Brandon v Amex - date of appeal hearing + detail?

[ncf355]

Hi, I have case entering court VERY soon where I am essentially claiming their claqim is invalid based on the default containing penalty charges I note that this mirrors Brandon v Amex, and also understand that case is due to be appealed - could anyone provide details on the actual appeal documents along with the date of the appeal and court in which it is due to be held? Thanks

[MIKE770]

Re: Brandon v Amex - date of appeal hearing + detail?

Received package, only coms log in there it seems full on codes etc, no cca etc, so wonder what happens now? did see a comment where I said about my situation and was going to pay nominal amount due to loss of 30 hours per week work, which Metropolitan stated originaly I had not made any payments.

Anybody been through this, them stating problems somewhere in the system and cannot give a time limit to resolve, others I am sure have requested S.A.R. would like to know what eventaully happened.????

[MIKE770]

Re: Brandon v Amex - date of appeal hearing + detail?

seems to me they do not have the necessary information etc of any alledged agreement? they cannot go on and on indefinatly before stating so surely.?

No Copy of D.N../final demand, threatograms, T&Cs etc 1997 taken out.

TNT will re-deliver package to-morrow as missed them to-day from HSBC see what that package holds?

Any bets???

[MIKE770]

Re: Brandon v Amex - date of appeal hearing + detail?

seems to me they do not have the necessary information etc of any alledged agreement? they cannot go on and on indefinatly before stating so surely.?

No Copy of D.N../final demand, threatograms, T&Cs etc 1997 taken out.

[MIKE770]

Re: Brandon v Amex - date of appeal hearing + detail?

Got the S.A.R. to-day (late) after Court Case, will have to go through items, but main letter states:- with regard the Credit Card Agreement this not held electronically or in a relevant manual filing sytem. If it is held, it will be in a manual format in a non relevant filing system (as defined by the Data Protection Act 1998). We are satisfied that our business procedure meets the Information Commission!s guidance.

Please note that due to a system problem in one of our business areas, we are still awaiting some information. Unfortunately, I am unable to provide any timescales for the issue being resolved and I apologise for any conveniance caused. The information will follow as soon as possible. The information will be sent Special Delivery.

[MIKE770]

Re: Brandon v Amex - date of appeal hearing + detail?

Nearly got set aside;-

[MIKE770]

Re: Brandon v Amex - date of appeal hearing + detail?

Hi Mike
Should you spell out SAR = Subject Access Request.
Good luck with this.

You are right Tuttsi, will amend main copy Thankyou.

Re: Brandon v Amex - date of appeal hearing + detail?

Hi Mike
Should you spell out SAR = Subject Access Request.
Good luck with this.

[MIKE770]

Re: Brandon v Amex - date of appeal hearing + detail?

I am sending basic statement and Bickford-Smiths -Directive also copy of 2008 year planner showing weekends/holidays shades.to D.G. to-night recorded delivery.

[Gorang]

Re: Brandon v Amex - date of appeal hearing + detail?

Teaboy thanks for that as I do take your point if the DN is posted on a friday and the bank hol is on the monday then that will make a difference

The act I have been using for postage times for defences is this one if this helps

Which I just noticed that bank hols are exculded

Sorry Mike I had that wrong

The Defendant further avers the Interpretation Act 1978 Section 7 states
“Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."
2. Practice Direction
Service of Documents - First and Second Class Mail.
With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.
1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.
2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-
(a) in the case of first class mail, on the second working day after posting;
(b) in the case of second class mail, on the fourth working day after posting.
"Working days" are Monday to Friday, excluding any bank holiday”

[MIKE770]

Re: Brandon v Amex - date of appeal hearing + detail?

I intend to deliver to court offices to-morrow if anybody has comments etc please advise for final statement of defence.

[MIKE770]

Re: Brandon v Amex - date of appeal hearing + detail?

Thought so Master of the Rolls directive as per previous post.

[teaboy2]

Re: Brandon v Amex - date of appeal hearing + detail?

Bank Holidays do come into it inregards to the posting of a DN, i.e. 2 working days not 2 calander days for post. That means saturdays and sundays along with bank holidays are not classed as working days. So if the DN was posted on a friday afternoon, the ealiest you would likely receive it, as a result of bank holiday, would be by wednesday the following week, though its possible you might receive it on the tuesday of the following week. Off course it all depends whether the bank holiday effected the DN whilst it was in the post to you or not. So in other words if the DN was already in your hands prior to the bank holiday and the bank holiday was one of the 14 days you have to rememdy then the bank holiday is irrelevant.

[MIKE770]

Re: Brandon v Amex - date of appeal hearing + detail?

Hi Mike

I don't think bank hols makes any difference as it is 14 calender days they need to give you, so weekends and bank hols don't come into it at all, so I would be incilned to remove the bit about the bank hol, as even without that they still have not given you 14 clear days to remedy the default, by not providing postage time

Amended statement: - o.k.?

[Gorang]

Re: Brandon v Amex - date of appeal hearing + detail?

Hi Mike

I don't think bank hols makes any difference as it is 14 calender days they need to give you, so weekends and bank hols don't come into it at all, so I would be incilned to remove the bit about the bank hol, as even without that they still have not given you 14 clear days to remedy the default, by not providing postage time