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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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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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I think you have enough to get the eviction stopped, but you do need to pay the £3k on monday morning as this will show the judge that you are committed to reducing the arrears. You will need to print off the transaction from your bank account so we can affix it to the N244 application.

 

I will start to draft the statement to go with Q.10 of the N244 and will give you instructions for completing the form.

 

In the meantime - take a photocopy of the employer letter and complete the budget sheet as it will have to go with the N244 (print 2 copies of it), also photocopy employer letter. Please confirm when all these are ready.

 

First thing monday morning - pay the £3k, get the proof of payment (2 copies) and then get the doctor's letter (take a photocopy of it as soon as you get it)

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I think you have enough to get the eviction stopped, but you do need to pay the £3k on monday morning as this will show the judge that you are committed to reducing the arrears. You will need to print off the transaction from your bank account so we can affix it to the N244 application.

 

I will start to draft the statement to go with Q.10 of the N244 and will give you instructions for completing the form.

 

In the meantime - take a photocopy of the employer letter and complete the budget sheet as it will have to go with the N244 (print 2 copies of it), also photocopy employer letter. Please confirm when all these are ready.

 

First thing monday morning - pay the £3k, get the proof of payment (2 copies) and then get the doctor's letter (take a photocopy of it as soon as you get it)

 

thank you and we will do all that. There is some info that i will send to you in the morning. The thing is he has really tried hard since september to sort this out and was doing really really well too, he has broken a lot of arrangements but sorted his problems out, meds started working and since then he kept the arrangement the order was for monthly plus 200 he was paying three

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Do you have anything in writing regarding the arrangement for £200 and any statements showing he was paying £300

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Excellent !, take photocopies of those also - we're building a nice file for the defence statement :) You will need to staple a lot of documents together to take to court - do you have a sturdy stapler or lightweight folder that can secure documents together ?

 

Do you have a printer at home?

 

I'll catch up with you again tomorrow so we can get the details confirmed.

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Will you be able to get to the doctors for the letter and then assemble the documents and take into the court on Monday?

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OK, catch up with you tomorrow :)

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Hi there, I have almost finished your statment - can you confirm you have completed the budget sheet - how much does it show you can pay towards the arrears each month in addition to the normal monthly payment ?

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Hi there, I have almost finished your statment - can you confirm you have completed the budget sheet - how much does it show you can pay towards the arrears each month in addition to the normal monthly payment ?

 

Hi sorry just out with the girls it says we can spare 600 its just mad that we are like this

 

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Are you sure ? would you mind emailing it to me so I can take a look to see if there's anything you've missed out ? [email protected]

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Are you sure ? would you mind emailing it to me so I can take a look to see if there's anything you've missed out ? [email protected]

 

No probs but will be later just got my mum round, so will do sooner if i can break away. I have been over generous with what we payout to get it down to six

 

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you need to take the space out between .co.uk for some reason it shows as .c o.uk in a thread

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Hi, yes I got your message. Affixed is the statment for Q.10 of the form (I will give you the insructions for the rest of the form in the next post) You need to fill in the information where there are XXX's (the information will be on the eviction warrant) read it through carefully to make sure all the info is correct When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page.

 

On all the Appendices you will be affixing to the statement you need to write the claim number on the top left hand corner and the Appendix number on the top right hand corner. The list of your appendices is as follows:

 

 

Appendix 1 – doctors letter you are collecting on Monday

Appendix 2 - letter from lender stating agreement of extra £200 per month

Appendix 3 – letter from bank regarding fraudulent transaction

Appendix 4 – proof of your payments of extra £300 per month

Appendix 5 – proof of the £3,000 payment you are making on Monday

Appendix 6 – Letters from employer regarding payment via salary etc

Appendix 7 – Budget sheet

 

Now assemble as follows:

N244 completed.

Statement – signed

Appendices 1 – 7 in numerical order.

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourself before taking the pack to court so you have a copy to refer to in the hearing.

 

You will need to pay a fee of £40 when you hand it in to court and it will have to be in cash. They should be able to give you a date for the hearing while you are there – also ask them if they have any duty legal reps who will be there on the day of your hearing – if you approach them about your case when you get there on the day they can accompany you into the hearing and speak on your behalf.

Confuseddotcom N244 statement.doc

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These are the instructions for the rest of the form:

 

1.Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

 

You need to get the documents to the court tomorrow if you are to get a hearing before the eviction date.

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Well, went into the branch to pay the 3k in cash on the way to the court, they refused point blank. They have also said that the amount outstanding includes fees etc and that thats what I signed up to, so we are screwed with that too.

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Make the 3k transfer via your bank account - they cannot refuse it that way, print a receipt/confirmation of transfer for evidence in court. Otherwise ask them to put in writing that they have refused the 3k. If your mobile phone has a recording facility, I would suggest recording the call. You MUST tell them at the very start of the call that you are recording it - if they are smart, they will take the payment, if they are dumb they will tell you that they are refusing it, and because you have informed them you are recording the call (make sure that is also recorded), you will then be free to play the call as evidence in court. No judge will be happy that they have refused efforts to rectify the issue.

 

They cannot tell the court that charges are arrears - they can only state what the actual missed payments are, and will have to separately identify the charges.

Edited by Lea_HTH
added info re recording calls
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They have emailed me saying they refused it and that they want the full amount.:mad2:

 

Excellent - lovely evidence for the judge to tell them that they have brought you into court without considering all your efforts to make payment. Print it off and ensure you give the judge a copy - and ask him if he will consider restricting them adding the costs of the hearing to your mortgage account given that they have actively refused, and in writing, to entertain your proposals and have, therefore, not dealt with you in accordance with the pre-action protocol.

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Have you got a date for the hearing yet?

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