Hi, Can anyone give me an address at Amex that I can get hold of the corporate T&Cs? Basically, here’s the story: Whilst I was in my previous role for a large company, I had a Corporate Amex card. Due to various personal issues (mainly gambling and alcohol related) I ran up a debt of £19500. I have seen been fired and the company I worked for passed the debt on to me. I received various phone calls from Amex and Brachers regarding the account but as usual buried my head in the sand. I’ve now received a Statutory Demand and am in the process of s*****ng myself. I have rang up Brachers and made an offer to pay which is being reviewed by Amex but what I’m now concerned about is that if it’s rejected they’ll continue with the bankruptcy route. I have my own house which is around £15000 in negative equity (mortgage plus secured loan) and is the house I co-own with my wife, and we also have a 9 year old son. Will I lose it? Also, is it legal for a Company to place a corporate card debt on to an individual? Not reading/remembering the agreement I signed at the company, I don’t know if it said or not they could do it. It is the type of card where I put in expenses then paid off myself. I’m absolutely petrified about what’s going to happen and don’t want to lose my house, wife and son (which I will if it goes that far!!). I’ve offered to pay £300pm until April then £400pm until the balance is paid, hoping and praying that they accept the offer. This keeps it to repay in total to 59 months, plus I’ve offered to pay my annual bonus of £1200 - £2300 gross directly off too. Can anyone please give me some advice on where I stand? Do you think I should speak to Amex directly about my offer? Many thanks, Steve

Hi All, Please bear with me. I have just received a stat demand from a debt collection company on behalf of their client. AN OLD FRIEND OF MINE. They first sent letters in December stating that I owed their client £90,000. In the letter it stated if they did not receive the monies within 7 days they will commence legal action. The next night at 20:30 someone from the debt collect company knocked on my door. He used very threatening behaviour. He said I had one hour to find some money "Or else'. I ignored him and called the police. The next morning I sent their company the letter template that I did not wish for them to come again without an appointment. 2 days after they received the letter they came knocking again. This time he saw me in the window and starting shouting at me. Calling me names and kicking the door. I called the police and they responded within an hour. By this time they had gone. I was so scared to live in my own rented house, that I moved home. I have redirected my mail to my new address. 6 months later In MY REDIRECTED mail I've received a Stat Demand from them for £42,000. So the Stat Demand was sent to my incorrect address. I'm afraid I binned the envelope and did not expect it to have any importance. The money owed is not owed. 90% of the debt to this person was over 6 years ago and most of the money that I did borrow was drip feed. I have made several payments to these loans but only to the original sum and not to the several that followed. I have not worked for 3 years due to a severe anxiety/depression disorder. This company is really pushing me over the edge. I made them aware of my illness straight away and they said they don't care. Not only that but the stat demand court is over 200 miles away from my current home. Please, please please could someone help me. I am absolutely desperate. Thank you all very much in advance. P.S I must add that I never signed any agreements to this debt. They have enclosed a typed letter that I apparently signed in 2006 admitting to the debt. The letter was not dated and the signature does not look like mine. What are my chances of having tis set aside?

Hello all, Out of the blue a letter dropped in from Lowell, claiming they bought an alleged debt from credit card company/Bank and they actually have stated in their demand, that it was purchased in 2005!! This was Stat Barred in 2009 and the appropriate letters sent to Buch,clark wells acting for Lowell stating it is well and truly Stat Barred. Their reply was an offer for a settlement of 50% less. Next letter approx 1 week later (after I sent Official complaint letter) stating acc, will remain on hold in the interim. New letter from Lowell Portfolio received this week as at first paragraph above. No Acknowledgement or payments have been made to this alleged debt for many many years, way over the Stat Barred period. Are they extracting the water or what? All replies/info will be as usual gratefully received. "EXEMPLO DUCEMUS"

Hello all, Received letter from Lowell, claiming an alleged debt has been sold to them from Lloyds, with an outstanding balance of several hundred pounds, this has been going the rounds for years, since the onset of the Bank Charges Claims, for which we managed a settlement years ago. I am almost certain it will be Stat Barred now. (Busy seeking docs.) Should I send: A) Stat Barred Letter or. 2) Request Letter of Notification of Assignment from Original Creditor under s136 of the Law of Property Act 1926. All information /advice will as usual be gratefully received. "EXEMPLO DUCEMUS"

hi i was served with the stat demand on 4/1/2013 by way of a hand written envelope pushed thru letterbox (no postmark) i have sent cca letter by recorded delivery this is a littlewoods account i havent paid or acknowledged since 2008 the amount claimed is 6,225 quid (balance no where near this amount) i have been advised to apply to the court to get it set aside i have already typed up an sar letter to send to shop direct any other suggestions as to what i can do. if it sounds as tho i know wot im doing all the help and info i have already has been advice from this site thanks to everyone

Hi Lowell have bought three of my debts. MBNA Credit Card over £1k Barclaycard credit card over £4k Bank overdraft just over £600 I received a stat demand hand delivered on 21 January from BW Legal re the MBNA debt. Sent them a request for CCA by special delivery on 23 January, they signed for it on the 24th. I applied to set the Stat Demand aside. I waited until the 17th day, so I could delay things a bit. The only defence I have is that in March 2009 I asked for a copy of my credit agreement to MBNA and they ignored my letter. There is no PPI etc. The relevant forms to have the Stat Demand set aside were received by the court 7 February as I sent them next day courier. I have not received anything from the Court. What happens next with the Court? Also, Lowell have until Sunday to reply to the CCA request as the 30 days will be up. What do I do next in respect of that? After receiving the Stat Demand I did a credit check on myself and found out that they had bought the Barclaycard and bank overdraft debts too. I have sent them a CCA requests for both. I got two letters from Lowells today. Re the bank overdraft they said they dont need to provide a credit agreement and sent the £1 cheque back, stating it would be on hold until they can provide me with bank statements. Can I do anything else here? Re the Barclaycard, they said they have requested the CCA from BCard. I have noticed posts suggesting doing a SAR. Is there any point in doing this? What can I gain from doing so? Many thanks in advance and sorry for the long post.

I appear to have a debt of around £3500 to Littlewoods in 2007 which Lowell's have tried to collect. Yesterday I had a visit from a collector who handed me a Stat Demand for the amount in whole This debt was in dispute in 2008 as I was not receiving my 'cash back' for items that were purchased. After repeated demands for these due amounts I warned them unless they paid back what they owe they would receive no more communication from me. Well they eventually reworked out the amount and applied that but it was still not the correct amount (they claimed they made a mistake initially, even though it was still wrong). Well they continued to harass and not include the whole cash back amounts and eventually passed the debt around until Lowells finally issued the Stat Demand via a company called BG LEGAL yesterday. The debt had been passed with ALL the cash back now removed from my account, toally disregarding my legitimate requests. I have written to BG LEGAL today with a £1 postal order (CCA request), I also contacted Lowell Portfolio and did a similar CCA request (overkill but I wanted to make sure they could not delay further). I also contacted Littlewoods (the original creditor) and sent off a SAR request and duly included the £10 fee. I sent all recorded with BG LEGAL contacted by special delivery (I have all tracking numbers). I now need help with getting this set aside, I believe firmly they will not be able to provide the CCA, is this alone enough reason to get this set aside? Or do I go alongside the angle that this debt is in dispute as the cash back amounts were not correctly applied to my account? Also there are plenty of £12 charges against my account when I stopped paying due to the cash back saga. (I notified Littlewoods in 2008 via telephone that the debt was in serious dispute and they were in breach of contract). Can someone also post a link to 6.4 and 6.5 as I want the latest version that I can hand into my local court that handle bankruptcy orders (the one named on the letter, does indeed) Finally, the letter handed to me by the 'process server' did not contain the officer's name or details who handed me the Stat Demand, all the information on the first piece of paper was left blank so I cannot even tell if he is qualified to make this call and hand me the letter. Is this relevant? Many thanks to anyone who can help, you lot are brilliant (long time lurker). My main worry ------------------ I am a home owner but it is a joint mortgage with my fiancee. We have different surnames and this debt is only in my name, could they do something to our house or mortgage under these circumstances if, heaven forbid, they manage to win? How long do they have to respond to the (sent today) CCA request? Will that time limit expire before my 18 days to get this set aside? Am i right in thinking they have 40 days for the SAR? Was this a waste of time?

I have a card debt of £11,700 and just received a letter from the above saying they are considering issuing a stat demand. The card was taken out in 2000 and I previously asked for a copy of the agreement in 2007 which came back as an unenfiorceable one. It did not have the prescribed terms and was just an application form. I stopped paying around Nov 2007. Do I reply to the letter? Do I request another copy of the agreement ( assuming now I'll just get a recon) Do I ignore it? If I send anything in (S77) does this start the SOL all over again? Please help

Hi guys , i received a stat demand from BW Legal on behalf of lowells i replied with the template CCA letter . they received the letter on the 29th November 2012 , and i am still waiting for a reply . I called BW legal to ask them what was going on , at first they denied receiving anything until i told them it was signed for and tracked , and then magically i was told oh yes we have it . they then told me i just have to wait for lowells to contact the creditors and get the details and that was it . so since it has been quite some time now , what do i do next ? thanks

Hello Quick question to satisfy my curiosity... If a one month payday loan was takenout but never repaid, when does the stat barred clock commence - upon taking out the loan and acknowledging the debt, or the date of failed repayment at the end of the month? A beneficial answer will wipe a month of the SB clock as I had been basing my calculations on the date of no-repayment. Yours BSBS.

Hi can anyone please help me? My mother in law has just been sent a statutory demand under section 268. She has approximately £3500 outstanding on a debt from a creditor that she has been paying for the last 5 years which she got acting as a guarantor for her daughter. She received a CCJ in connection with this originally and completed attachment of earnings forms which the judge later used to set up the installments to repay the creditor with an AOE Order, she has never defaulted from this original agreement within five years. Now she is obviously beside herself with worry just before Christmas of being forced to sell her house. Can she ask for this to be set aside as she has never defaulted and is continuing to make repayments, its simply the creditor wants his money quicker as stated in his letter to her. I have completed budget forms with her and things are tight enough for her without having to up the payments to him and we cannot get the debt under £750, what can we do? I would be interested in your responses.

Hi all, I'm being chased by a pdl company currently. the amount is for over £1500 but the default a year ago was for £250. I am going to have to deal with this but I'm going to apply for the stat demand to be set aside as I dispute the amount. Anyway, I received a stat demand by post about 10 days ago, then 2 days ago I received the same stat demand for the same debt but with a different date on it by email. This seems a little like they're using a stat demand as a debt collection tool. They've never attempted personal service and would I be wrong in saying it's very odd for them to send two stat demands with different dates within the 18 days? Would the later one supercede the earlier one? I'm confused and hope I can deal with this. Thanks for any help

Ok Brief symopsis :- Ex Business Landlord started Bankruptcy Proceedings in 2010. Court 9 Times. I won every time including in Appeal Court (Not bad for litigant in person). Downside was that for some really strange reason the Appeals Judge awarded the LOSING Party £1000 due to the fact that they should not have been granted the hearing in the first place so they were awarded £1000 for costs and I was awarded nothing. Now bear in mind the reason I have won all this was that the landlord changed the locks on my business unit one day without notice or anything after 5 years. It was deemed that he acted illegally and had also forfieted the lease in doing so and on teh amount of money that he was pursuing me for which was £9000 I proved that I had paid it. Judge did state that I now had a case for at least £5000 against the other party (I am applying for transcript). whilst I dissagreed with the costs I wasnt experienced enough to deal with it. I did know that as I now had this metaphoric £5000 in my artillery that he was unlikely to pursue the £1000. Wrong...Stat demand served on me. I applied for it to be set aside. I lost at the hearing due to a technicality that I didnt know (again inexperience). The judge stated that he was allowed to set aside a stat demand backed by a court order, however NOT if from the Appeal Court. Therefore the applicant was able to proceed for a BO. I left the court and paid £252.00 into the account of the Applicant taking it below the threshold for bankruptcy. Trouble was they were awarded £800.00 costs at that hearing REALLY £800....i argued with the judge that I filled in an online stat demand and it took 5 mins. Failed.... Here are my 2 issues....Firstly Morally.......I am a dad with 5 kids (3-12) a wife and a mortgage who has lost his business, had a breakdown and now on tablets, and on disability allowance and my wife is my carer and I WON !!! I WON in the HIGH COURT OF APPEAL where i thought it was the end to years of court cases and mental torture and the constant bankruptcy threats. Secondly I WON....In the High Court of Appeal and yet STILL he is pursuing me and desperate to make me bankrupt. The reason for this is when I signed the lease 5 years ago he said to me if ever I cross him he wil take my house.....This is the sole reason for all this as the man is a multi millionaire and owns 2 or 3 industrial estates. Sorry thirdly I have read that an Application to set aside a stat demand will only be granted if there is a reasonable chance of success. If that is the case which I am sure it is, I went into that hearing with my hands tied behind my back and blindfolded as I could NOT win it due to the technical ruling about appeal courts. So I attended the next hearing for the stat demand for £800 feeling very confident as in my previous hearing the judge had explained that if not from the court of appeal he had the power to set aside, and also the tests for setting aside a stat demand like counter claim which I had potential form the court of appeal, and my biggest point of call was that I had outlined a counter claim for £13,000 that would extinguish the debt. The court had failed here badly as the OTHER party were not present as they court had not notified them, the hearing was not recorded and I was not asked by the judge if this was ok, she had NO case history at all apart from my simply application to set aside, she had not received paperwork hand delivered the previous day, and she started talking to me about a different case before she realised and corrected herself. She immediately simply stated that as this was back by a court order she could not do anything about it, with a risk of offending her I pointed her to the books on her desk and explained that the previous judge has told me different and that she did have the power. She basically got cross with me and said no. and that was it. I stated to her that she had not even taken into consideration a counter claim that would etinguish or that she had even read any case history. she just said No. and that was that. It was like her mind was totally somewhere else. So apart from being fuming I decided to appeal. The applicant knowing that I would simply pay off £55 from the debt, amalgamated the 2 debts now totalling £1500 and issued another stat demand. I did not apply to set it aside this time as I knew I would appeal and in appealing it put the debt into dispute therefore they could not pursue and a BO would not be granted. The court date arrived and I attended, this time the applicant HIMSELF turned up for some bizzarre reason. Even his own counsel asked me if I knew what he was doing there. It was an intimidation excersise. Bearing in mind to date i think he has spent £12k in fees against me but he is probably insured so it doesnt even come out of his own pocket. The judge simply stated that she had no idea what they were doing there as I had appealed and it had been granted so there was nothing she could do. The applicants counsel did ask that a hearing straight after the appeal hearing is set for the SD to be heard. This was granted but then it was transferred to the appeal court so it was not possible. I have now received numerous letters from the appeal court stating that it is going to the appeals judge and to do nothing apart from wait. I have appealled on the grounds that the judge was inadequately equipped for the hearing, did not follow protocol and that in my opinion she was technically incorrect and if she wasnt then the previous judge was. It is almost a win win stiuation to a degree because if the first judge is correct then she is incorrect or if she is correct then the previous judge is incorrect so SOMEBODY if WRONG. The latest letter from the appeals court baffled me. It is from tjudge and forms an order to the following :- Without Notice Stay of execution. It is orderd that 1. the application be refused. 2. The appelant has not put forward sufficient basis for departing from the normal rule (white book 52.7.1) that an order shoudl not be stayed pending appeal. It is not apparent the the mere presentation ofa bankruptcy petition is likely to prejudice the appellant and the existance of a pending appeal were a bankruptcy petition to come before the court then the present appeal had not yet been determined. Further it can be inmportant in the context of, for example section 284 of Insolvency act 86 that an alleged creditor should be permitted to present a bankruptcy petition to be disposed of before the pending appeal. 3. the order has been made under cpr23.9 as the court has disposed of an application without a hearing any party may apply to have this order set aside or varied within 7 days of service. It was dated 28th but I received it on the 30th so taking into account bank holidays and weekends i read that 7 days is up Tuesday 12th ??? So what does that mean ????? I have read it over and over and over and read the rulings etc but to be honest it doesnt make sense as i thought the rule full stop was that if the debt is in dispute bankruptcy proceedings can not proceed ??? Isnt it that simple ???? Can somebody PLEASE PLEASE PLEASE PLEASE help. Thanks a lot Warren

Don't want to say who yet, but a DCA has been pestering me about an account that the last payment date was 23rd August 2005. Confirmed by the statements they've sent me recently. So can somebody confirm that as i've not paid or acknowledged the debt since then that I can send the stat barred letter on Tuesday. Although i've not moved the OC decided to start writing to me at a relatives address, those letters were returned, then they sold it to a dca who kept writing to the same address all were returned unopened. Early this year they wrote to me at the correct address, I sent the prove it letter. They replied with statements and an application form with no prescribed terms so I said get me an enforceable agreement or get lost! Had a few grovelling letters eg pay 30%. All replies to them have been marked "I do not acknowledge any debt to your company or any company you claim to represent" Also contains PPI and Penalty charges, although not enough to settle the alleged debt. So should I post the letter monday or leave it till Tuesday? Thanks for your help. Jon