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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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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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Let the games begin !!!!!!


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Having studied the various Bank Action Group forums for a week or so, I have been given the confidence (to know what I'm going to be talking about) and now pursue my bank for MY money back !! Just phoned Abbey to get them to send me my statements for the last 6 years and they are (alledgedly) going to send them without cost !!!

A big thankyou to everyone who has entered info/stories on these forums, you have given me the confidence to try and reclaim what is MINE.

Goodluck to everyone. Up the B.A.G brotherhood !!!!

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Welcome.

 

Keep us posted.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Just a quick note for you disgruntled Shabby National customers, if you want a bit of a laugh.

If you get chance, go on to http://www.aboutabbey.com, click on OUR POLICIES then go to HOW WE DO BUSINESS and have a read of Lord Burns' (Shabby Chairman) 'HOW WE DO BUSINESS,A STATEMENT OF ETHICAL PRINCIPALS' Brilliant comedy, I thought.

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Goodluck to everyone. Up the B.A.G brotherhood !!!!

 

There are lots of sisters here too, you know.

We are just The Bank Action Group

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  • 7 months later...

Hi,

The story so far,

I sent the DPA request, taken from the templates, to Abbey (recorded delivery) on 23rd October, I have just received the following letter from Abbey.

 

'Thankyou for you letter dated 23rd October 2006, which we received on 27th October 2006 requesting information on your bank account.

although arrangements have been made to send you the last fourteen months of transactions in the form of duplicate statements, most transactional information between 2000 and 2005 has been archived onto microfiche and is not available on our computer system. Please note that there is a fee of £10 for the provision of this information, and we are unable to deal with your request until the fee has been received'

 

They then went on to inform me that they keep no records of any manual intervention. They also enclosed an Authorisation Form for the £10 charge, even though my original DPA request letter gave them permission to deduct £10 from my account for this purpose.

Does this 'microfiche' story mean that I won't receive statements between 2000 and 2005 ? and does the 40 days keep running from the date of my original DPA request letter,or when they alledgedly received it or from when Abbey deduct £10 from my account.

 

Can anyone give me any help or advice ?

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This is a standard delaying tactic, and it is why we advise that you should send the payment with the DPA request letter. Unfortunately the regulations state that the 40 days starts from the day the application, and the payment, are received.

 

I would advise you send the form back by recorded delivery.

 

The Information Commissioner has ruled that their microfiche system is covered by the DPA, so they must provide the full six years within the 40 days - although, you will probably get the last 14 months come through earlier.

Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

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It's just a blatant lie !! My wife used to work for Abbey and say's they're talking cobblers.

Why o why can't something be done about this lying, is it not a criminal offence to gain money dishonestly?

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Just a small point you can get back all of your data, ie more than six years assuming that the data is on a relevant filing system.

 

Phatram, something has been done, the ICO has said they're system is relevant.

 

If the abbey send out fiche letters to anyone after the decision by the ICO then the individual who received it should complain to the ICO and send them a copy.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Thanks everyone,

I've just posted the authorisation form for £10 to be deducted from my account.

I also pointed out that their microfiche system IS covered by the Data Protection Act and so have 40 days from Monday 20th Nov to comply with my request.

Thanks again for you help !!!

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  • 4 weeks later...

I have received 6 years worth of statements yesterday from Abbey. However, I am struggling to work out, how to calculate the interest. Can anyone give me any assistance or any simple solution/formula how to do it.

I have had a look at the spreadsheets re.interest calcs but I'm still struggling !!!

Any help would be appreciated...... Thanks

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Hi, dont worry when i first looked at the spreadsheets i didn't have a clue either but it is actually fairly easy. if you just input your charges in the penalty charged column the interest works itself out automatically. if you need to add any refunds to your schedule just use a minus in front and it will calcualte it automatically for you. have a little play and you'll see what i mean.

 

good luck!

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I sent Abbey the letter requesting my charges refunding (totalling just over £2000 inc interest) and giving them 14 days in which to "respond positively". I have just recieved their reply saying they believe the charges to be fair and if our relationship continued to deteriorate they would consider closing my account.

Am I to assume this is their way of trying to frighten me to go away ??? I believe my next step is, once the 1st 14 day deadline is up, to send them the LBA giving them a further 14 days to reconsider before I start court procedings ? Is this correct ?

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I believe my next step is, once the 1st 14 day deadline is up, to send them the LBA giving them a further 14 days to reconsider before I start court procedings ? Is this correct ?

Yes, the entire process is explained here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=31460

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  • 3 weeks later...

The story so far:

Statements received

16th December: Request to refund charges sent

 

19th December: Reply from Abbey stating that the charges are valid are not 'unfair' and will stand and if they feel the 'customer relationship has broken down completely' they may close the account.

 

5th January: 'Letter before action' sent to Abbey giving them 14 (more) days to reconsider before I take further action without any more notice....(Am I correct in thinking this LBA is very similar to the request for charges refunding letter ??)

 

8th January: Letter from Abbey saying they are sorry I didnt receive their letter (above 19th Dec) but here's another copy (exactly the same as they already sent).

 

Is my next step to do nothing until the 2nd 14 days expires then start the court proceedings ?? I think I'm understanding the correct procedure but just want to make sure.

Paul

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Hi Browny.

 

Yes stick to your timetable. The banks try to put you out of step by timing their responses in this way.

It's part of their attempts to intimidate you into giving up your claim or settling for a lower figure.

 

Just stick to the correct procedures and you will get your money back.

 

Good luck.

Regards, Rooster.

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  • 2 weeks later...

Hi,

I'm just completing my N1 Claim form and appreciate some advice please !

It all seems pretty straight forward but just wanting to check that the Defendants address I put (Abbey) is the same address as i've been sending all previous correspondence to (ie my main branch)..or is it their national headquarters that I should list as their address ?

Thanks

Paul

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Thanks !!

Please HELP.....again !! In the 'Value' section of the N1 form.

I'm not sure what to enter under the Overdraft interest section..Can this just be included in the s.69 county courts act 1984 (interest accrued through the charges) section ?? Some of the charges listed on the statements refer to unauthorised overdrafts....is this what the overdraft interest section is referring to ??

Paul

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Hi everyone,

I hope someone can help !!!!!!

I'm just filling in my N1 court claim form vs Abbey and I'm just wondering if I have to add a solicitors name where it asks ( I havent got one, so do I need to get one ) ?

 

Im also unsure as to whether the interest under s.69 county courts act is refering to the 8% per year interest ?

 

Please help,

Paul

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Hi Browny.

 

For guidance on N.1 form, click on this link.....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Section 69 interest is the 8%.

 

Regards, Rooster.

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Thanks for the quick reply Rooster. Sorry to be a pain in the ass, but I can't find anything about what to put in the "solicitors name" section. Should I just enter N/A....as I assume if it gets that far I'll be representing myself ?!?

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Just leave it blank, or write "Litigant in person"

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