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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 @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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Twoofus v First Direct **WON**


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I have just received a letter from FD totaling charges to be added on 10.10.06 of £110ish. This is because I went over my overdraft (£30 charge), they paid 3 bills while over my O/D limit (3 £25 charges = £75) and debit interest (£4). Now I know I went over my limit (struggling a bit at the moment) but it has lead me to believe it is excessive charging and thats why I've come here.

 

I am now just completely fed up of them as its not the first time. I did phone them and ask them to consider the charges but they say 'terms and conditons blah blah blah. When I told them these charges would again take me over my limit they didn't really have an answer as to what I could do apart from speak to there 'credit department'.

 

I have decided along with my wife (she has had same problems) to pursue the matter and start with the S.A.R. but can't seem to find who to send it to, as a lot of you have already done this could you please reasure me I'm doing the correct thing and also give the best name and address to send it to.

 

Many thanks in advance.

 

 

P.S. Thinking of doing Yorkshire Bank aswell, why do they all take from the poorer end of the scale

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Guest ian cognito

The First Direct address is:

 

40 Wakefield Road, Leeds LS98 1FD

 

I have always forund them quite reasonable, they have funded a couple of charges for me and increased my overdraft temporarily while I got through a sticky patch, but a penalty charge is a penalty charge - good luck with it!

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I did ask them about refunding charges but they catagorically stated that "We will only refund if the error was First Directs". Also when I mentioned about the £12 cap in charges they said it was untrue and that it was in my T&Cs:mad:

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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I know the address given is on my switch card and I presume they would pass it to the relevent department but I just thought someone on here might have the name and address of the department that would actually deal with S.A.R.s so there is less chance of delay or loss.

 

Thanks

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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My appraoch has been to send all my letters recorded delivery, and not to a named person or department.

All have found thier way to the relevant people.

By putting a name of dep't on the latter they could (as seems to happenn regularly with soem organsiations) they claim they have not recieved an item or it has gone to soemone who has left, holiday, sick and any other excuse they come up with.

Let FD sort out who it needs to go to.

I love the smell of banks coughing up refunds early in the morning

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Thatnks all for your assistance, much appreciated:)

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Stick with it. Read the FAQs for the process - it's simple but does need an investment of your time to follow it through. You will win, so hold out for every penny taken illegally from you.

 

Sent with the pleasure of having seen £3310.99 credited yesterday :o:D

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  • 3 weeks later...

Hi all, we have just sent our DPA S.A.R. off to first direct, well yesterday actually by recorded delivery, so they should have received it this morning, hopefully. Any support or info is welcome so please feel free and what sort of time scales are FD getting statements out in, I know they have 40days but are they usually taking this or are they quicker??

 

Thanks

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Hi

 

As I said earlier we have just sent off for our DPA stuff, BUT, we have actually just found all of our statements and tallied it up.

 

My question is, can we send our prelim letter in now or do we still need to wait for our statements now we have asked for them.

 

My belief is I could sent the prelim straight off now as we have the details of the amount we are claiming back and don't need to wait for DPA stuff as anyone is entitled to request this at anytime regardless of what they want it for. Also, at prelim stage do we need to send the full spreadsheet itemising everything or can we just send them a request for the total figure without itemising.

 

Just want a some second opinions really, thanks

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Just received two letters this morning (one for me and one for my wife) telling us they will send the info we requested and returning our cheques. Very prompt FD, keep it up.lol

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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prompt so far, i'm well into my third week of waiting for statements for my visa account.

Doesn't worry too much will just mean a complaint to the Information Commissioner when the time has been exceeded.

Had enough of playing games with these people they chose a fight and a fight is exactly what they will have.

I love the smell of banks coughing up refunds first thing in the morning.

 

HSBC, they tried they failed, they coughed up in full

To all the others beware i am heading your way next.

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Good for you mate, don't let them get away with anything because they wouldn't let you. We actually have found our statements now so aren't going to wait for theirs to come, we are just gonna send the prelim letter off with the charges sheet and keep the copies they send for future reference. That will confuse them.lol

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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My wife sent her prelim off yesterday (23/10/06) by first class recorded delivery so they should have got it today and the 14 days have started ticking. Time to sit back and wait for there reply.

 

Gonna do my spreadsheet tonight and get mine off tomorrow hopefully.

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Mine was sent off today so they should get that tomorrow.

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Hi all, my wife received a letter from FD this morning, its one of the standard ones i've seen on here, you know, without prejudice....its T&Cs....we feel we would win if it went to court....mindful of unrecoverable time and legal costs....so we are offering 950 as full and final settlement.:eek:

 

Now as my wife is claiming £1200 and we are going to pursue it, I am going to send a thanks but no thanks letter but do I now send my LBA or give them chance to respond to the rejection letter.8-)

 

Just shows you doesn't it, all that time paying costs and one letter later they are almost giving you it back. B*st*rds:mad:

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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I am going to send a thanks but no thanks letter but do I now send my LBA or give them chance to respond to the rejection letter.

You should adapt the LBA stating that you accept their initial offer as partial settlement of your claim against them, but that you will continue to pursue them for the whole amount, giving them 14 days to settle in full. If they don't settle then file your action aginst them.

 

They will pay up.

  • Confused 1

Matt

 

First Direct: £6639.77 settled in full

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

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Thanks mrfitz, thats the info I was looking for. Wasn't sure whether to send a rejection letter and LBA separately or as you have said, adapt the LBA.

 

Thanks again

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Do you think this letter I have adapted would be ok,

 

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

I am very disappointed that you have failed to offer me the full amount that I was requesting in my previous letter dated 23/10/2006, and although I must thank you for your swift response on this issue I must also inform you that I am not prepared to accept your offer of £958 as Full and final settlement.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £1195.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 23/10/2006

 

I require repayment in full of this money and if you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

Yours faithfully,

 

 

Any comments or suggestions guys

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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You might want to put a sentence in the first paragraph saying that you would accept their offer as partial settlement. This won't make a huge difference as I don't know of any FD cases where a "partial acceptance" has been paid. But otherwise your letter's fine.

Matt

 

First Direct: £6639.77 settled in full

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

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Thanks mate, i appreciate your help. Letters going off this morning.

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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