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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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I'm assuming there is a precedent to this.

 

I have a debt to the Council for back Council Tax which I have been paying back as and when I can afford it.

 

Today Bristow and Sutor sent an enforcement agent (who told them he was a bailiff) while I was out and luckily they did not let him in.

 

Nothing, apart from a few items such as my bed and an old stereo which is worth pretty much nothing, on these premises belongs to me as I am just a lodger here and the room is furnished by the landlords.

 

I have never denied that I owe something but the amount is in dispute

I have told B&S this previously but they have ignored all my letters.

 

The bloke cleared off when it became clear he wasn't being allowed in

but I suspect he will be back.

 

Apparently he was eyeing up their car and I would obviously hate for them to become involved when it is nothing of their doing.

 

Do these people have any claim to anything on the premises

and where do we stand if they return in the future?

 

I have spoken to the Council but they say it's out of their hands now

although I suspect they could do something about it if they wanted to.

 

Thanks in advance for any help and advice

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Busted & Stupor can only have your goods, although they will try to assume the car is yours, you should provide the council and B & S a copy of the tenancy agreement or any paperwork that supports your status as a lodger in a furnished room.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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You mention in your initial post that you dispute the amount that B & S are enforcing and that you have advised them of this. If it is the amount of the Liability Order that you dispute, then it is the council and not Bristow & Sutor that you need to be complaining to. The enforcement company cannot 'go behind' (or challenge) the court order (Liability Order).

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Thank you. I can't remember if I challenged the Council or not but I will do that now. does anyone know if B&S can continue enforcing any of it, including their 'fees' while the matter is being disputed?

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I have done that too but in my experience half the time they don't either bother to read them or certainly not reply or acknowledge. trying to cover all bases

 

This may seem a bit naive but I want to gather as much information as I can before I take my next step.

 

B&S are trying to collect an old debt for Shropshire Council.

i have been making payments direct to the Council but they say it's out of their hands now and they can't call them off.

 

 

I've written to them telling them I dispute the amount claimed in the hope it will buy me a bit of time but not holding my breath.

 

There are a few points I would like to raise:

 

1) Do their 'Enforcement Agents' actually have the same powers as a Bailiff or can I just tell them to clear off?

 

2) Are their 'charges' enforceable or can I just clear the original debt and then stop paying?

 

3) Can they,

as they claim,

break into the house when no one is here

(I am a lodger and none of the property on the premises belongs to me, and I have told them this, and the Council, in writing)

and what recourse do I and my landlord have if they take property that belongs to the landlord, including their car which is parked outside the house?

 

4) Are they allowed to take my motorcycle, which I need for getting to work because there is no public transport available due to the hours I work?

 

Thanks for any help anyone can give me.

 

 

I am thoroughly fed up with these people and I refuse to phone them, requiring everything in writing. besides, I have no phone and no access to one

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The EA is a bailiff the terminology changed from Bailiff to EA in April 2014

 

You DO NOT have to let them in indeed it would be a bad idea to do so, they cannot break in, or climb through a window

 

How much is still owing and are you still paying anything to the council directly?

 

They might try to Take Control of a car parked outside so if they did the Landlord would have to use the TCG procedure to put in a third party claim

 

Yes the motorcycle might be taken, how much is it worth and it would be a good idea to hide it for now. They would say you could walk or cycle to work if the motorcycle is taken unless your commute is stupid distance like 20 - 30 or more miles.

 

other Caggers will be along with better advice soon.

 

One for Grumpy, if the debtor uses a cycle to go to work, has no car, and distance is 10 miles would a bailiff take a pedal cycle? (I know some are worth upwards of £2k)

We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Thank you.

Yes, I live fifteen plus miles from work and work a four in the afternoon to midnight shift so there is no public transport and a taxi, if I could even get one, would cost pretty much everything I earned.

 

I am paying the Council direct,

although they have said they can't accept payments which is clearly rubbish as they are showing up on B&S's site as paid 'Direct To Council'.

 

I have written to B&S telling them that the vehicles parked outside do not belong to me so they are aware of this.

 

 

What they do with that knowledge is up to them but I have a copy of the letter and will use it in evidence if it becomes necessary.

 

The motorcycle is worth far more than the debt which, before their ludicrous charges, is now less than three hundred quid.

I would pay it off in one if I had it but I simply don't.

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Further to the above, I have made payments to B&S but as the direct to council payments are showing on their site I'm going to make all future payments to the Council

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Threads merged

Please keep to one thread

Or it makes a mockery of past helpers time

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think,

on reflection,

and against every emotion taking hold of me,

I am going to try and pay this off.

 

 

Not because I agree with it and their ludicrous 'charges' but simply because I don't want my landlords bothered by something that is not of their doing.

 

 

If I was living in my own place I would run the beggars ragged until my dying day.

 

 

I had a most patronising email from them yesterday,

which I won't bother you with,

that was lies wrapped in the truth.

 

 

Before I go,

I would very much appreciate opinions,

if anyone has them,

as to whether or not the entire balance is enforceable,

including B&S's fees,

or just the outstanding amount owed to the Council.

 

 

That would be interesting to know.

Thank you all for your previous replies.

This site is a Godsend to so many people

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Can anyone on here shed light on something that's been puzzling me for some time?

 

I'm a little unclear on what,

exactly,

an 'Enforcement Officer,

is legally allowed to seize goods in respect of.

 

 

If, as in my case,

there is a Court ruling that the outstanding amount on my Council Tax bill is £340-odd pounds

are they entitled just to remove goods to cover that or,

if I pay that,

can they still enter the premises to take items to cover their own fees,

which were NOT included in the Court ruling,

or do they have to pursue that matter separately.

 

 

It will make a huge difference to how I proceed.

Thank you

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They have no right to enter your home. Keep doors locked and any vehicles a good 10 mins walk away. They can add statutory fees, so its in your best interests to arrange repayments if the total plus fee's are correct.

 

If you arent considered vulnerable, then they will eventually hand it back to the council, but you'll still be liable for fee's, the council could take you to court and apply for a warrant to get you to attend ( more fee's), or they could get another bailiff to call.

 

Then theres attachment of earnings etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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threads merged yet again

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you've decided to try to pay it off now, it's going to include fees. If you pay the council, they'll pass them on as you have seen, and any payments after the first £75, are split pro rata, so the debt isn't paid off to either the council or the EA's until your final payment.

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Ah, I thought there might be some surreptitious little clause skulking about somewhere in the ether. Thank you for that. I will pay this all off at some point but I'll be blowed if they're going to get the almost two hundred quid a month they are demanding

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  • 3 weeks later...

It's noteworthy that I paid them a hundred quid this month which is about two thirds of the 'agreeement' (which I never agreed to anyway) and instead of conducting another visit they just sent me a letter with a revised 'agreement'. Basically, they don't care, do they? They just want to get as much money as they can from people for the least possible effort

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It's noteworthy that I paid them a hundred quid this month which is about two thirds of the 'agreeement' (which I never agreed to anyway) and instead of conducting another visit they just sent me a letter with a revised 'agreement'. Basically, they don't care, do they? They just want to get as much money as they can from people for the least possible effort

 

I am sorry Bilgeman but you are not correct.

 

The enforcement agent has already made one personal visit and a payment arrangement has been set up. You have already incurred an 'enforcement fee' of £235. The regulations do not provide for another 'enforcement fee' and that is why you will now receive a letter (as opposed to a visit).

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I am sorry Bilgeman but you are not correct.

 

The enforcement agent has already made one personal visit and a payment arrangement has been set up. You have already incurred an 'enforcement fee' of £235. The regulations do not provide for another 'enforcement fee' and that is why you will now receive a letter (as opposed to a visit).

 

Where does he say he has set up a payment arrangement? Bilgeman is paying the debt, but I'm not sure there's a formal arrangement for £xxx.xx per month to be paid, unless I've missed it reading through.

 

Is you motorbike owned outright, or is it on HP? Are you ensuring that cannot be seized or clamped?

 

Yes Bilgeman, the bailiffs will get every penny out of you they can. Fortunately they are far more restricted since the 'new' regulations came in than they were before.

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  • 1 month later...

Further to this, I never agreed to a payment arrangement. That was just their take on it. I've been paying a hundred quid a month and got it down to 300 so now they are getting fifty quid a month until it's paid. Thanks for all the advice everyone. Much appreciated

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Glad you have it sorted. The thing now is not to default on this, miss by a little as one day on your allotted payment, and they are very likely to continue any enforcement and pursue for the full balance.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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