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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

 

I made a complaint to the financial ombudsman regarding the charges that this company had applied to our mortgage.

(we are no longer with this company).

 

 

The ombudsman have come to a decision that SPML must pay us 1500 pounds by the 28th August.

SPML have not complied with the ombudsman when they have requested any paper work connected to our old mortgage.

 

 

I dont think that they will pay up by this Thursday, so what will happen?

will we have to take it to court?

Can the ombudsman step in or because they ahve made a final decision is this as far as the ombudsman will go?

Has anyone else been paid up when the ombudsman has dealt with their complaint?

 

Thanks

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If you do not receive the payment by the agreed date i think you would need to refer the matter to the Ombudsman again in the 1st instance. They will then explain if they can intervene further or if indeed, you need to take the matter to court. I do not think a court would look kindly on SPML if the Ombudsman has made a decision against then and advised them how to resolve the issue.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 2 years later...

Hi

 

I pay my mortgage monthly by payment book,

i originally had a direct debit set up to make my monthly payment

GMAC still continue to try to obtain payment by direct debit

when they cant claim it they add charges onto my account.

 

 

I have spoken to them about this as i recieved some bank charges

they state that they will not refund any bank charges.

 

 

I have aprox arrears of £1500 pound and want to start paying these off

but i dont have a true arrrears figure as they are adding unpaid direct debit fees on when i have already made payment.

 

Any ideas on what to do would be greatfully received.

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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We have a small amout of arrears on our mortgage with GMAC.

We are currently been charged £50 per month for this aprox £600 per yr!

 

 

GMAC will not agree with our repayment offer to pay of the arrears over a period of six months.

 

 

Can i request that they stop applying these charges?

 

 

at this rate without GMAC agreeing to a repayment offer the arrears are going to pile up.

 

Any advice would be much appreciated. we are continuing to pay our normal monthly payment.

 

THANKS

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you can reclaim ALL the unlawful mortgage charges

hit them where it hurts THEIR POCKET

 

see the past issues of CAGMAG or look at the info on our homepage

 

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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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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  • 2 months later...

I wrote to them in July to complain about unfair charges on our mortgage account and fees still been applied.

 

Reply...

 

My view is that the arrears fees have been applied fairly and in accordance with the tariff. This is because there have not been insignificant levels of arrears management activity during the months that the fee has been applied. i would however like to inform you that these fees are added to the overall balance and not the arrears balance, therfore it should not prevent any agreement being rwached or impact your abilty to reduce the arrears.

 

However, although i do not believe we have applied any fees unfailry, in the interests of reaching a quick and amicable resolution to the complaint, i am prepared to reverse £480 worth of fees, if this offer is acceptable, you will both need to sign and return the offer and acceptance slip included with this letter. This offer is to reverse the fees only, therefore it will be deducted from the overall mortgage balance , and will not be applied to either the arrears balance or any monthly payment due.

 

I am sorry that you have had cause to complain, but i am unable to uphold your complaint in this instance, this is because i have found no instance of any fees being applied unfairly and have been applied in accordance with the mortgage terms and conditions.

 

my question is that if there is no problem with the fees why offer £480? and why should it come off the end balance and not the arrears?

 

the arrears are £1700 and we have to pay our normal payment plus £250 which i think is very extreme amount extra when the arrears are so small.

 

any advice what to do next would be appreciated.

 

Thanks

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write back refusing the offer and remind them of the recent ruling regarding these unfair mortgage arrears

 

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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Hi, I'm in the same position as you, sent a letter reminding them of the recent ruling regarding unfair mortgage fees and received back a rather rude letter saying that I have not raised any new information that he hasnt already considered therefore I direct you back to my final response which I have enclosed.

Off to court then, FOS are a waste of time.

At least they offered you something - they offered me nothing, but then it is an old closed account.

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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  • 3 weeks later...
  • 9 months later...

If the mortgage company agrees yes.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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so even if the arrears are cleared they still may continue the reposession process?

 

It will depend on what the conduct of the mortgage has been like

before the lender has applied for repo, more chance they will accept

the arrears if this is a one off event and not likely to happen again,

butb if there are regular events in which the lender has to intervene

they may think enough is e

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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As said above!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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If there are no arrears, there are no grounds for possession. It's different for rentals, where persistent delay in payments, or shortfall payments are a ground for possession.

 

It is extremely doubtful that any judge would award possession or even a suspended possession on the basis of there being no arrears - because it would be open to appeal.

 

But, the fact that you cleared the arrears doesn't mean the court hearing won't go ahead because the mortgagee may decide to ask for an adjournment with liberty to restore, meaning that if you fall behind in payments again within, usually a specified period, they can simply resurrect these proceedings and do not need to start at the beginning again.

Edited by Lea_HTH
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we were backed into a corner and made to pay 2 mortgage payments per month with arrears of just £1400, we have also been charged £30 per month for been in arrears, can this £30 per month be claimed back? any ideas?

 

:|

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I would be inclined to say yes looking at FSA advice. If it can be reasonably deemed that this £30 represented a penalty and bore no relation to the actual cost of administering the mortgage.

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  • 2 years later...

Hi

 

In 2006 we took out a mortgage with the above mentioned,

 

the mortgae was not properly sold to us by the broker and

 

we have recently become aware that at the end of our mortgage we are going to still owe a large sum of money

of which we have no plan in place to pay.

 

We have looked at using a no win no fee solicitor to try and sort this out but we would rather do it ourselves if possible.

 

In all honesty i would rather sell up and move to rented,

sick of all the hassle.

 

What would you advise,

 

i am very ready to pack up and leave.

 

I have also been reading about direct debit claw backs for mis sold products,

 

does anyone know if this applies to mortgages too?

 

TIA Sonway

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