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    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   after being a lurker for many years and trying never to get into a mess with credit cards like i did 20 years ago, i've got myself into a mess with Amex... I've tried being open and honest with them, but now getting the feeling they are messing me around.    Its not a chargecard, but a Nectar Credit Card with them. TAKEN out 2016. Balance is just under £15k as of today, was almost at £17k.  Debt still owed by Amex, not been sent to NCO/Arrow etc - YET...    Background (short version): Was all fine with more than min. payment (£500 or so), being made until April 2020 when a number of things reduced my monthly salary from work (mainly, take a pay cut or be made redundant), so I soon quickly realised i needed to tighten my belt quickly. Phoned Amex, advisor said nothing they could do except Payment Holiday. Was put onto that for 3 months, told that Amex will be in touch at the end to restart payments. I asked about interest being stopped/frozen/reduced - not possible. So agreed to payment holiday to give me breathing space. 3 months came and went, no contact from Amex... No payments made, interest still racking up at around £300 a month...    Rang Amex back (July 2020), we cant do anything today because your in the middle of the statement cycle call back next week. Called back week after, no solution yet (i asked about things i seen on Amex US website = Regain program - basically freeze card, lower interest rate and pay a set amount for 12 months - more about this later) > Not available in UK yet.   Want to stay on payment holiday Mister B? I asked if there was any way interest could be stopped as this is making the balance increase and increase. No. Do you want to stay on Payment Holiday? Ok. (Bear in mind, if i came off Payment holiday. Minimum Payment was around £570 per month.  So, stayed on payment holiday... Didnt hear anything from Amex again. Called back up in September 2020. Please call back in October after 10th and we can assist.   Called back after October 10, went through loads of stuff, different options etc, was warned that Payment Holiday might not be extended much longer, but now have a program. Worked out with Amex woman that i could pay around £200 per month. But please stop interest - no we cant but we can reduce this down to 9.9APR instead of 23%... . Amex woman said she needed to submit details to 'Seniors' at Amex, please call back next week for update.   Called back week after, advised that first Amex woman was wrong and had made mistakes, shouldn't have told me what she had told me, £200 is too low, minimum would be £389 per month for 12 months or account will default. Told Amex woman 2 that couldn't afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is minimum they can possibly accept, 12 months at that amount per month and interest would be lowered, but not stopped. If you dont take out this 'Program' then account will default and will be passed to NCO or Arrow (I hate them both).  Went off, tried to get loans etc, all refused. Rang Amex back, reluctantly agreed so i can keep credit rating at 'good'.  So, been paying since Nov 2021 @ £329.74.    Letter arrived in December - due to out mess up with moving accounts around whilst on payment holiday, we are going to give you £3074 back. Logged into account, only £30.74 refunded, not £3074. Phoned Amex cos thought it was a joke/mistake - Spoke to some bloke - Oh dont worry, the rest will be applied to account automatically in 7 days. he advised was genuine but then got cut off during call. Called back, spoke to some other bloke, yes, looks genuine but please hold... Came back 10 minutes later. Oh, its a mis-print, you are not the only customer to receive one of these. Each should have been £30.74 not £3074. Me = Gutted.    Wrote a letter to Amex saying how dissatisfied i was with general customer service and felt they were incompetent, blah blah etc. Final response received, Complaint partially upheld, heres £150 credit because we were a bit silly, but thats it. IF your still not happy, go to FOS. Opened a case with FOS... Have sent them the complaint letter to them and have had a call from them about this... FOS are backlogged though and will take another 3 months for complaint to be looked at by them.   Let me make this 100% clear, fully admit to owning the debt, yep, ive spent this money (wish I knew what on, cos having got much to show from it - just general stuff and holidays)... Not trying to shirk out of it, trying my best to keep up with re-payments but im really struggling. After I got paid on 1st April, after paying all outgoings i had £9.83 left in current account so am having to go into overdraft each month which is just a vicious circle.  I would really like to NOT have to down the default route and trash my credit rating and then have to deal with the morons at NCO / Arrow etc.    Meanwhile, this is where I need the advice of the CAG experts... - Credit Limit increases... These were coming every few months and it was just being upped and upped and upped. Credit limit eventually was stopped at £15,400. Some of the increases I never even received letter for, just noticed when I logged into account. >>>> Would this be a case for irresponsible lending?   - Stopping interest - I've read something on FCA site that they recommend (not policy) that if a customer is put onto a payment holiday then they recommend freezing interest for customer so the debt doesn't continue to build. I've asked time and time again, Amex just refuse.  >>>> Any tips on how to get Amex to play ball?    - Full & Final/Short settlement I've rung Amex today, told them I might be able to pay it off. Initially they said full balance, i then pushed, they then said they would accept 80% of balance, pushed them a bit more, got it down to 70%. >>> Surprised, and then very surprised they would accept 70%, anyone else think this is a bit odd? Normally they wont budge, or they wont budge from their first offer... Could their be something wrong on account (missing CCA etc?), or do they want rid of me and account as much as I do with them?   - Cant really keep going at these £329.74 repayments. Something is going to have to give somewhere. I believe they wont go any lower and they will just default it i send £100 instead of £329 and send it out to NCO/Arrow. This might not be a too bad thing though because this would stop the interest right? Anyone thoughts on this?    Anyone think of anything else I could try with them? Again, its still with Amex, not defaulted or anything yet, yep, its all my own fault, i've spent the money, dont deny that, just feel Amex have took advantage etc.   Many thanks for reading. Any advice is greatly appreciated.   Kr, Mista B.     
    • Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license.  What more can l do. 
    • Hi All   just looking for some advice. I bought a used Porsche Boxster from one of Marshall motor group’s Audi dealers (can I name them?) recently and was assured that it received a major service in October 2020 in line with the manufacturers requirements. The service book confirms this. The dealer also told me on the phone that they have a 6 month rule with any mot or service being done if due within this period which assured me when making an offer over the phone on the car that it wouldn’t need anything doing for a while as I recall saying that.   However, digging through the receipts post delivery I saw that the service was in fact minor and after calling the specialist who serviced it in Oct both they (Sheepishly) and the invoice confirmed that the car did not receive new spark plugs, an air filter, brake fluid replacement or a new fan belt which have now all fallen due and hence the major service due warning light. Had I not investigated this then the car would have potentially gone another 4 years, so 8 in total without some of these items being done.   i emailed the salesman to ask what they would propose to do. The matter is complicated by my living 450 miles away in Scotland, and 200 from their nearest branch, a Mercedes dealer in the Lake District, so I suggested getting my cheapest local specialist to do the works that have fallen due, however I have received no response.   Whilst I am still within my 30 days i don’t want to reject the car, which is otherwise perfect, but the fact remains that the Audi 150 point check only asks for upcoming mot’s to be checked and not services and surely you wouldn’t buy an approved used car and expect to have the service light come on 2 weeks later and have to spend almost £500 putting it right.   i would really appreciate some advice on next steps and perhaps who to escalate this to. Meantime the car is booked in for 2 weeks time to get the work done at the cheapest reputable place I could find.   Many, many thanks in advance
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I am going to court on thur (6th July), help!


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Good luck!!!!:razz:

06th April 2006 Statements requested for last 6 yrs:

Bank of Scotland: Current account Breaching DPA

Royal Bank of Scotland: Style Breaching DPA

Capital One: Mastercard Request for £499.23 on the 17th April. £40 refunded to account on 26th April. Small claim hearing 27th June. Full refund and interest 24th May.

Coop: Crashed and burned into giving in Full and final offered 16 days after LBA ;)

 

Thats enough just now, more to come though

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Guest Mumofthreeboys
I'm in Court tomorrow (NOT BANK CHARGES) you wish me luck and I will wish you luck;).

 

I wish you luck Zooman xxxxxxxxxxx

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VERY BEST OF LUCK , Manolo. You will be just fine, hope you get RESULT...Good one would be if they don't turn up!!! Will follow up how it went....

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Sorry Zooman, Best of Luck also

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Good luck Zooman, i hope we both win!!!! x

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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still no reply from anyone in Scotland who has apparently been this far..? Are you the VIRGIN, Manolo!!!???

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Think I might be... lol. Might be able to make things easier for people in Scotland if I win, or should I say when I win!!! 12 hours to go! Yay

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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Good luck and try and sleep tonight.

Please update us as soon as you can - I will be thinking of you in the morning.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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good luck manolo im also in scotland and dreading it geting to the courts

NatWest Account Opend

 

My Accounts

--------------

 

BoS

Sent Data Protection Act request - 5/7/06

Abbey

Sent Data Protection Act request - 5/7/06

Sent preliminary aproach for repayment £532 - 22/7/06

LLoyds Tsb

Sent Data Protection Act request - 5/7/06

 

Capital One

Sent Data Protection Act request - 5/7/06

 

Any advice and opinions of mine, are offered informally, without prejudice and without liability and some times not always correct use your own judgment and seek advice of a qualified insured professional if in any doubt

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good luck ...... doubt you need it. remember the court will know that you have no experience with court proceedings ..... anyway i think they will pull out at the last minute, and if they want you to sign a confidentially agreement then chage them ...

 

good luck, post back as soon as you come home.....

 

lisaxx:D :D :D

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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good luck tomorrow, sounds like you are well prepared.... take it easy.

I will not be held liable for any advice/comments given... if in any doubt please consult professional advice.

 

HBOS Acc1 - Small Claim Filed 31/07/06 - WON -21/8/06 - MCOL -06/09/06 - WON 13/09/06

 

HBOS acc2 -Small Claim Filed 02/08/06 - WON 13/09/06 - Round 2 Prelim Letter sent 14/09.06 - LBA sent 27/09/06 - MCOL 16/10/06

 

HBOS acc3 Prelim Letter sent 14/09/06 - LBA sent 27/09/06 - MCOL 16/10/06

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Hello manolo.

 

Sorry I didn't see your thread earlier, it's only just come to my attention tonight.

 

So, it looks like you're off to court in the morning. DON'T PANIC. Firstly, you can expect them to turn up. They won't have sent a lawyer up from Swindon, or wherever, they will have sent detailed instructions to a local solicitor who attends that court regularly. Secondly, the hearing tomorrow is just a procedural one where the shriff will make sure that everything is in order for the case to proceed. This means that he/she will be checking to make sure that it is in the correct court (small claims), and that your claim is legally correct. He will also be making sure that the other side is ready to proceed. Finally, he'll try to persuade both parties to settle out of court. YOU WILL NOT be getting in to the nitty gritty of the legality of bank charges tomorrow. That will come later, if the case proceeds.

 

It's interesting that they're defending at all, frankly. Which court is it in? If it's anywhere near Dunfermline I might come along. My guess is that there's something in your claim form which makes them think they can get it chucked out. Alternatively, they may be trying a new scare tactic of literally taking it to the steps of the court. In either case, take heart form the fact that it won't actually cost you anything to find out. It is possible that they won't turn up, but the fact that they've not written and offered to settle suggests that they will.

 

When you do get to court, make sure you're on time, and go to the toilet before you go in. In the past I've nipped out for aminute, and in that time my case has called and been dismissed because I was a 'no show'. If your luck is anything like mine your case will be one of the last to call, which means you'll get to spend an incredibly tedious day in the public gallery waiting for your case to call.

 

When you case does call, bear in mind that the sheriff is supposed to help you with your case, since you're representingf yourself. Whatever you do, don't interupt anyone while they're speaking - especially the sheriff. This seems to really wind them up for some reason. The other side will be doing everything they can to get your case dismissed, and they will have been given comprehensive intructions from the bank's lawyers, so you'll need to play it by ear. In a nutshell, you need to stick to a very simple message: "The bank's charges do not represent their actual costs for going overdrawn, therefore they are not recoverable". If their lawyer tries to suggest othewise, your only response should be "Prove it". There is nothing unreasonable about your case, and you are entitled to have your day in court. Do not let anyone tell you otherwise. :)

 

Good luck.

 

I'll stay up for a while longer just in case you feel you want to respond to this.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Hope it goes your way. I am sure it will. I'm another Scottish claimant and extremely interested in their new approach. They cannot prove that their charges are lawfull. You are firmly in the driving seat. Don't get sidetracked from that issue.

 

Robert's advice above is good practical advice, but if I had offer some, it would be to listen much more than you talk.

Bank of Scotland

Letter asking for Statements - 24 Apr 06

Recieve Some Statements - 29 June 06 (rest recd. on 18th Jul)

Planning claim - 30 June 06

Preliminery Letter Sent 3rd July 06 - claiming £4143 (recorded delivery)

Standard letter recieved - no offer - 13 July 06

LBA sent 18 July 06 (signed for on 19th)

Recd. phone call 21st July 06, offered £210 then £600. Refused.

Moneyclaim Online submitted for £4398 (11th Aug 06)

Letter rec.d informing of full reimbursement within 5 days (23 Aug 06)

 

MBNA Credit Card

Planning claim - 2 Jul 06

Letter asking for statements sent 3 July 06 (recorded delivery)Preliminery letter sent recorded 8th Aug 06

Sent LBA 22 Aug 06

 

Applied for RBS parachute account - 3 July 06

More details needed, posted current statemets - 12 July 06

Account open - 14 july 06

 

 

 

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Thanks Robertxc, it is Aberdeen sheriff court, though its interesting that you are in dunfermline, I am moving there in a weeks time. Thanks for telling me that this is just to make sure everything is sorted, going to quickly prepare a mini brief for that and I am going to take all my other information just in case. Away to do that now and then bed. Will check back before I head to court, and then will post as soon as I am back. Thank you once again. x

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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Good luck today manolo, we all have our fingers and toes crossed for you. By the way,

You'll Win:D

BOS Prelim : 19/06/06 Owed : £382: offered £90.LBA sent 02/07/06, Delivered: 04/07/06. Offer increased to full £382 but with condition. Settled 4/11/06.

Data Protection Act sent to BOS CC : 19/06/06. Acknowledged : 03/07/06 Statements Received : 11/07/06 owed £845

Statements received for closed BOS account: 27/07/06, Owed £2596.52

First claim on closed BOS account now started - £735 Prelim received 7/11/06 LBA sent 5/12/06, Offered Full £735 but with conditions. Claim filed 22/01/07

CapitalOne-£1247, settled in full.

LloydsTSB- £910, sttled in full.

 

LET BATTLE COMMENCE

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go girl....... dont worry all will be fine!!:D :D :D

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Manolo - you sound so composed and so ready! Great advice from Robert - just watch the way Judge Judy reacts when someone speaks over her!!!

 

I won't be back until late this afternoon, and I am sure you will have posted by then. Hey - we might see you on the news before we hear from you!!

 

Do it for your fellow Scots, Manolo! This post will be so helpful for the rest of us.

 

"Have 'fun'"!!

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.

 

MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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Good luck - My battle with the Clydesdale starts today as I'm about to nip out and post my DP request. I fully expect and I am prepared to go the whole way with them. Fight the good fight, finish the course and keep the faith!

----------------------------------------------------------------------------------------------------------------

 

http://www.financial-ombudsman.org.uk/faq/bankcharges-quickguide.pdf

 

 

"Fight the good fight, finish the course and keep the faith"

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Ok guys I am back. Here goes,

 

And it was a local lawyer acting on behalf of Abbeys Lawyers

 

I was in a court room, like you see on tv only smaller, everyone who had a small claim was sitting in the court room and there was a big high table where the judge sat ant the end with a table infront of it for the pursuer and the defendent to stand at either side. The judge seemed a little grumpy but I was relived to see that she was being very fair to the people before me so that made me feel a bit better.

 

When my case was called I went up and stood on my side of the desk and the lawyer on the other side handed the judge their defence, (which i only got today in the post when I came back form court!!)and said that i had a contract with them under the terms and condition and that bouncing dd etc breached this contract which was why they took the money. And they said that i had failed to submitt a copy of the terms and conditions to either the court or themselves(didnt realise i had to do this, but will send them in tomorrow if someone can confirm this) and because of this they would like the trial to continue where evidence can be submitted. The judge then turned to me and said the amount i was claiming and was this correct, both myself and the lawyer agreed the amount being claimed was correct, She then asked me my view and i said that i did understand the terms and conditions however i disagreed, i think that the charges they apply to your account when you go overdrawn are far too high and not representitive of what the bank looses from me, and that i think these charges are unenforceble and punative. She then said that we were to have a further session in about 2 months time where i was to supply evedience that there charges were penalty charges.

 

And then i was free to leave, on my way out the in court advisor came up to me and said could i call her. which was interesting as she only handed out leaflets to the other people that were defending themselves.

 

All in all a bit intimidating but so glad I went and stood up against the other lawyer, made a few mistakes but not to bad since this was my first time in court. Onto finding everysingle piece of evidence i can that proves this to add to what i have already got.

ABBEY Total £1277 First Claim £687 hearing date 6/7/06

BOS Total £1069

RBS 3/7/06 Statments arrived

NW Waiting on Statements Data Protection Act UP!!

SENT NON-COMP 28/6/06 sent letter to Data

Protection Act manager

 

Total £2286

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