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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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Employment Tribunal .....LOST


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Hi all ,

 

Well the tribunal is finally done and dusted and not the result I'd hoped for .

Still trying to get my head around the desicions the judge come up with .

 

It seems that virtually all my evidence and witness statements were dismissed even though the witnesses swore on oath to the facts , yet my ex-employers witness statements were accepted on face value without them even being at the tribunal to back up their claims.

 

The reason given for writing me out of the works roster before my disciplinary was that I was to be sent on an lengthy training course but they decided to dimiss me .

This excuse was accepted by the judge .

 

My statement and that of my rep stating that the appeal manager implied that by admitting the offence I would keep my job were not accepted .

 

I find it bizarre that a witnesses testimony explaining that they were given verbal and written warnings can be dismissed because there was no statement from my ex-employers managers giving their side of the story .......it seems that swearing on oath isn't good enough .

 

They did agree that my dismissal was 'harsh' and that disciplinary procedure was flawed but that my ex-employer were within the rights to dismiss me for gross misconduct .

 

At least they didn't try to go for costs .

 

As I've said , not the result I'd hoped for but I'm glad I took a punt and went for it , just a shame the judge fell for their BS.

 

I'd like to thank everyone for their comments and advice .

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Oh that is bad news. I suppose all that can be said now is at last you can move on.

 

I find it bizarre that a witnesses testimony explaining that they were given verbal and written warnings can be dismissed because there was no statement from my ex-employers managers giving their side of the story .......it seems that swearing on oath isn't good enough .

.

 

I do think I recall warning you on this one. Comparing disciplinary cases is poor law - no two are the same, and a tribunal is generally wary of accepting comparative cases.

 

I hope you'll stick around - at least you can advise others after all you have learned.

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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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Greendollar.... commiserations to you. Please stick around and give the wisdom of your experiences to others. Your stand will not have been in vain. Perhaps your ex employer will be more wary in the future, after all they have a big legal fee to pay and they won't want that again if they can avoid it!!

 

Have a good drink tonight and wake up in the morning thinking you were true to your beliefs. By next week you will wondering how much time you have on your hands.

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A big thanks for all your support and I'll certainly be keeping tuned in to the CAG employment threads , my experience has certainly opened my eyes at just how devious employers can be and what depths that they're willing to sink too . This was the first major employer/multi national company I've worked for and I'll think twice before working for such a large company again ........much better to be employed by a firm that appreciates your hardwork and doesn't just look at you as a number that can be discarded on a whim .

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........much better to be employed by a firm that appreciates your hardwork and doesn't just look at you as a number that can be discarded on a whim .

 

Really? You mean, like a small family firm? Or perhaps a voluntary organisation? A public sector employer? You have been reading the other threads, haven't you?

 

Try a lottery ticket :wink:

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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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Really? You mean, like a small family firm? Or perhaps a voluntary organisation? A public sector employer? You have been reading the other threads, haven't you?

 

Try a lottery ticket :wink:

Do you think any are better than any other, SE?

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Do you think any are better than any other, SE?

 

I think the lottery ticket would be the safer odds!

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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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Cue thread from an ex-employee of The National Lottery regarding being sacked for gross misconduct ( "I replaced all the balls with '7's by accident - surely a verbal warning would be enough?")

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Cue thread from an ex-employee of The National Lottery regarding being sacked for gross misconduct ( "I replaced all the balls with '7's by accident - surely a verbal warning would be enough?")

 

:lol::lol::lol: Humour definitely IS the best medicine

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I must say I'm still abit baffled as to why written witness statements I provided were disregarded because the colleagues in question weren't present to be cross examined yet written witness statements from my ex-employer were allowed even though dates and times of events were clearly wrong . Even the witnesses that did attend and give evidence saying they had received verbal/written warnings had it disregarded because we didn't obtain statements from the manager that disciplined them stating that they had received lesser punishments ( and for the tribunal to expect managers who work for the firm I'm making a claim against to write statements or attend the tribunal in my defence is laughable).

Surely the same rule applies to both respondants and claimants regarding witness statements ?

I thought it would be hard but the tribunal made it pretty much impossible for me to win .

Edited by greendollar
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That is strange, in my wifes case, there were 3 witness statements from the other side that were allowed despite the fact that the people in question did not attend (one of those being from the person that made the accusation against my wife in the 1st place, they admitted that they didn't even bother to try to contact her?).

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When you say witness statements from the ex-employer, Greendollar, do you mean they were statements that had been made before your disciplinary hearing and used as evidence towards your dismissal?

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Elpulpo got it in one. Witness statements which the employer relied on in a disciplinary hearing are not witness statements at a tribunal - they are evidence of the reasons why the employer made the decision they did. Witness statements that you produce are not evidence, they are witness statements and therefore the witness must attend. You are getting this idea because you have misundertsood what tribunals do - they do not re-hear the case and come to their own decision. They hear the process which the employer took to come to a decision, and then detrmine whether that decision was justified based on that process. It is a confusion that many people have about tribunals.

 

And HB is correct. Appeals can only be lodged on points of law.

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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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Thanks for clearing that one up , if I had known that beforehand I would have tried to ensure that all the relevant witnesses were present at the Tribunal and not wasted my time with , what turned out be , worthless statements .........lesson learned the hard way ......if I'd have known what I know now I would have destroyed my employers case for dismissal at the appeal . 2 years too late though

 

One other question if I may , although I was threatened with substancial costs during my claim my ex-employers solicitors never bought up the subject at the Tribunal . Is this threat now over ? I'm half expecting a letter in the post from them containing their (rather large) legal bill .

Edited by greendollar
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No they can't do that. The tribunal would have to order it (and you would have to be there), and that isn't likely to happen. You may have misunderstood some things, but you were not being vexatious. Don't worry about it.

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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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Hey, I'm doing well today, SarEl! Do I get a gold star?

 

gdjhudhljn :-)

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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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No they can't do that. The tribunal would have to order it (and you would have to be there), and that isn't likely to happen. You may have misunderstood some things, but you were not being vexatious. Don't worry about it.

 

Well thats it then , that little episode in my life is now over , unless SarEl would like to take on my appeal ......I'm sure if I forward all the paperwork over to you SE you should be able to find a point of law that I could appeal on ?????? thats if your not busy (not to be taken seriously , I've had enough of employment law to last me a lifetime)

 

I know I've said this before but a HUGE thank you to CAG and all that have taken the time to read,comment and advise on my thread/s . kind regards Greendollar

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Sorry to hear you were not sucessful at ET. Dont beat yourself up about missunderstanding stuff etc, its a REALLY hard thing to get your head around, its overwhelming.

 

I am with SarEl on the issue of the lottery ticket. I just got dismissed from my "small friendly company" - and had a bad experience previously with another small company. Am now thoroughly put off working for small one-off businesses, they can be the worst for bullying. I only want a position in a larger more professional organisation from now on.

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Hey Greendollar,

 

Just got back from holiday and searced for your result. (Knew your case was imminent).

 

I'm so sorry to hear the outcome.

 

I started off thinking along the same lines, trying to show what lying toerags everyone is from the employers own investigation evidence.

 

I quickly realised that the real way to attack it, is to show what a pig's ear they made of following both their own and ACAS procedures.

 

In my wife's case we're sure we can show that, among other things, evidence was manufactured / concealed / withheld.

 

We're now at disclosure. I sent a request for some stuff we can prove exists, but have never seen.

 

Lo and behold, the respondent have suddenly appointed a representative!

 

I'm an optimist and see this as a sign that they are less sure about things.

 

Anyway, all the best for the future.

(Are you back in work yet?)

 

Nick.

I have squandered my resistance for a pocket full of mumbles, such are promises.

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