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    • When it comes to animals my heart is just shallow. Sorry to hear that.
    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
    • Plevin is not a calculation. its a refund of commission they got as they had a backhander of greater than 50% of the PPI sum paid for selling it on behalf of the insurance company that underwrote the PPI policy.   you are after reclaiming the PPI itself. and that is what all our PPI stuff is geared too.   have you still a copy of what you originally sent though as you don't even KNOW what plevin was , how could you have ever have asked for it.!!   pers i'd write back. (you seriously need to stop talking on the phone!!) stating quite clearly that you REJECT totally their refund under the Plevin Rules. my Claim was to reclaim the PPI a paid, not for a refund of your hidden commission!!   i give your 14 days to refund inline with the enclosed spreadsheet , else i will raise a complaint without further notice to the FOS.   please reply in Writing Only.            
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Amex/Newman's (again) misplaced!


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Hi,

I appear to have posted my sad and sorry tale here: http://www.consumeractiongroup.co.uk/forum/other-institutions/201942-amex-newmans-again.html

Apologies for messing up the thread system :|

 

If an administrator could move the thread into the Amex section, I would be most grateful.

 

jb

If I'd have known then what I know now I'd probably still have messed it up!

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Hi,

I appear to have posted my sad and sorry tale here: http://www.consumeractiongroup.co.uk/forum/other-institutions/201942-amex-newmans-again.html

Apologies for messing up the thread system :|

 

If an administrator could move the thread into the Amex section, I would be most grateful.

 

jb

 

Hi Jargonbuster, I've asked the site team to move that one amex post from the thread above to this forum. Better if you keep the tsb & amex issues separate.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Thanks Shadow,

I'll probably have an MBNA thread soon too :( - I could definitely do without all the card companies operating different policies, ringing all the time and generally being a ruddy nuisance but c'est la vie when you go broke I guess!

 

jb

If I'd have known then what I know now I'd probably still have messed it up!

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  • 3 weeks later...

If anyone is reading this thread, an update:

I sent a CCA (s.77-79) request to Newman's and got a copy of the Amex 60 second application form. I sent them another letter pointing out that this was unacceptable in terms of satisfying the CCA (s.77-79) request and that they could pass it, and the fee, to Amex should they be unable to fully satisfy the legal requirements of the CCA request .

The next communication I received was from AIC (ho hum). I guess that Amex have switched collection agencies - it would have been nice to have been told so, by Amex, but that's their prerogative.

I've now written to AIC, in response to their entreaty to enter poverty by settling in full IMMEDIATELY (they do like full caps, 15 point type don't they?), pointing out the deficiency of my dealings with Newman's. I also pointed out that my CCA (s.77-79) request was outstanding (and substantially out of time), asked them to supply the details and get the fee from Newman's (encashment of the fee without satisfying the legal requirements being, inherently a breach of the act) OR pass the bloody thing back to Amex for them to do so.

 

I've now got to find MBNA and Lloyds TSB threads to recount my joys with them .....

 

jb

If I'd have known then what I know now I'd probably still have messed it up!

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  • 2 weeks later...

Hi Smouk, I'm glad not to be relating my experiences to empty ether :)

 

An update, sort of:

I've heard absolutely nothing more from AIC (ditto Lloyds TSB) and they've both gone way past the time limit for satisfying the CCA (s77-79) request - bear in mind that I instructed them to pass everything back to Amex should they find it too difficult or onerous -so, it looks like letter time again.

In the absence of advice to the contrary, I intend sending AIC, Amex and Lloyds TSB letters stating that they've broken their obligations under the CCA 1974 and, as such, can no longer expect to enjoy any benefit from the Act. The contracts, if there ever were any, have been irrevocably impaired and should be considered null and void as from 30 days from the default date for reply (they've both gone past that time limit) and that, subject to no written reasons to the contrary, I now consider the matter closed.

I'll cc everything (all written communication for each principal company) to the FSA, OFT and National Debtline.

 

Anyone got any thoughts before I apply recorded delivery stickers to envelopes?

 

jb

 

P.s. MBNA turned out to be incredibly helpful and accommodating once they'd received a letter pointing out deficiencies with their call centre (re the total inability to call them due to their lines being permanently engaged!) and had been served a CCA (s77-79) request to wake them up.

If I'd have known then what I know now I'd probably still have messed it up!

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In the absence of advice to the contrary, I intend sending AIC, Amex and Lloyds TSB letters stating that they've broken their obligations under the CCA 1974 and, as such, can no longer expect to enjoy any benefit from the Act. The contracts, if there ever were any, have been irrevocably impaired and should be considered null and void as from 30 days from the default date for reply (they've both gone past that time limit) and that, subject to no written reasons to the contrary, I now consider the matter closed.

I'll cc everything (all written communication for each principal company) to the FSA, OFT and National Debtline.

 

Anyone got any thoughts before I apply recorded delivery stickers to envelopes?

"null and void"? Whilst I agree with your sentiment there is a part of me wonders if that phrase might come back to haunt you if they ever get you into a courtroom. That there is a contract is beyond dispute - you have a transaction history - but what the terms of that contract might be is the subject of dispute. I can see a judge saying that whilst they cannot enforce, by equal measure, you cannot void - and then stiffing you for costs.

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Hi Smouk,

I hadn't thought about that and I must admit that I didn't phrase it so well. I'm not disputing that I owe a balance to Amex (and have never done so), I'm disputing the amount they claim is due since they unilaterally cancelled the credit card arrangement and account (incorrectly and in an unlawful manner).

I'll rethink the letter format and post here when I've done so. Probably something along the lines of the previous attempt but spelling out that the "null & void" I'm referring to is any changes to the contract or balances, at that 30 day cut-off point (for LTSB) or since their cancellation date (for Amex) and that their monthly share, pro rata to total debts, of my residual income is £xxx.xx which I'll pay by standing order (or via Pay Plan) from now on.

 

Sorry to ramble, I've got bad sciatica today and am full of morphine - it doesn't aid concentration let alone lucidity!

 

I think I'll lie down in a quiet room for a while now

 

jb

If I'd have known then what I know now I'd probably still have messed it up!

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  • 2 months later...

A mini (and belated) update:

 

Amex sent my account to another DCA, I wrote back to inform them that,

a) I am still awaiting a reply to my CCA (s77-79) request,

b) They may claim the £1.00 fee from Newman's and expedite the request,

c) I'm actually still paying my offered monthly amount to my Amex account & Amex have not made any request that I stop doing so (if they're even aware that I'm paying them anything at all!).

 

I've now heard nothing from them for two months.

 

Lloyds TSB - after I suggested, in June, that their "independent" collection agency, being a wholly owned subsidiary, may like to read every letter I'd sent and then talk to their legal representatives (as I had already done) and explore the ramifications of ignoring requests under the CCA disclosure provisions.

They must have done so as, this weekend, I received a letter agreeing to my offered payments.

 

MBNA - if the outstanding debt cannot be cleared in 125 monthly payments then they pass the debt to a DCA. They then offered a reduction of 40% of the total amount if I paid now. I'm about to query the ambiguity in their interpretation of "payment", as it seems to open the door to a monthly payment plan (funnily enough, almost exactly matching the offer I'd originally made).

 

Barclaycard (don't ask - they acquired the Morgan Stanley high end book. Immaculate timing there guys :rolleyes:):

They insist that, unless an offer is made via PayPlan (or something similar), they cannot and will not discuss a reduced payment plan. They keep giving me 30 day extensions. As I repeatedly point out to them, until I know what Amex or MBNA are going to do I am unwilling to set up a payment scheme, through a third party, that could be completely derailed by either of them deciding to take me to court.

 

I'll post again when (or if) I get anything more from Amex, MBNA, Barclaycard or their little helpers.

 

As an aside, Smouk, I thought about the letter approach again and decided against - thought you'd be pleased to know that :)

 

jb

If I'd have known then what I know now I'd probably still have messed it up!

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I certainly take the line that Amex can do a pretty good job of winding their own noose. Like you I find myself having to bite my tongue (often!) and then gently remind myself that Amex can only benefit from a misplaced remark or ill-conceived comment. I would keep communication to the minimum necessary to remind them that they are at fault and are deliberately avoiding their moral and legal responsibilities.

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JB,

 

I came to an agreement with Barclaysharks without involving the third parties... basically I wrote with my offer to CEO of Barclays, I had included an I&E tho. I agreed to repay more than 1% of the debt each month as that was the minimum they were prepared to take.

 

still being honored at the moment....

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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  • 4 weeks later...

Hi Shadow,

sorry for delay in replying.

 

Barclaycard seems to operate an ignore all communication unless it's via a third party (or an offer to pay now). I think that the industry, in general, operates an 125 month rule (if the debt can be cleared in 125 equal monthly payments, they'll accept it). I am unable to meet that precondition as I just don't have the income.

 

Updates to:

1). the Amex thread.

Got a stock letter from H&L Legal & Collections, working on behalf of AIC, threatening me with court proceedings within one week (from 15th Oct, 09), at Northampton County Court (only about 90 miles away!) unless I ring AIC or pay (amount unspecified but to include the amount outstanding, statutory interest (? 0.5%?) & additional costs - all unexplained but, the "Amount Outstanding" has various fees, penalties and other charges that are in dispute) and that there will be "no further warning".

Hmm, I think I'll ring H&L and point out that, a) they're muppets (maybe not :rolleyes:), b) there's still unresolved issues with Newmans, AIC & Amex, c) I'm disabled but will make an appearance at Northampton CC should they wish and be prepared to cover my travel costs.

Where's a UK version of the US RICO Act when you want it?

 

2). Lloyds TSB. Seem to have thrown in the towel and accepted my offer payments (probably couldn't find the original agreement as they've never sent it and have carefully avoided all mention of failure to comply with the CCA (s.77-79) request. Downside, it's via a paying in book with an account number that isn't recognised by other banks (7 digits rather than the standard 8) so I can't pay by standing order. I'll try and call them to find out why they seem to be trying it more difficult to pay them than before?

 

3). Barclaycard. A new letter (plus the 4 hourly telephone/mobile/data transfer sendings), in which they seem to have noticed that I'm not paying their monthly bill in full (they're adding roughly £200 p.m. in interest alone!). I'll send them a copy of the original letter from April this year plus a cover asking why they think that the guidelines for distressed borrowers don't apply to them.

 

4). Nothing yet from MBNA. Awaiting expiry of their "wait period" before they sell the debt on. Their offer of 40% off applied to a single, full and final payment which I cannot afford - rats!

 

That's it for now - due back to hospital to resume tests soon so I may become even more erratic in posting than heretofore

 

jb

If I'd have known then what I know now I'd probably still have messed it up!

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Northampton County Court (only about 90 miles away!) unless I ring AIC or pay (amount unspecified but to include the amount outstanding, statutory interest (? 0.5%?) & additional costs - all unexplained but, the "Amount Outstanding" has various fees, penalties and other charges that are in dispute) and that there will be "no further warning".

 

Hi JB, good to see you back....

 

The Northampton court is a bulk clearing centre, claims go through it but they get transferred the the defendants local court as soon as they defend. Its just a way to issue claims online and process them quickly.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hi Shadow,

Thanks for the info and welcome back.

 

I've talked to H&L - they've given up and sent the file back to Amex. They suggest that I push everything through National Debtline and get them to send my original offer through one of their Debt Admin companies (PayPlan etc.) and seem pretty sure that Amex will accept. Barclaycard have said much the same so that's my next move. At least I now feel that I can progress down that route without someone scuppering the whole lot by taking me to court.

I have to say that I feel a sense of relief that, after 6 months of fighting, things look as if they can be resolved without litigation :)

 

I'll then have to keep visiting here to see if I can help anyone else - even if it's just to give a message of support (something that I appreciated greatly and cannot thank people enough for).

 

jb

If I'd have known then what I know now I'd probably still have messed it up!

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