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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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Egg are so far 43 days late with my CCA request


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I CCA'ed Egg on the 9th of July but to this day I have not received anything, that's 43 days since my request.

 

I sent the Letter 1st class recorded but via Royal Mail tracking, no information indicating the letter was delivered so I put in a claim with Royal Mail for a refund.

 

They have returned to me with proof that the Postal Order which was sent with the CCA request, has been Banked!.

 

Please can some one update what to do next.

 

Many Thanks

 

Mark

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I CCA'ed Egg on the 9th of July but to this day I have not received anything, that's 43 days since my request.

 

I sent the Letter 1st class recorded but via Royal Mail tracking, no information indicating the letter was delivered so I put in a claim with Royal Mail for a refund.

 

They have returned to me with proof that the Postal Order which was sent with the CCA request, has been Banked!.

 

Please can some one update what to do next.

 

Many Thanks

 

Mark

 

Well Egg have now broken the law because:

 

a) they've not responded to your CCA request

 

b) have cashed a postal order which was not meant for payment on the account

 

c) have not supplied a signed CCA which means the debt is not enforceable so they should never have cashed the postal order.

 

I think these is a follow up letter you can use?

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

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You don't have to do anything unless they or some other lowlife tries to pursue.

 

But you can send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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  • 1 month later...

I'm still waiting for my CCA request to be honoured, the follow up letter time scale of 14 working days has once again expired on the 12th Sept 09. The follow up letter was also not showing as delivered on Royal Mail track and Trace, but the orginal request was not showing as delivered either but royal mail confirmed postal order was banked so I have made a compensation claim with royal mail to see what they say about the delivery.

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Well Egg have now broken the law because:

 

a) they've not responded to your CCA request

 

b) have cashed a postal order which was not meant for payment on the account

 

c) have not supplied a signed CCA which means the debt is not enforceable so they should never have cashed the postal order.

 

I think these is a follow up letter you can use?

 

 

Incorrect, Incorrect, Incorrect.

 

There is no law that has been broken.

They have simply failed to produce a valid CCA in reply to your request within the time limits.

 

A simple Letter that cerbs has posted you, should be sent to them via recorded delivery, this then places the account in dispute and demands that they do not pursue any futher collection activity on your 'alleged' account, including marking your credit file adversley.

 

Katpuss, not responding to a CCA request is not against the law, who has said the postal order was cashed against the account?? Even if it was, again this is not against the law, and cashing a postal order and failing to supply a CCA is still not against the law!

 

I trust you mean well, but there are those who might take your advice as gospel and end up in a worse position through bad advice, unless of course you have documented evidence and links to your advice??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I'm still waiting for my CCA request to be honoured, the follow up letter time scale of 14 working days has once again expired on the 12th Sept 09. The follow up letter was also not showing as delivered on Royal Mail track and Trace, but the orginal request was not showing as delivered either but royal mail confirmed postal order was banked so I have made a compensation claim with royal mail to see what they say about the delivery.

 

So long as you have sent them the Account in dispute letter that Cerbs linked above then you do not have to do anything further.

 

The fact that you have sent all your correspondence via RD, whether it shows up or not is proof of sending, so do not worry, this is thirty more times DCA's go to tthe trouble of sending out their threatogrammes.

 

You've sent them correspondence via RD, got proof, and I assume you have a copy of what you have sent them?

 

Place the account in dispute, and wait until they either provide you with a 'legally valid CCA' or close their files.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

Send the letter in post #4 again, some idiot has pressed the wrong button on their drivel machine & sent you the wrong template letter. :rolleyes:

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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  • 8 years later...

Please can someone give me some advice.

 

Received "Letter Of Claim" from Howard Cohen Solicitors today who have been instructed by Hoist Portfolio Holding Ltd, who purchased an ex Barclaycard acc.

 

Im sure this account is Statute Barred as no payments have been made to the account or acknowledgement of the debt in the last 8 years.

 

Only problem I had was about 2 years ago when Barclays took out £700 from another account and applied it to this account, but I got them to overturn this and move the funds back to the original account.

 

I dont know what to do, pls can anyone help

 

many thanks in advance

 

M

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10/10 for getting that money back!!!

 

If its now sb'd (as that payment/reversal doesn't count) send our SB letter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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this was just for your ref in case it does end up in a formal claim

is the 'letter of claim' you mention a formal pap?

IMO

:-):rant:

 

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had to remove your images

can yo pop your images into one pdf please and attach them.

read upload

 

posting images from hosting sites directly viewable in the msg box forces people that do not have fast internet to slow

and those on mobiles to p'haps waste their bandwidth and money.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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great thanks

yes that's a PAP letter

 

when was you last payment?

 

this is what you do

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

particularly the last posts

 

obv don't request docs they have already supplied

 

reviewing the old merged thread here

I suspect this is now statute barred

you can send them our statute barred letter

in the debt collection section of our library.

 

as for your response form:

 

tick d

I dispute this debt because ...it is statute barred,

 

tick box 8

 

I have enclosed the following documents.. FCA Conc Statute barred letter

 

do not sign the letter print your name only

 

you don't need to provide proof of SB, that's upto them to disprove.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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nope

nope

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Please can someone give me some advice.

 

Received "letter of claim" from Howard Cohen Solicitors today who have been instructed by Hoist Portfolio Holding Ltd, who purchased an ex Egg/Barclaycard acc.

 

History...

16/6/2009 Received “Default Notice”

7/7/2009 I sent letter to Egg requesting the CCA

8/8/2009 I sent letter to Egg requesting if I could make token payments to the account and they accepted

20/8/2009 I sent letter to Egg informing them they have entered default for not providing CCA, I sent another letter stating this on 6/10/2009, a follow up letter on 19/10/2009 as no response.

15/10/2009 Letter from Egg stating what they sent constituted as a copy of the executed agreement (which I never received)

1//2/2010 Received another “Default Notice”

2/3/2010 Egg card terminated

4/4/2010 Finally received a response for the CCA request but only received, which seems to be an agreement/terms of conditions with my name and address printed on and pages of terms and conditions. The signed agreement was not included.

4/2/2012 Received letter from Barclaycard stating they are taking over Egg

22/7/2013 Received letter from Barclaycard informing they have passed acc to Robinson Way for collection

26/7/2013 Received letter from Robinson Way requesting payment

29/7/2013 Sent letter to Robinson Way requesting the account be returned to Barclays for resolution

25/2/2015 Barclays transferred £700 from another account to this account to set off against the balance but after speaking to them on phone they reversed the payment.

9/8/17 Received letter from Barclaycard informing me the acc has been transferred to Hoist Portfolio Holding Ltd who are the new owners

10/8/17 letter from Robinson Way stating their client (Hoist Portfolio) have instructed them to agree with me a payment plan

25/9/17 Letter (Pre-Legal) from Robinson Way stating the acc meets their criteria to be considered legal account and if no payment plan is agreed they will instruct Howard Cohen & Co Solicitors.

28/11/17 “Letter of Claim” received from Howard Cohen & Co Solicitors informing me their intention to issue proceedings in the County Court

 

Should I send the PAP form from this group stating acc in dispute as no signed agreement has been received when the CCA was originally requested?

 

many thanks in advance

 

Mark

 

(sorry for the confusion with the other thread)

jpg2pdf.pdf

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