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  • #31
    Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

    tap tap tap
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #32
      Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

      I presume "Not before half past eleven" can basically mean any time today?
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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      • #33
        Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

        Oomph well what a fucking day eh?

        * you'll all know real soon sit tight
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        • #34
          Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

          11.30 is when the public judgment was handed down - ie for public discussion.

          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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          • #35
            Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

            http://www.bailii.org/ew/cases/EWCA/Civ/2011/1187.html
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #36
              Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

              Since its a public judgment


              Here it is
              Attached Files

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              • #37
                Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

                So

                (1) not entitled to the SJ.

                (2) DN not giving the 14 days from service was not something that should have been passed over as not being significant in the original decision?

                Thirdly, if, as a matter of construction, the Default Notice has not or may not have allowed the minimum statutory period for Mr. Brandon to remedy the breach, then it is (at least) realistically arguable that the defect cannot be overlooked as de minimis.

                To my mind, this conclusion applies both to the failure to allow a minimum 14 day period and to the absence of prejudice flowing from the defect in the Default Notice.

                Insofar as DJ Gisby and HHJ Denyer thought otherwise, I am, with respect, unable to agree.
                Do I read that correctly?
                Last edited by Riz; 25 October 2011, 12:05.
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #38
                  Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

                  correct

                  nor can they say its contractual termination where there is a breach

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                  • #39
                    Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

                    Excellent.

                    Is this it, or can we expect round 4?
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                    • #40
                      Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

                      Surprising.......
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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                      • #41
                        Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

                        Is everybody still reading and digesting? Thanks Paul for getting it out to us. Is this not a result which should put this DN argument to bed?

                        I have not read it all but picked out few salient points and then went to the last line allowing the Appeal.

                        Phew!!! yes?

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                        • #42
                          Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

                          Originally posted by rizzle View Post
                          Excellent.

                          Is this it, or can we expect round 4?
                          It's not over by a long shot but I had to laugh that Amex tried to say that a card was the same as a bank account, ie repayable on demand!!

                          Fucking clowns!
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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                          • #43
                            Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

                            The main annoyance was the way they failed to attack Amex for their appalling conduct, and instead elected to hammer the Consumer for fighting for his rights.

                            How many times does it say he's a credit risk?

                            Yes Brandon won.
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                            • #44
                              Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

                              Yes mate I found those last paragraphs a little disturbing to say the least. However it does show that if we stick to the law even a somewhat biased judiciary has to reluctantly agree with us.

                              regards
                              Garlok

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                              • #45
                                Re: AMEX LIMITED v IAN KARL ROBERT BRANDON [2010]

                                Brilliant. More to come then I presume
                                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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