StevenDrakeSolicitors and 'fake' Statutory Demand amex card debt

[Dwayne Dibbley]

Also, looking at your previous threads, you recieved a stat demand on or around the 8th August. Is this the same debt? A new stat demand?

 

No that was the Connaught Rogues who have since closed the file and now im dealing with first credit.

[Dwayne Dibbley]

I have already sent by Special Delivery (confirmed delivered 30/08/07) a CCA request as follows:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act

 

We understand a copy of our credit agreement should be supplied within 12 working days

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act

 

We look forward to hearing from you

 

i know it may not be covered by a CCA but thats why i have stated i do not acknowledge any dept to your company (stevensdrake) as my last contacts were with RMA and i have had no notice that they have passed it on back up etc

 

I have also not acknowledged the reciept of the SD to them.

[Dwayne Dibbley]

Well i have recieved a reply from StevensDrake this morning:

 

We thank you for your letter dated 29th August 2007 and we return your postal order and whilst we shall request a copy of you application form, this aggreement is not a Consumer Credit Act regulated Agreement by virtuee of the Consumer Credit ( Exempt Agreements ) Order 1989, So the sections you quote do not apply

 

Please indicate why you deny liability

 

Yours Faithfully...

 

Should i just wait for the copy of the application form?

[Dwayne Dibbley]

Hi, i have recieved a SD from stevensdrake this morning 18th April, there letter dated 3rd April and postmark on envelope 17th April all sent via regular mail and not recorded. i guess they are trying to use up the 18 days by backdated the SD.

 

The SD its self is just printed on a piece of paper with the name of the stationary printers still on the bottom.

 

Should i discard this as they have no proof of me recieving this.

 

The matter is over a AMEX issue to the value of £4555 of which £1540 is interest they kindly are adding at £5.07 a day, I believe this is not covered under a CCA so i cant send a CCA request.

 

Any tips on what i should do.?

 

balance without there interest is £3014

 

thanks

[boyboynova]

I would go to court to have set aside,it costs nothing but better safe than sorry.You can download forms 6.4 and 6.5 from web

 

Chris

[Dwayne Dibbley]

should they not first ask for a payment plan option and not go straight for a SD? as i am not a home owner and have no assets?

[Dwayne Dibbley]

I have this morning received a N! Form from Brighton County Court. Brief Details of Claim: Monies due in respect of unregulated charge card expenditure The claimant therefore claims: 1 £3014.92 2 Contractual interest accrued to the date herof £1944.72 3 Further contractual interest at the rate 3.5% (£5.62 per day) 4 costs to be assessed Claimants claim £4959.64 Question is can i dispute the interest they are applying and admit 3014.92+court+fees or would i be better admitting the full amount and offer to pay in installments with my current outgoing i could pay 100- 150 per month but if they continue adding interest i will never pay off the interest let alone the dept. the AMEX card is not covered under the Consumer Credit act Many Thanks

Edited July 9, 2008 by Dwayne Dibbley

[I've got no money]

Why is it unregulated? Is it unregualted or unrestricted. Can you post a copy of the summons - cross out anything that could identify you - name, address, account reference, sum claimed, their ref etc

 

1.Return the Acknowledgment of Service form on Monday by recorded delivery to the Court. That extends the time for filing a defence to 28 days from service - tick the box that says you are going to defend the claim

2. Send a CCA Request to Amex - there is a suggested letter in the templates section - enclosing a £1

3. Send the CPR letter - again its' in the templates section

 

At this stage don't admit anything. Lets see if they have an enforceable agreement to start with. You can, if you want to admit the £3014 but personally I would not admit anything at this stage. Get some more information

[Dwayne Dibbley]

Here is a link to the summons:

 

http://x-centric.net/Page1.jpg

http://x-centric.net/Page2.jpg

 

Also a copy of the CCA response:

 

http://x-centric.net/Page3.jpg

http://x-centric.net/Page4.jpg

 

How this make things clearer

 

Thanks

[I've got no money]

OK - forget the CCA request - instead do them a Data Protection Act Subject Access request - You still need to file the AOS and to do the CPR letter.

 

Assuming that they reply to the CPR letter we can sort out a defence/part admission

[Dwayne Dibbley]

Many Thanks, will send the AOS back asap, looking for the SA template is this the one http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html and still looking for a CPR letter template,

 

UPDATE:

 

Found the CPR template, do i just send this to AMEX Europe.?

Edited June 22, 2008 by Dwayne Dibbley

[Dwayne Dibbley]

Update: AOS dispatched today 23 June 2008 Special Delivery to Brighton County Court

[42man]

Unfortunately charge cards are not regulated by the Consumer Credit Act....you will need to fight this on the fact that there are probably excessive charges that have been added to the account...also did they send you a default letter ? a letter before action ?....

[Dwayne Dibbley]

Never received a default notice, it does not even show up on my credit report. I will send the CPR letter off to AMEX tomorrow via Special Delivery and wait there response. Might be a case similar to this one http://www.consumeractiongroup.co.uk/forum/legal-issues/144007-help-amex-no-cca.html

[Dwayne Dibbley]

CPR sent to AMEX. now to wait

[Dwayne Dibbley]

Still nothing from AMEX surprise surprise, they have until Thursday for there time limit, then i will need to prepare my defense to send to the court, although without infor from AMEX and no default notice i guess my defense will be a little thin

 

Thanks

[Dwayne Dibbley]

And Today nothing in the post, i have until Wednesday next week to file my defense, can any offer any pointers, ie no information from amex making it pretty hard to put together a defense? would i just that Amex have not supplied the required information to help me with my defense and therefore ask for more time to allow amex to send a shread of info?

 

Thanks again

[Dwayne Dibbley]

Still no post today from AMEX, still need some assistance on what to say in the defense, else ill just have to admit to it and offer payments

 

Thanks

[42man]

ok....you'll have to have a read around the forums / legal section / legal successes to glean some more info....as it is a charge card, you can't use the Consumer Credit Act, you could ask the judge to see the original 'agreement'...bsically, all I can suggest is to dispute fully for the excessive charges, make sure the default notice is fully compliant and the termination notices, (also did you get a letter before action ??)

 

This defence below isn't ALL necessarily relevant to your circumstances but it will help...

 

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

Between

 

 

xxxxxxxxxxx- Claimant

 

and

 

 

- Defendant

 

 

 

Defence

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxxx

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

4. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any Notice of Assignment required for the claimant to have a legitimate right of action for the purported debt or any other matters necessary to substantiate the claimant's claim.

 

b) Any copies of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

.

5. Consequently, I deny all allegations on the particulars of claim and do not know what case I have to meet

 

The Request for Disclosure under the CPR

 

12. Further to the case, on xx/xx/2007 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of statements for the duration of the account and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, 13. This request was sent by royal mail special delivery document number XXXXXXXXXX and was received by the claimant on xx/xx/2007

 

 

14. To Date the claimant has ignored my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person

 

 

 

 

The default notice

 

 

22. It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

 

23. Notwithstanding point 18, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

24. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

 

 

Conclusion

 

26. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

 

 

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed .....................

 

Date

[Dwayne Dibbley]

Duplicate post

Edited July 11, 2008 by Dwayne Dibbley
Duplicate post

[Dwayne Dibbley]

Many thanks 42Man, sods law i have received a letter from AMEX's solicitors this morning Friday 11th.

 

All they have sent is a copy of the original agreement and statements and a kind letter stating some rules and regs about what i can ask for etc see links for copy of letter and agreement T&C's

 

Response Letter : http://x-centric.net/response.jpg

 

Back of agreement not originally sent : http://x-centric.net/Aggreement.jpg

 

As i believe that i have never received a default notice, do you think this is why they are unable to send any further information?

 

I guess i can no amend the above letter supplied by 42man to state that information has been received but is actually useless in assisting me defend my case?

 

can anyone confirm if they are correct in stating why they will not send the information ( or is it because it does not exist )

 

Thanks

[Dwayne Dibbley]

PS whats the difference between CPR part 16 and part 18?

[42man]

Are those 2 documents all that they have sent you ??....I would say that the 'agreement' means NOTHING without your signature on it....what they have sent you is an UNEXECUTED agreement....that piece of paper they sent you could apply to ANYBODY !!!

 

 

[42man]

The reasons you need ALL the statements for the duration of the account is the fact that you would dispute the amounts due to excessive charges.

 

And yes there should have been a compliant default ....

[42man]

SCHEDULE 2

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE

DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY

SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

Regulation 2(2)

Details of agreement

 

1

A description of the agreement sufficient to identify it.

 

 

Parties to agreement

2

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

3

A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.