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    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   So, 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. Took 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 assit. 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, shouldnt 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 couldnt afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is mininum they can possbily 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 basically 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, your 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 dissatisifed i was with general customer service and felt they were incompentant, 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 basically 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 strugglling. 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 viscious 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 reccomend (not policy) that if a customer is put onto a payment holiday then they reccomend freezing interest for customer so the debt doesnt 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 appreicated.   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
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Big Pants v. First Direct. **WON**


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Signed up and sent my DPA request letter a few weeks ago, but didn't want to start a thread until I found out how much I was owed. Oh that I could go back 25 years and sue NatWest for my student years. I graduated (in '89) £10k overdrawn - of which I reckon more than half was charges & interest :mad:

 

Anyway, it transpires that over the last 6 years First Direct unlawfully charged £1668.50 to my sole cheque account, and £999 (which would be amusing if it wasn't so annoying) to our joint account. Both these sums are net of any interest - though if it goes to court (please God) there's an additional £766 at the 8% statutory rate.

 

But I have a question. I was always overdrawn. Each of these charges therefore cost me additional interest, to which I believe I am entitled as I can prove the fact (given that I was always overdrawn :eek: ).

 

How please, should I go about claiming that interest by quoting it in my prelim letter? I'd really appreciate a steer.

 

I also intend to claim for both accounts in the one letter, which seems to be common practice in the few cases where more than one account is the subject. Again, does anyone know any different? Please?

 

I can't thank CAG enough for the uplift this has given us - I like to think I can manage my money now, but it took me years to learn. The punitive effects of illegal policies like these only exacerbated the cost and misery for me. Nice to think we should get some back.

 

And I'll happily send 5%. God knows we could use every penny, with two kids 'n'all, but helping fund others to get what's theirs is a reet righteous result.

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FiveLaws very kindly pointed me back in the direction of the spreadsheets created by the wonderful Vampiress :p

 

Don't know how I missed what I was looking for first time around, but was happily able to calculate an additional £465 in interest charges that I had to pay as a result of the illegal fees being levied against my accounts.

 

Hence, this letter goes in the post today. Do let me know if you spot any issues.

 

moz-screenshot.jpgThe Big Pants Monkey House

 

First Direct

40 Wakefield Road

Leeds

LS98 1FD

 

 

29th July 2006

 

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBERS: 12345678 and 87654321

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my accounts over the last six years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my accounts. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly flabbergasted that you have operated my account in this way, as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £1668.50 plus £396.93 which you have charged me in overdraft interest for the sum which you have taken from my account 12345678: Total £2065.40 .

 

Additionally I calculate that you have taken £999.00 plus £68.81 which you have charged me in overdraft interest for the sum which you have taken from my account 87654321: Total £1067.81

 

In total I calculate that you have taken £3133.21 unlawfully from my accounts over the last six years alone, which I would request you return to me.

I enclose a schedule of the charges which I am claiming with this letter

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully

 

He of the Big Pants

 

It's cross yer fingers and wait time now...

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  • 3 weeks later...

No response barring the standard "here's a leaflet" and "we'll get back to you within 10 days" (which they didn't), so LBA sent today. With the closing paragraph "First Direct, I'm surprised and disappointed. Shame on you."

 

Hoping to reach closure on this around the end of the month. Fingers crossed.

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So. A letter yesterday from John Ruane. "Confident of their position... blah blah...

...However, mindful of management time & irrecoverable legal costs (yeah, they are irrecoverable when you lose, aren't they?)... Prepared to make a payment of £2112 in full & final...etc" This against a claim of £3133.21. Dream on, John.

 

So far, so exactly as laid out in these wonderful forums. I have been invited to escalate my concerns, so will be dropping Robert Kernaghan a note shortly :rolleyes:

 

Can't wait to file the MoneyClaim. The 8% interest would be extremely handy.

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  • 5 weeks later...

OK.

Should I now be concerned?

 

FD wrote to me a while back offering £2112 in "full and final" against my claim of £3133.21 + interest.

 

Sent back a "thanks but no thanks" response, reminding them of my timetable for action, which crossed in the post with another offer from them of the same amount, which stated that this would be their final communication on the matter.

 

Filed Moneyclaim on September 5th, and received notice from the court that DG Solicitors intend to defend the action (dated 13th September).

 

Can't find too many cases similar to mine, and I'd be really grateful for any guidance or reassurance others might be able to offer. I'm beginnning to wonder if I fouled up somewhere, though I don't believe I have...

 

Can anyone lay my fears to rest?

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  • 2 weeks later...
Thanks for the support. Much appreciated.

 

So you think they'll still make an improved offer before it gets to court?

 

Have they settled yet, just interested to see hwo it all went.

Haven't seen too many posts of settled claims recently?

I love the smell of banks coughing up refunds early in the morning

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It all happened yesterday, but I've been too busy (and too depressed at the overall state of things) to post.

 

Yep. All is settled - so I must email the mods and also send my 5% with grateful thanks!

 

£3310.99 refunded in illegally taken charges (after much arseing about and an unfeasible delay in crediting my account). Strangely there was no comment from the solicitors on my suggestion that we discuss confidentiality as a separate commercial agreement at £5000.

 

One in yer eye for the banks' dodgy behaviour - despite their professed confidence if it did go to court.

 

So stick with it everyone. You can do it.

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Just to point out the charges are unlawfully taken, not illegally, there is a big difference

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Just to point out the charges are unlawfully taken, not illegally, there is a big difference

 

My apologies. Recognise the difference in legal semantics - poor choice of words on my part.

 

Nevertheless...

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Big pants, might I know you from another forum of the wedding kind?

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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Waaaah! Sorry! I got you confused with a big pants that was on a wedding forum at the same time as me when I was getting married!

 

 

 

If I wasn't married, I might proposition you ;)

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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