Wickerman v American Express

[Wickerman]

Data Protection Act sent off last week, and statements arrived today very swiftly via Special Delivery. Not a great deal to claim at all from these (only 3 late payments fees) as the account was closed in 2002, but £60 is £60 nonetheless and they can bugger off if they think they're hanging on to it.

 

Preliminary refund request ready to be popped into the post box tonight.

[jonni2bad]

Any updates on this?

[Wickerman]

Had a response back from Amex, dated 25/07 acknowledging my "complaint" and telling me that I would get a response within 28 days. Funny how they try to regain control by implementing their own timetable to proceedings.

 

They have another 7 before my LBA is despatched. I'll keep you updated.

[Wickerman]

Have chosen to turn down my request. LBA sent on 9th August.

[blackrain]

Hi, they will probably send a letter saying your complaint has been 'escalated'. I think this means there is a waste bin higher up than the one they threw your last request into.

 

Don't be disheartened though. I think this is Amex's well though out plan (not) to dismiss the claims. You will possibly also have to go through moneyclaim to get your sixty pounds back but stick to your own timetables not theirs. Just follow the procedures and you should get there in the end.

[Wickerman]

Well, they didn't even give the lba a response, so on 30th August I filed a claim on MC (which included my account number in the particulars of claim). Today received a letter from Moneyclaim, containing the N1 form and a letter from Amex saying that they cannot do anything without the account number (the same account number that's on lines 2 and 3 of the particulars of claim).

 

I packed the whole lot together with a polite letter continaing the required info, also pointing out where the account number was originally mentioned. They've a keen eye, this bunch.

[Wickerman]

Not heard a sniff from Amex, so have today requested judgement by default.

[jonni2bad]

Great stuff, let us know what happens

[Wickerman]

Need a tiny bit of advice if anyone can help.

 

Have today received a Notice Of Judgement Entered, from Northampton CC, and on MoneyClaim the Judgement is showing as "Issued 29/09".

 

Having read the tutorial online, it seems to imply that I can issue a warrant as soon as judgement has been entered, so long as I'm requesting payment in full immediately.

 

Well my question is, has judgement actually been entered, or just issued? Under the heading of Judgement on MoneyClaim, there is a Continue option, and understandably, I have a twitchy finger right now.

 

Hope someone can advise.

[Wickerman]

I decided to ask the court the above question, and as the judgement was entered on 29th September and sent to American Express the same day, I can ask for a warrant to be issued anytime I want.

 

Part of me is thinking that I should give them another 3 days to respond, but then part of me thinks that they've had, from the start, about 60 days to pay back just £60 in charges (which now currently stands at £113, and will rise to £138 when I issue a warrant).

 

Any opinions whether I should give them yet more time, or just press on. Don't forget they've had over a month from the moment I filed on Moneyclaim, until I had judgement entered.

[Wickerman]

Thanks for all the input. Decided to file for warrant today and send in the bailiffs.

[jonni2bad]

Thanks for all the input...

 

Very constructive. Don't forget that this is a SELF HELP site. If you feel as though you need immediate input, perhaps instructing a solicitor is more your thing.

 

Clearly you were able to resolve this by taking some action yourself, which is precisely the aim of the site.