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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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Motor insurance claim - TP Foreign Driver.


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I have an insurance issue I haven't been able to resolve to date. The incident occurred just over 3 years ago.

 

My vehicle was sideswiped in England by a Turkish driver / Turkish registered HGV.

 

My vehicle was being driven by a US resident named driver on my policy. At the time the incident was reported to my Irish insurer for information only and an attempt to pursue losses set in motion using my ULR (uninsured loss recovery) insurance. Liability has not been settled. The only offer so far from the TP's UK handling agents is a 50/50. On the other hand, to date, no counter claim has been presented to my insurers. The claim has no personal injury element. The claim amounts to vehicle damage and consequential losses (car hire, taxis, accommodation), total estimate c. £5k

 

Panel solicitor says to move this claim forward it needs court proceedings issued. Ultimate outcome could be anything (0/100, 100/0, 50/50), or TP may fold beforehand on the prospect. My ULR insurer doesn't want to pay for this avenue and suggest taking the 50/50. Panel solicitor says if ULR aren't paying, to take the 50/50.

 

Now my feeling is that this ULR insurance is a waste of time: If the case is easy, then they'll do it. If it's hard, they don't want to know. I've handled two easy cases myself recently, so what is the point this insurance?

 

I don't want to take 50/50 for three reasons:

1) It's not my/my named driver's fault

2) NCD would be affected and steps back 2 years

3) TP has not put in a counter-claim.

 

In short, I think it would leave me more out of pocket than I already am. Doing nothing doesn't appear to be an option, as despite being zero, a claim is still open on my insurance which is affecting my ability to shop around. My NCD however is presently unaffected.

 

What's the best way to conclude this issue? I would like to be put back in a pre-accident position, but accept this might not be possible or practical.

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If the damage to your car was covered by your Insurance and it is your excess plus other non insured losses you are looking to recover, then you have to weigh up whether it is worth issuing a court claim. That is your choice. As the third party is foreign and it is only the Insurers UK office dealing with it, there is a chance that the court claim could take a long time.

 

The other issue you have is that normally the court claim is issued against the third party driver. If they don't live in the UK, plus they are not in the EU, i would question the process of issuing the claim against the the third parties Insurance offfice based in the UK. You can probably do it, but you would need advice about how to issue the claim, otherwise you risk it being rejected or not getting very far.

 

You might have to accept 50/50, purely down to practicality. But if you have plenty of time, money to cover your costs in pursuing and free legal advice to assist you with the court claim, then you might decide to go ahead.

 

If you are based in Ireland, where would you start the claim, if neither you or the third party driver is based in the UK.

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I can see the practical "path of least resistance" being 50:50. I also see it as potentially no net benefit.

 

The car is covered comp. No claim has been lodged with my insurer either by myself or TP. My own losses are around 3k. So my understanding is that would be reduced to 1500. Against that and I have to consider that my NCD will step back from 50% to 30%. To complicate matters this is a mirrored NCD and it also may be the case that the main NCD will also be affected. Also there may be loadings for an at fault claim on those two policies. In short I think I may stand to lose more than 1500.

 

If I were to going down the road of pursuing it further, hassle/potential of losing aside, I would probably deal with in the English courts. My understanding is it would be small claims track and with the fee bandings 4999 would be better than 5000.

 

If I were to give up at this stage, I would prefer to get some sort of legally binding guarantee that the TP wasn't going to pursue any counter claim (as they haven't so far) and I could go back to my insurer with that and close off the file, leaving me with an intact NCD and a non fault claim on the record.

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You still have to deal with the court jurisdiction issue, which is unclear. Normally you sue the defendant in a court where they are resident. If you cannot do that, you would have to apply to a court to serve the claim out of jurisdiction.

 

If you live in Ireland, you may be able to issue a claim there, so you should speak to the clerk of your local court. I am not sure the claim has to be in an English court, because tbe accident happened there.

We could do with some help from you.

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I'll do some digging with regards the jurisdiction issue. So far didn't appear to be an issue about, but I can see the potential for one. I know I could possibly start something here, but I wouldn't have a problem doing it in England. If I did take it on I'd look at starting from scratch and would try to resolve again without going to court.

 

It seems there is a wide range of outcomes from anecdotes from dead easy, to no hope with lots of outcomes in between.

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I'll do some digging with regards the jurisdiction issue. So far didn't appear to be an issue about, but I can see the potential for one. I know I could possibly start something here, but I wouldn't have a problem doing it in England. If I did take it on I'd look at starting from scratch and would try to resolve again without going to court.

 

It seems there is a wide range of outcomes from anecdotes from dead easy, to no hope with lots of outcomes in between.

 

What you could do is write to the UK office of the third parties Insurers stating that you are looking to issue a court claim in England against them, as the Insurers holding the liability risk under a policy for the at fault driver. That you are seeking to negotiate a settlement from them to avoid court time and additional costs. Then detail why their policyholder was at fault and provide details of your losses.

 

As there seems to have been contact with this third party insurers, they have established that they would deal with it, as the accident happened in England. An English court should accept the claim, but jurisdiction issues could be raised, making it more difficult.

We could do with some help from you.

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Yes it's a green card scheme thing. I think initially the UK agent of TP insurer were answering just the liability question.

 

Driver has receipts for his losses (some GBP, some in EUR).

Passenger 1 has receipts for his losses (again GBP/EUR).

Passenger 2 no losses.

Passenger 3 no losses.

 

I'll have a look again at the MIB site. They suggest 2 quotes for work. So far I only have one (EUR) and that was hard work to obtain. Accident repair centres with big windows seem to want 60EUR or claim number before looking at things. (Which I've never come across before). FWIW, I suppose I don't have a lot to loose by gathering all the evidence I have and writing to set out my stall so to speak.

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Having looked about, I've asked a non-motoring solicitor contact if this is a sort of reference "bible" in the matter. He says it probably is.

 

Law of Motor Insurance, The

2nd Edition

Practice Area: Insurance Law

ISBN: 9780414045194

Published by: Sweet & Maxwell

Authors: Professor Robert M Merkin; Maggie Hemsworth

 

Apparently they have a copy of the previous edition in Trinity College Library, so I may well take a look at the relevant pages (for which there isn't a Google "review" page for, or persuade them they need to update.

 

I see there are template preliminary letters in a sticky. Would timescales be different for a case like this. e.g. instead of allowing 14 days for a reply, would a longer period apply in Green card cases?

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Not sure there is a definite timescale for a letter before action, before you could issue a court claim. But most people seem to give at least 3 weeks.

We could do with some help from you.

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