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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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Arrows/Drydens.. CCJ set a side?***Claim Discontinued***


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Thanks PC,. Yes I certainly will. I would always have come back and posted regarding the outcome so it would help others that may be going through the same situation.

 

I wouldn't have got mine without the help and advice on here :whoo:

I'll make a donation soon in way of a thank you

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Hi Andy

I think it is restarting. They have said its suitable for the small claims and to expect some paperwork in the next two weeks. The judge said she would enter my witness statement as evidence, she even commented on how well presented it was.

We will see what the claimant does next.

 

Just post once you receive anything.

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Thanks Andy, I will.

 

If there is any tiny bit of advice I can give to anyone who is going through this process, is that the application to set aside is done so as quickly as you can. My earlier application in October helped me a great deal in winning the set aside but she did have stern words about the October till now delay. If I hadn't had done the October application (albeit completely wrong) I would have, without a doubt, lost.

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  • 2 weeks later...

Hi all

I've received some paperwork today.

 

Allocated to small claims track.

Witness statement stands in place of a defence.

Hearing 28th august.

Claimant must pay by the end of July

Just wondering what do I need to do now...if I do?

Let me know if you need anymore info

 

I have also requested again, now that the ccj is set aside they must supply me with the cca. As that was part of the witness/defence.

 

Many thanks

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Just follow the directions listed within the Notice of Allocation (as above) by the dates stated.......which will be standard disclosure and exchanging witness statements.

We could do with some help from you.

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  • 2 weeks later...

Hi all, i need a bit of advice.

 

I have been reading through a few threads and it seems the paperwork i received after my set aside wasn't a directions questionnaire. It was just directions. I have no boxes to tick etc. Here's whats stated.

 

the following directions apply to this claim:

Each party must deliver to the other party and to the court offices of all documents on which that party intends to rely on at the hearing no later than 14 days before the hearing (its on the 25th Aug).

The witness statement stands in place of a defense..Does this mean i do nothing? I really don't know what to do here, should i send the claimant copies of all the paperwork??

 

There are also other things stated but i can understand them.

 

My questions are, do i wait and do nothing until the hearing or do i need to send off my witness statement and documents again to the courts and claimant? And if i wish to add some things to my WS can I?

The last day for them to pay for the hearing was today, i will be calling the courts on Monday to see if this has been paid.

 

Apologies for all the questions, i really don't want to muck things up on the final hurdle

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See my previous post

We could do with some help from you.

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You haven't submitted a witness statement yet July you have submitted your initial defence.....as for documents...you disclose anything you have referred to within your defence and witness statement as evidence...if you dont disclose it you cant use it.( for the court and claimant...the court does not know what you have)

We could do with some help from you.

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Right, ok i think i understand that. Im glad i asked because i didn't think i needed to do anything else :???:

 

Last question i promise...the paperwork has to be submitted 14 days beforehand. Is this working days or include weekends.....so date of submission 10th/11th August (inc weekends)

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Working days.

We could do with some help from you.

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Just an update

 

Claimants have paid the court fee, i checked today. I was hoping to get a discontinuation or something similar, but looks like ill be back in court with these idiots!!!

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Hi all,

 

sent my defence/Witness Statement in for the 5th Aug to the courts and claimant ,

14 working days before the court date and as yet have not received anything from the claimants.

 

I did receive a without prejudice letter asking for 250 pounds to settle the claim. Is this standard practice from Dryden.

 

I have been reading other posts but i cant really see anything that is similar to mine,

 

 

they have paid the court fee but not sent and WS to me yet.

Edited by Andyorch
added WS
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They have been known to cancel at the door of the court room - I think it is a question of who blinks first.

 

When is the actual hearing - as long as any claim is discontinued in reasonable time, I think they are entitled to their fees, back.

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ah right....well they have my SB defense and i will go to court and fight them with everything I have.

 

If i do however receive their WS am I able to resubmit another on defending theirs? (if that makes sense)

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ah right....well they have my SB defense and i will go to court and fight them with everything I have.

 

If i do however receive their WS am I able to resubmit another on defending theirs? (if that makes sense)

 

No ...nor should you need to...you have submitted your WS and the claim is statute barred.....so anything they state is irrelevant (asssuming they intend to submit a WS )

 

Andy

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Thanks Andy

 

Still nothing in the post today, I've developed some kind of' sit in the window waiting for postie' behavior at the minute

 

How long do I wait before contacting the courts (if i need to) and advise that nothing has been received from the claimant?

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What date are they suppose to comply by ?

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Normal days....so I would allow a little leniency...if nothing received by Friday then ring your court and ask if they have submitted anything ...advise they have not served you......lets wait on your response and will advise on how to push this further.

We could do with some help from you.

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