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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.
       
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      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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Hi,

 

Not sure if this is the right subforum to post this but I've seen a thread similar to mine so I'll leave this here.

 

Have a bit of an issue with the last company I've worked for and was hoping you guys could help me out with some advice.

I'm a self employed tiler and I worked for about a month for a company in London doing kitchen/bathroom tiling.

After the site was finished they paid me but not the full amount, about £500 after tax were missing. I called the manager I worked for and he said he'll look into it.

Next day I called him again and he said that I made some mistakes and someone called me and told me about them and asked me to come fix them but I refused so they hired someone else to fix and paid him that amount. This is simply not true, I haven't received such a call and if I would have I would have gone to fix my mistakes. This is what I told the guy and he said he'll ask again.

Next day I call him again and he says the same story and that they can't pay two people for the same job so there is nothing he can do.

They pay £65 per bathroom/kitchen so that means that I must've made mistakes in 9-10 bathrooms. I have 7+ years of tiling experience, take pride in my work and never had such a problem. Not saying it's impossible for me to make mistakes since we all do, but making such mistakes that they wont pay a penny in any of the 10 bath/kitchens in a month is kinda impossible.

What would be the best way to deal with this?

I've read some threads about people not paying and they recommended small claims court. Would this be the case too?If so how do I proceed with it?

 

Regards

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Surely the hours or work you do gets signed off, daily or weekly.

and you get paid against that, or at least you should do.

evidence is the key here, make sure the work you do gets signed off and keep a copy.

Seen this so many times with sub contractors or contract staff.

If you have these records then yes take them to court

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IVe moved to the employment forums as there are posters in their that can advise on self emplotment

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let's start with what your contract says about pay please

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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ask in writing for a breakdown mistakes made and cost tom put right

But wouldn't that be like saying that I've done wrong and if they can spot what?

Surely the hours or work you do gets signed off, daily or weekly.

and you get paid against that, or at least you should do.

evidence is the key here, make sure the work you do gets signed off and keep a copy.

Seen this so many times with sub contractors or contract staff.

If you have these records then yes take them to court

At the end of the week I complete the invoice with what properties/work I have done for that week and send it to them.

I keep copies but they have only my signature on them since I send them by e-mail, now I see that is a mistake.

IVe moved to the employment forums as there are posters in their that can advise on self emplotment

Thanks.

let's start with what your contract says about pay please

Don't have a written contract, just a verbal contract with the manager that offers the work.

I ask how much does he pay and for what work and if we both agree then I start the work.

Never had issues like this so didn't think about a written contract.

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well, I think it is time you DID get things in writing. If you are going to be self employed, you need to know what your own terms are!

 

As you are about to find out it is damn near impossible to sue based on a verbal contract.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Now that I've been through this I will surely do.

 

But in this case since they are not denying that I've worked for them or what properties I've worked on, just saying that I've made mistakes and refused to fix them(and I wasn't even told that I've made mistakes, I just found out when I called about why didn't I receive the full amount), is there be nothing I can do?

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I think legally you are on a sticky wicket I am afraid.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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sorry :( Morally you may be right but you need evidence for court

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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An invoice only says what you think you are due. It doesn't mean anyone has agreed to the rates or what will happen in the event of error.

 

You need a contract.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I am not sure you don't have a case; If the work you did is not in dispute, they will have to prove they did not give you the opportunity to put any mistakes right, i.e. in writing!

Suggest you write to them pointing this out and if they still refuse to pay you, then you will take them to court.

title the letter, letter before action, and give them 7 days to respond.

copies of your work sheet should be enough to confirm you did the work in this case together with any evidence of how and what they paid.

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An invoice only says what you think you are due. It doesn't mean anyone has agreed to the rates or what will happen in the event of error.

 

You need a contract.

Is there a simple template for a contract that I could use for future work?

 

I am not sure you don't have a case; If the work you did is not in dispute, they will have to prove they did not give you the opportunity to put any mistakes right, i.e. in writing!

Suggest you write to them pointing this out and if they still refuse to pay you, then you will take them to court.

title the letter, letter before action, and give them 7 days to respond.

copies of your work sheet should be enough to confirm you did the work in this case together with any evidence of how and what they paid.

 

Yes, they didn't tell me anything. Not by phone or by text or by writing.

I'll start with that.

Thanks

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A LBA is free and I agree worth a go

 

Are you a member of a trade association? They often offer contract templates to members. Free contract templates tend to be worth what you paid for them...

 

You could also try your local chamber of commerce?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Not a member of either.

London Chamber of Commerce seem to charge £524.40 for being a member so not too sure about that.

Will check trade association but joining that seems to take some time for them to verify references and that. Was hoping to do it sooner.

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try these from federation of masters builders - they may be overly complex for your needs but you can take bits out?

 

http://www.fmb.org.uk/find-a-builder/free-contracts/download-contracts/

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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