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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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from what i see, you've done things all by the book :)

and i'll help all that i can :)

 

:madgrin: Thanks Ford.

 

You, Andy and everyone who has advised thus far have got me this far and I now see a light at the end of the dark and dingy cave MBNA have had me trapped in for years

 

Up2

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Correct the on line only appears after judgment...apologies up2....anyway you seem to have this sorted now so get em!!!

 

Regards

 

Andy

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  • 2 weeks later...

Just thought I'd update you on this.

 

Sent the N323 and fee to Wrexham as it was transferred there.

 

Called them today as I have not heard anything further and

 

have been told it has been transferred to Chester :!:

 

I queried this with the lady that transferred it,

I thought Wrexham seemed a bit wrong.

 

Called Chester and they said that they are waiting for the file from Northampton?

 

But that I should call back at the end of the week if I haven't heard anything by then.

 

I'm just worried that the postal order is going to awry and the N323 come back.

 

Still, hopefully wont be much longer til this is done and dusted

 

Up2

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S.O.S, Help needed please.

 

I have heard from Wrexham County Court and I'm not sure what I need to do next.

 

I have received a 'Notice of Transfer of Proceedings'

 

To all parties,

 

This claim has been transferred to Chester County Court for that Court to deal with the defendant's application for set-aside judgment.

This case has been transferred to Chester as being the Defendant's most local court.

That court will send you and the other parties notice of the time, date and place of hearing

 

As I am an individual shouldn't this have been transferred to my local court?

What do I do to get this sent to my court?

Why didn't Wrexham tell me this yesterday when I called :mad2:.

What's happened to my N323 and my £100 fee?

 

I am also assuming I need to start preparing my case?

I will need help with this please if this is the case

 

Many thanks

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looks like, as warrant is re their hq in chester? maybe court has, under CPR 30.2 etc (30.3) re enforcement of a judgment, transferred it to chester?

it should all get tied up.

did you get notice?

IMO

:-):rant:

 

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I don't know what their address for service was? Where would this info be?

 

What I need to know is what I need to do to get this transferred to my local court

as MBNA is a business and any hearings should get sent to my court shouldn't they?

Or do I not have to go to a set aside hearing?

 

I obviously want to because MBNA have made my life hell and I am not prepared to let this lie.

 

Also,

why did both courts not mention this to me when I called?

 

My query to both was to find out where the N323 and fee was.

 

If this has been applied to be set aside would they still process my warrant request?

 

Bit naughty if they do as it's unnecessary cost to myself.

 

If they don't then where are the form and fee?

 

Ggggggrrrrrrrrrrr I am so confused :-(

 

Up2

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looks like things may have crossed.

 

maybe your warrant is still going ahead despite their app'n to set aside.

 

re a set aside app'n usually therein any current enforcement is requested to cease/hold subject to.

if enforcement goes ahead and bailiffs turn up they'll prob excuse as is before court re set aside?

 

note the rules i mentioned re where it would go re defendant not an individual. seems maybe the 'preferred' court? ie theirs?

 

need to find out when they applied for set aside (was it in time?),

 

and as you say, what happens re your enforcement and fee.

 

others will no doubt look in, otherwise give andyorch etc a nudge

IMO

:-):rant:

 

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note the rules i mentioned re where it would go re defendant not an individual. seems will be the 'preferred' court? ie theirs?

 

I thought andyorch had confirmed it would be transferred to mine? Argh!!!!! hair pulling time

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I thought andyorch had confirmed it would be transferred to mine? Argh!!!!! hair pulling time

 

i know, but having looked at those rules am not sure!

even if is set for their court, i think an app'n could be made to transfer it to yours?

IMO

:-):rant:

 

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Sorry, should they have applied for a set aside within 14 days? if so would the court allow it if it's out of time??

 

 

if judgment was as per mentioned in my post,

then yes according to the rules they should've applied within 14 days re a set aside.

 

if applicable, and not within time, then that would be something to put before the J at hearing.

 

whether that would be enough, i don't know. would be for the J to decide.

 

ps there is also the general set aside/relief requirements to satisfy?

IMO

:-):rant:

 

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Funny how these companies can bend the rules to suit themselves. If it was me defending their claim it wouldn't be allowed :-x

 

If this 14 day deadline is the case it's just more evidence of how vindictive MBNA try to be by abusing the court procedure,

along with their breech of debt collection practices etc which I have endured.

 

I will defo want my day in court with them although I wont ponder on this too much

until I know for sure as my anger is getting the adrenalin pumping.

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know what you mean. the rules say this and that but yet sometimes they don't seem to abide by them. yet if an LiP doesn't, then they are quick to say so!

have given andy a nudge for you

IMO

:-):rant:

 

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Okay what date was the judgement? What period of time was they allowed to set a side (if any)

What date was their application made? What date did you request execution ?

Was you served Notice of the application..Was you served Notice of the hearing?

 

Courts will always try to merge applications into one hearing (2 fees one hearing good business)

 

Yes any hearing should be at the LIP local county Court (claimant or defendant) they are a business so they follow you.

You simply make a further application to transfer (again).

 

If you could clarify the above UP2 .... we can look at this and prepare.

 

Regards

 

Andy

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Hi Andy

 

Thank you so much for looking in. I was planning to answer your questions once I got home so I could be sure of exact dates etc, but on getting here I have opened a letter from Chester CC which enclosed a Notice of Hearing of Application at Chester, which I will need to transfer.

It also included a copy of the N244 submitted by MBNA asking for set aside due to them submitting the AQ in time (copies of their emails sent to the court also enclosed)

 

Not sure what you will want to know now? Or what to do next. What happens with my N323 application and £100 fee? That's obviously redundant now.

 

Okay what date was the judgement? 14th JanWhat period of time was they allowed to set a side (if any)No time mentioned

What date was their application made? The application was made 14th JanWhat date did you request execution ? Dated and sent 1st Feb, received by Wrexham CC 3rd Feb

Was you served Notice of the application..Was you served Notice of the hearing? Both received today

 

Courts will always try to merge applications into one hearing (2 fees one hearing good business)

 

Yes any hearing should be at the LIP local county Court (claimant or defendant) they are a business so they follow you.

You simply make a further application to transfer (again).

 

If you could clarify the above UP2 .... we can look at this and prepare.

 

Regards

 

Andy

 

Grateful for all the help.

 

Up2

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It appears to all rest on the submission of their DQ on time then...what evidence has been provided and why was the court not aware of this?

 

If you think and it appears you do that it will be set a side then you must request your fee for execution be returned.

We could do with some help from you.

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I haven't got a clue why the court was not aware of this Andy. I can't believe what a shambles this appears to be. When I submitted my request for judgment via MCOL email, it was received and acknowledged, yet MBNA say they submitted their AQ TWICE via the MCOL email and neither were actioned? Doesn't make sense to me, but they have submitted email printouts of the emails with their N244??.

 

One thing I was wondering is they have requested it be set aside without a hearing, yet the court have arranged one. Is this normal?

 

I want to call the court on Monday and try to find out what is actually going on. Should I call the MCOL number as this where they apparently sent their AQ (twice)? I can also ask them about transferring to my local court and my execution fee being returned (I'm happy to leave this if it's not set aside obviously, but just worrying incase I have to pay it again).

 

What will happen at this hearing? Will I have to give my reasons for them not to set aside?

 

How could TWO separate emails not get picked up? something smells very fishy to me, but then I'm biased when it comes to believing that MBNA would actually lie and cheat for their own end - after all that's how I got in this mess in the first place

 

Thanks again Andy

Up2

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Couple of points from you post

 

DQs are not ssubmitted to MCOL you submit them to the transferred court (ie your Local County Court) and yes there must be an hearing in all set a side applications unless both parties agree and its not required.

 

You can submit a WS in objection to application...usually not less than 7 days pre hearing.

 

Regards

 

Andy

We could do with some help from you.

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Sorry Andy, my mistake they said they sent it to [email protected] and then the second one to [email protected]. So different addresses to where I sent my judgment request.

 

What is WS? Is this objecting to them setting aside? I have tried googling it but still none the wiser. :-(

 

Thanks

Up2

 

Hearing is one month from now, so need to get it transferred pretty quickly I assume??

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