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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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CBS Transcom - Arrow Global - Cope's - NOTICE OF DISCONTINUANCE!!!


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Just a quick question that has just occured to me, because I sent the CCA and CPR requests by guaranteed next day delivery do I need to add postage time? I know that this seems like a stupid question but it will be 14 days on the 18th Nov since they received their relevant requests!

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Hi MM

 

No just assume that they got the requests the next day.12+2 working days on the CCA and just wait for the deadline stipulated on your CPR request.

 

Regards

 

Andy

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Start to prepare your holding defence for submission.I knew you would not get a response re the CPR as for the CCA well the Claimant is now in Default and that will fit nicely into said Defence.:)

 

Regards

 

Andy

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Hi MM

 

Can you post the details of the Claimants P.O.C (particulars of claim)type out verbatum if ness.Difficuillt to prepare an holding defence without knowing what they are claiming;)

 

Regards

Andy

We could do with some help from you.

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In the Northampton County Court (CCBC)

Claim number XXXXXXX

 

 

 

 

Between

Arrow Global Receivables Manag Limited - Claimant

And

 

MM- Defendant

 

Defence

 

 

 

 

  • I, XXXXX of XXXXXXXXXXXXXXXXXXXX make this statement as my defence to the claim brought by Arrow Global
  • The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system
  • No documents supporting the claims in the particulars have been offered nor have any dates of agreement or account numbers been stated which the defendant needs to establish what agreement it is that this action is based upon
  • Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit
  • Further to that above 4paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed …………………

 

Date

 

 

 

 

 

Dear Sirs

 

 

 

Please find attached a copy of the defence by way of service. A copy has been served to the court.

 

Despite a request for clarification of matters , you have failed to comply, accordingly I am unable to plead to the case as matters stand

 

Please serve amended particulars of claim and plead your client’s case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. In addition to this I would ask that copy of the default notice and assignment together with proof of service be served with the amended particulars as they are clearly relevant to your clients case and referred to with in the claim .The matter will be transferred to my home court and the claimant will have to produce the documents, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton County Court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

Regards

 

 

XXXXXXX

 

 

 

 

Heres a doc that i have used quite successfully, it is an interim defence that you can use

 

the letter above should be sent to Copes inviting them to plead their case effectively and if they do not in the time frames set out then make an application before the court to ask that the court strike out their case

 

I will post up a draft application shortly that again was used to good effect recently

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Pt2537

 

Shouldn't the defence have an extra line to ask the court for permission to lodge an amended defence if the claimant produces the documents?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Pt2537

 

Shouldn't the defence have an extra line to ask the court for permission to lodge an amended defence if the claimant produces the documents?

 

Not necessarily,

 

Simply the tactic here is file a basic defence, then after the 7 day period given in the letter expires make an application to the court to have the case struck out or in the alternative if the court does not consider that just, then an unless order compelling the other side to file an amended pleading with permission to file an amended defence in reply

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Thanks Paul. I fully understand.Excellent

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hi MM

 

Can you post the details of the Claimants P.O.C (particulars of claim)type out verbatum if ness.Difficuillt to prepare an holding defence without knowing what they are claiming;)

 

Regards

Andy

 

Andy, here's the P.O.C (sorry I typed them in)

The Particulars of the claim say the following;

1. The claimant is assignee of the debt from MBNA Bank (Europe) Limited ("The Assignor") The claim represents the balance of payments due under a loan agreement made between the assignor and the defendant regulated by the Consumer Credit Act 1974.

2. The agreement provides for:

Payment for equal monthly installments; and

in default the assignor may recover the balance of the principal sum: and

all charges provided for.

3. In breach of said agreement the defendant failed to make payment or comply with a default notice served by the assignee the agreement was terminated accordingly.

4. The balance payable by the defendant is £xxxxx, which is claimed together with costs.

 

The claim for has been issued by Northampton County Court Bulk Centre, and the claimant is Arrow Global LLC, and the address for sending documents and payments reads Cope's Solicitors.

 

Heres a doc that i have used quite successfully, it is an interim defence that you can use

 

the letter above should be sent to Copes inviting them to plead their case effectively and if they do not in the time frames set out then make an application before the court to ask that the court strike out their case

 

I will post up a draft application shortly that again was used to good effect recently

 

Thank you so much pt2537, I am truly grateful for all of the help and support that I am receiving from all on the site.

 

Just to clarify, do I send the two letters (court and cope's) out recorded delivery?

 

Thanks again

MM

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Thank you so much pt2537, I am truly grateful for all of the help and support that I am receiving from all on the site.

 

Just to clarify, do I send the two letters (court and cope's) out recorded delivery?

 

Thanks again

MM

Hi,

 

I believe a friend has spoken to you with regards to this case.

 

The defence i posted is part of a wider strategy where the other side fails to put together an adequate statement of case

 

the letter is for Copes inviting them to enter a correct statement of case which adequately pleads their case . you should send the court the defence listed and also send a copy to copes with the letter above

 

after seven days have passed then you should make an application to have the court look at their case and order the necessary adjustments

 

we recently used an application against there people to good effect which i am sure you are aware

 

I have been unable to find the application that i drafted for my friend so i have asked them to forward you a copy direct.

 

I realise that the forum rules do not allow in normal circumstances for things to be done in private however due to the fact that the person concerned is still involved within proceedings we are unable to post details on this thread

 

as i said though i understand that you will be given a copy of said application to deal with this

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Hi,

 

I believe a friend has spoken to you with regards to this case.

 

The defence i posted is part of a wider strategy where the other side fails to put together an adequate statement of case

 

the letter is for Copes inviting them to enter a correct statement of case which adequately pleads their case . you should send the court the defence listed and also send a copy to copes with the letter above

 

after seven days have passed then you should make an application to have the court look at their case and order the necessary adjustments

 

we recently used an application against there people to good effect which i am sure you are aware

 

I have been unable to find the application that i drafted for my friend so i have asked them to forward you a copy direct.

 

I realise that the forum rules do not allow in normal circumstances for things to be done in private however due to the fact that the person concerned is still involved within proceedings we are unable to post details on this thread

 

as i said though i understand that you will be given a copy of said application to deal with this

 

Thank you pt2537

 

Just one question, I see from the letters that you posted that I am required to sign the letter to the court but if I send a copy to cope's do I sign it or just type my name?

 

Once again, I really can't thank everyone enough for all the help.

MM

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Thank you pt2537

 

Just one question, I see from the letters that you posted that I am required to sign the letter to the court but if I send a copy to cope's do I sign it or just type my name?

 

Once again, I really can't thank everyone enough for all the help.

MM

 

the letter to the court is called a Defence, it is a requirement of the CPR ( Civil Procedure Rules) Part 22 that there is a signed statement of truth in the Defence therefore you must sign the Defence, otherwise you will be prevented from relying upon it at the hearing

 

 

however, when you are sending a letter to copes you are not required to sign it

 

but you must sign the Defence when you send them a copy

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Thanks pt for your help.

 

I posted the defence to the court on the 25th November and the letter to cope's at the same time. I called the court earlier and as of 1pm today they say that they haven't received it. I will try and call again later as I am a little nervous that it hasn't arrived.:eek:

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I am doing this for myself as well as others (in case anyone is interested), the court received my defence today the 28th November and say that they have now processed it.

 

So, if I have got this right cope's now have until next Friday to ammend their claim. If they don't, then what next?

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You would have to seek the Court's intervention with an Application.

 

Using form N244, you would ask that the Court - if it agrees that their Particulars of Claim were poor - strikes the claim out or, in the alternative, orders that they serve an amended PoC.

 

It's what might be described as an "either - or" order!

 

From experience, we would say that a Judge would agree with you in such an application, the most likely outcome being that he orders them to amend, rather than strike out.

 

For anyone who would normally have to pay the fee, the cost of such an application is £75 I believe. If the order is given, you are effectively the "winning party" is this little exchange and costs would be awarded in your favour - that being the £75 you paid for this, plus any loss that you can show you have borne (for instance loss of earnings for attending the court).

 

I believe that, when representing yourself, a Judge could award you up to 2/3rds of the figure he would estimate a Solicitor to charge for this work. Depending upon location etc etc, you might expect that to be in the region of £150 - so costs could be around £100 (plus the £75 fee).

 

Both the amended PoC and the costs will have to be settled/served within 14 days (typically) and then you would be required to submit an amended Defence withing a further 14 days...

Edited by jonni2bad

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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For reference, the Court hearing to decide this little part of proceedings would be held in a quite informal setting, one of the rooms at your local County Court, where a Judge would sit at the head of a table and each party (if they can be bothered to also turn up!) would sit close by on either side.

 

The Judge, who would typically be wearing just smart clothing (rather than, for instance, a gown and wig that you might see in a Crown Court) would run the show and direct each party to answer questions or put forward any points. It is generally described as a relaxed setting and not something that should put anyone under pressure etc.

 

If both parties attended the hearing, the Judge would listen to the other party, read your application and decide upon the basis for the next course of action that he sees fit, given the 'evidence' put before him.

 

I know of someone that had a similar experience a few months back and they told me that it was quite straight-forward really.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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They will probably try to stall you with a letter saying they've requested documents from their client.

 

You'll get used to their attempts to evade the burning issue!

 

Proceed with your timescales, never theirs. If they fail to respond adequately to your demand then slap in an Order. I suspect they'll pay a slight bit more attention to that ;)

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Watching with interest, goodluck!

Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

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Yup totally spot on J2B

 

the more people make reasonable applications asking for the information which should have been pleaded in a proper claim and the more costs they get awarded against them, then the better as it will make them realise they should follow the proper rules and not cutting corners as we often see on here

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MM

 

Be prepared. The court will set a time to hear your application. Arrow are quite likely to ignore everything you send to them but turn up on the day with all the documents. They will either hand them to you at the hearing or more likely send them to you to arrive on the morning of the hearing.

 

If you don't turn up, (thinking they won't attend because they have ignored you, )they will ask for summary judgment on the slimest of 'evidence'.

 

If you do turn up, they will ask for an adjounment to try to reach a settlement. Most judges will grant such a request.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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This would be a hearing to decide if the Claimant's case is either struck out or, in the alternative, amended. It wouldn't be to decide upon the facts of the case.

 

If they provide the correct paperwork (and presumably amend their PoC) then the order would not need to be made, but the Defendant could then still claim costs and would be able to argue for time to amend their defence.

 

What experience we do have of Copes suggests that they won't attend this hearing.

 

If this all proceeds to a full hearing, that's entirely another matter, but one which would be addressed depending upon the paperwork that they do or don't find...

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Right guys, I have had absolutley sod all of the requested paperwork back and the 7 days were up yesterday, but I gave it until today (just because the post around here is rubbish at the moment:roll:)

 

So now I need to do the N244 form ready to put into the court on Monday morning, any advice would be welcome, as always.

 

Thanks in advance

MM

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