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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
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Hi ,

I have a Tribunal very soon .

There have been numerous issues with my dismissal but one of the many lines in my defence will be that the offence did not warrant a gross miconduct charge .

I worked on the railway so there were quite strict rules & regs in place .

The charge was a riding on an unsuitable rail vehicle and a seperate charge of getting off a moving rail vehicle .

Whilst this must seem dangerous to anyone outside the industry I would like to point out that as part of my duties I was required/permitted to get on moving rail vehicles numerous times during my working day and there is nothing unusual in doing so .

The issue they dismissed me for was the type of wagon I was on was unsuitable BUT the rule states that I can get on ANY moving vehicle IF I deem it safe to do so .

My question is that if the rules states I can get on any wagon if I feel it is safe to do so then is a charge of gross misconduct warranted when I do just that ?

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Hmm - this is one that is going to be a judgement call for the tribunal, and I don't envy them one little bit on it. My personal opinion is that I would be thinking: in an industrial situation like this the obvious test to apply would be around why this vehicle was unsuitable. If, for example, that particular type of vehicle is ALWAYS considered unsuitable to board whilst moving, then that "rule" would override the rule that you can get on any moving vehicle if you deem it safe to do so - because if the rule says it is always UNSAFE to do so, then your judgement should never override that. On the other hand, if there was a reason why this PARTICULAR vehicle was unsafe to mount whilst moving, it's more of a grey area. Then I would be looking at whether the reason why it was unsafe was particularly obvious - in other words, whether it was a lapse or error of judgement rather than one of stupidity. because whilst I can see your argument also - that the rule permitted you to mount a moving vehicle if you deemed it safe to do so, nobody in their right mind would extend this to apply to every situation in which you chose to do so if the choice was patently stupid! So mounting the London express whilst whizzing at 60 miles an hour through the station would be b***y daft in anyones book, and it would be unlikely that you could convince a tribunal that a decision on your part that it was safe to do so would ever be anything but insane! This is, in tribunal terms, going to spin on that word "reasonable" - and you know as well as I do that there is no way of predicting that one.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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PS - You weren't trying to get on the London express while it whizzed through the station at 60 miles an hour - where you ???

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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PS - You weren't trying to get on the London express while it whizzed through the station at 60 miles an hour - where you ???

 

Haha , definately not SarEl

 

The wagon in question was moving at walking pace and I got on to remove a piece of debris (part of my duties were to ensure all wagons are clean) as the wagons were part of a train due to go out on the mainline within the next hour .

As I've stated there is nothing unusual about getting on moving wagons and engines , we did it all day long but the issue is ' riding on unsuitable wagons ' which we interpret as they don't want you to be seen taking a jolly around the yard as it looks unprofessional , its not particulary dangerous if you know what your doing and I'd been doing the same job for 6 yrs no problem .

We contend that its not a violation of set down rules worthy of a gross misconduct charge due to the ' you can get on any wagon if you feel its safe enough ' rule .

We do have witnesses attending that will testify that the have received more lenient treatment for the exact same offence(same type of wagon).

The first received a verbal warning .

The second received a verbal warning for the first offence , a written warning for repeating the offence who then went on to receive a final written warning for a seperate offence and the was given a final,final written warning and downgraded for a further offence whilst still on a final warning .

Me , sacked first offence .

This coupled with the roster showing I was dismissed before my disciplnary hopefully will be enough to win my case (although there is some issues with the reporting/investigating manager that we are also questioning )

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That sounds rather better - I would have thought it would be viewed rather less seriously then. Good luck with it - if it doesn't get postponed again!

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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That sounds rather better - I would have thought it would be viewed rather less seriously then. Good luck with it - if it doesn't get postponed again!

 

They haven't been in touch so far ( 2 weeks to go) and we've heard nothing from the Tribunal Service . I'm thinking they might not turn up on the day and make out they knew nothing about the new date(s) ..... if their conduct in the past is anything to go by this wouldn't surprise me in the slightest

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Um... but if there are other witnesses that are testifying for you, regarding the less severe punishment they had for the same offence, the question is, were you aware of the disciplinary action against others for this offence *before* you did it too ?

 

The previous warnings against your co-workers might have been attempts at 'getting the message across' to the rest of the workforce about how the higher management viewed this practice (not the best way of spreading a message admittedly, but I've seen employers being quite unprofessional and using this tactic of scaremongering before), and when your case came up, they thought "Here's another bloody one!" and decided to sack you.

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Um... but if there are other witnesses that are testifying for you, regarding the less severe punishment they had for the same offence, the question is, were you aware of the disciplinary action against others for this offence *before* you did it too ?

 

The previous warnings against your co-workers might have been attempts at 'getting the message across' to the rest of the workforce about how the higher management viewed this practice (not the best way of spreading a message admittedly, but I've seen employers being quite unprofessional and using this tactic of scaremongering before), and when your case came up, they thought "Here's another bloody one!" and decided to sack you.

 

The way to get a message across is to write it in balck, on a piece of white or buff paper, and stick it on the notice board that says at the top "Important staff notices". Tribunals tend to take a dim view of smoke signals :-)

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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if getting on and off a moving vehicle is classed as a health and safety issue and worthy of gross misconduct hearing then the fact that your colleagues recieved warnings shows that they did commit a offence otherwise the verdict would have been innocent with no warning or slapped wrist at all

 

the difference between you and other colleagues may be how you dealt and responded with the hearing where they may have been apologetic and pleaded that they would not get on wagon x in that manner again where you may have suggested that your within your right to do it and feel that you can continue to do it

 

even after knowing colleagues received warnings for a health and safety misconduct, you did not try to avoid any risk and continued to walk on and off the moving wagon

 

i know you have been doing it for years but when health and safety is concerned no rule can over-ride it and health and safety limits can change instantly if from one day a mondane task leads to a injury they can change the risk levels to reduce chances of further injuries

 

was your initial defense that it is acceptable to do this - or apologetic that you will take extra care in the future when judging speeds etc

 

so just be careful how you word your defense. may suggest asking how wagon x is different to wagons y or z where they would deem it as acceptable to make a judgement call. whether any memos were sent out warning that out of all wagon types wagon x risk rating has been raised and should only be entered at a full and complete stop

 

the use of colleagues receiving lighter punishment is a weak defence as they did infact receive a punishment

for example some well known celebrities may only recieve light sentances for drugs, sexual acts or murder. would you deem it fair for ALL criminals to be awarded community service instead of a prison sentance all because one person got a lighter sentance. each punishment is based on the individual circumstances and also how the accused pleads and feels responsible for.

Edited by meekmeek
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Thanks for your replies ,

 

The difference between my offence and my other colleagues (althought the same charge) was that they admitted to ' riding on the wagon ' , in other words hitching a lift rather than walking . What I was doing was getting on the wagon to remove debris before it went onto to the mainline , I was seen by a manager & 2 outside contractors performing this task , as soon as I came into view of the manager he shouted at me .....this startled me so I immeadiatly jumped off the wagon .

One of my gripes is that the manager acted in an unsafe way by shouting at me when I was carrying out safety critical duties and that he should have signed the contractors in and notified me that they were in my part of the yard , this was not done .....a serious breach of safety procedures .

My defence was that I was just carrying out my duties , ensuring all wagons were clear of debris and that I was not ' riding on the wagon '

The offence of riding on the type of wagon I was on was usually dealt by a quiet word , repeat offenders were disciplined , no memo's were ever put out concerning this breach and they never accepted my explanation as to what I was doing and went ahead with my dismissal saying that although they fully accept that my previous safety on the line record is clean they felt ' on the balance of probabilities that this was not my first deviation from their safety standards ' .

Edited by greendollar
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Wouldn't there be a default judgment in that case Dollar?

 

 

You'd think so wouldn't you Bignick , the one and only time we've managed to get them to attend a tribunal in the last 2 and a half years the judge abandoned it due to their failure to comply with the judges orders . I thought I was gonna get a default judgement then but the judge calmed down and gave them yet more time to get their act together .

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