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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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CCa 1974 and credit cards


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Got a letter from lloydstsb DSAR dept today ..they wil be pleased to supply the information i requested and will be with me by 2nd Jan 10 so i will wait and see what turns up!! hopefully someone will then be able to advise me what to look for and what to do next about the default notice discrepancies. Thanks

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Hi I hope all of you had a happy and peaceful christmas ..

I have now recieved my SAR from ltsb Could someone now help me as to what information i am looking for in it. The pack contains:

call log back from 13/01/09 to oct 09 when assigned to allied

memoline transcripts

guide to credit scoring

uptodate statement + payments made from aug 2008 - june 09

statements from jan 04 to may 09

card holder guide to A395 report !!

screen shots of address info, employment, ect

and other sheets with various details of name on card allon works excell sheets

Edited by jayjay11
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yes i am but i have not had a chance to update myself with stuff so i will get back to you later.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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Hi I hope all of you had a happy and peaceful christmas ..

I have now recieved my SAR from ltsb Could someone now help me as to what information i am looking for in it. The pack contains:

call log back from 13/01/09 to oct 09 when assigned to allied

memoline transcripts

guide to credit scoring

uptodate statement + payments made from aug 2008 - june 09

statements from jan 04 to may 09

card holder guide to A395 report !!

screen shots of address info, employment, ect

and other sheets with various details of name on card allon works excell sheets

 

You're looking for anything that is going to help your cause - default charges applied that may be recoverable, account notes that support any challenges you are making, details of any standard letters that have been generated on the account including Default and Termination notices, etc.

 

It may be like a needle in a haystack, but that haystack needs reviewing with a fine tooth comb. :)

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Also is this everything they have sent you as there seems to be plenty of paperwork missing like a CCA DN TN letters they have sent you, transcripts of telephone calls etc.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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they are only obliged to send the INFORMATION not the actual documents (although some do send the agreements)

 

they cannot send copies of DN and TN because (as a general rule) no copies of these exist- merely a computer entry that they were generated on aparticular date

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then how can they say the DN or TN was actually issued. Just cause a comp says it was done does not mean it was.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I'm afraid that's just one more of the one sided nature of this business

 

however the up side is that although the guys doing the debt collecting might not be averse to telling a few porkies and distorting the facts, the staff who update the computers all day long don;t and it is unlikely they could be persuaded to either

 

thats why SAR's are best left until dn and TN at least (if not assignment) so that alot of the bullsh*t can be disproved

 

the computer record of when the DN or TN was issued is generally accepted by the courts as accurate but the computer cannot testify as to when the DN or TN was served or by what means

 

This requires human testimony

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Thanks for getting back ... ive had a look through and they have sent a copy of the same appliation form and the t&c's (with ref to other sections not in the document) stapled to it!! but if im correct in thinking the most important front to get them on is the dn tn point now there log shows the letter they term as formal demand sols issued in Jan 09 and then dn issued in june and another formal demand sols later in June There is nothing showing a dn prior to the demand in jan only a letter in with statements that says they are obliged under cca 1974 to sent the letter due to missed payments this NOTHING like a proper dn so nt if they do call it so its def faulty Am i right to asume the dn tn front is best to challange them on ??? if so i write and point out or just wait to see if they issue a claim???

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Hi DD the first demand is at post 71 and then dn at post 98 then an identical demand sent in may Here is the letter that came in with the statements http://i375.photobucket.com/albums/oo194/jayjay1105_2008/07-01-2010131521.jpg[/img]]

 

ok, you can forget everything after the letter from the sols in post 71 as this is a termination.

 

however the letter does refer to a dn. have you had it?

 

hopefully you have

 

its awkward if not since the court may well take their word if they show a computer screen print out showing it had been issued

 

however in this case the fact that they sent a second one in JUne could be used to argue your case that they did not send the first one and were trying to recover their position

 

you really need to double check through the SAR

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ah then you now need to dig out your copy of your reply to that letter in which you acknowldge and accept their unlawful rescission;);)

 

it should be easy to find i would think- it will be dated around a week or so after the date of theirs - just to help you through your files

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ok i'll look that copy out i have them all in a file. On their log they have a letter symbol to show letters sent /recieved. i sent on 26th there is one howing on 29th , must be when they received it :cool:

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Here is a copy of the text of that letter dated 26th Jan

 

Dear sirs

Further to my letter of 17th December 2008 asking for disclosure under The data protection act, and fee of £10. I note that no reply has been received to date and was surprised to receive a letter from you dated 21st January making a demand for the full balance and termination of the alleged contract , whilst this account remains in dispute. Although I accept your termination of the account, on taking advise, I believe this is not lawful, and would ask for your compliance with the Subject Access Request dated 17th December 2008 in addition to my requests for a true copy of a properly executed agreement. I look forward to your reply.

They then sent the incomplete sar on 30th Jan maybe in responce to the above ..

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sounds too easy I have read up on the principals of faulty dn's and resession of contract but how much of a 'bang' do i get and what is my next move!!! or what do i expect to happen next

Edited by jayjay11
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they will ignore and not accept that the DN is faulty (if they do a star will appear in the east)

 

they may or may not take you to court- more likely they will flog the debt off

 

if they do take you to court its more or less a dead cert that they wont get past first base, and hopefully having initially tried to intimidate and test your resolve by issuing the summons

 

You in return will lodge an embarrased defence and then write to them outlining why you will lodge a strike out application if they do not accept your offer to discontinue without costs

 

if you do this before aq's which means the case is trackless, they must then make a judgement call as to whether they want to risk your costs in making that application as this is a step past the dummy spitting stage they will think seriously about their actions

 

if the DN is well faulty -then even with the judge lottery they would be on a hiding to nothing

 

its all a big game , innit!!

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Thank you DD for outlining so clearly what may happen So it looks quite good that i may win this one I will keep my resolve throughout and post up any further progress hopefully very helpful members on here will guide me through what transpires Thanks

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Thank you DD for outlining so clearly what may happen So it looks quite good that i may win this one I will keep my resolve throughout and post up any further progress hopefully very helpful members on here will guide me through what transpires Thanks

 

it is well known that most of the "losses" suffered by LIP's to lower court unkowledgeaable and/or biased judges is due to the LIP not being SURE of the arguments he is putting forward and the authorities for his propositions or to knock the other sides

 

It's all down to read read read read and more reading i'm afraid

 

if you can box a crap judge into a corner with your legal arguments and show confidence in what you are arguing he is far less likely to stiff you

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Hi all its been a while but TSB wrote to say that their agents were unable to bully me to pay so they sent the account back for legal action. i wrote and pointed out that the account was terminated and enclosed my accknowlegement and the legal references from here i could find Today i got the attached reply think they have put themselves into a corner perhaps im wrong coments please http://i375.photobucket.com/albums/oo194/jayjay1105_2008/21-05-2010151344.jpg

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