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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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How long can a landlord delay signing the contract after receiving the payment? ** RESOLVED **


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Hello,

 

I am due to move into my new flat on 11 December. I made an offer for it over three weeks ago, which was accepted by the landlord on 18 October (3 weeks ago). I then went successfully through reference checking and all that, and on 25 October (16 days ago) I made the payment for the first month of rent and the six-week deposit, plus various fees (in total circa £4500).

 

The issue is that, as of today, the landlord has not yet signed the contract; the lettings agency say they are trying to get a hold of him but he is not returning their calls, the last time they spoke to him was "some time last week". they say they are sure he will sign eventually but cannot tell me when as they do not manage to speak to him.

 

I am concerned that something may be going wrong on the landlord's side and that he may not sign at all in the end, otherwise I see no reason for such a huge delay. As my move-out date is approaching and the lettings agency keeps telling me that they can't do anything but insist calling him, I am getting more and more worried and am thinking of looking for alternative solutions, i.e. considering finding another flat. But as they have my deposit I feel my hands are untied, at least until either he signs or he pulls back from the agreement.

 

The questions that I have are:

1) Does the landlord have an open-ended option to sign the lease whenever he wants, and possibly never sign? Can he basically keep me on hold until 11 December? Or is there such a thing as a "reasonable time" after which I can withdraw my offer without my incurring in any cost (i.e. I get everything back)?

2) Is the agency or the landlord to be considered liable for any of this? If I need to look for another flat, I will have again to take time off from work, go through the annoying and frustrating flat-hunting again, which I suspended because both of them agreed to signing a contract (as proved by offer acceptance letters, reference checking, deposit, etc.).

 

I am trying to put some pressure to the agency but they are a bit helpless (and useless).

 

Thanks,

 

Daniele

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That's good news, at least you can't be dealing with a landlord who will take off with your money which can be a concern. You've paid the agency and if anything does go drastically wrong it's them who will have to pay you back. Unfortunately you are stuck between a rock and a hard place waiting for a contract. I know it can sometimes be the case that they're signed very close to move in date, even as you pick up the keys.

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Is there any action that I can take to get the agency to put some pressure on the landlord?

 

What happens if eventually he does not sign even the day before the move-in date? I guess I am getting everything back but then I will be home-less...

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There is an unwritten Contract to 'supply/occupy' on agreed date, evidenced by payments made, but not an AST until you sign/occupy.

If either renages before ASTactivated, the other is entitled to limited compensation.

Why did you pay so early?

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I paid so early because the add came on in mid October (for occupancy as of 11 December). Then it took about 10 days for the offer to be accepted and going through references, after which they asked to pay one month + 6 weeks for deposit + fees, which I did on 25 october.

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A while ago a friend nearly paid an agency a lot of money in advance without seeing a contract first.

 

In the process of investigation we visited several agents to ask them their policy and they all said they would not take large sums without first having a contract to sign. At most they would take their fees and a small holding deposit.

 

In this case the agent was suspect and incompetent, and refused point blank to provide a contract.

 

I suggest you review your agent - is it a sound company with a history? Have they given you an adequate receipt? Have they protected the deposit (they should protect the depost within 30 days of receiving the deposit, but there is no reason for delaying)? Have they actually done referencing?

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The agency they have 60 offices in london, I don't think they pose any default risk ATM. They actually requested a smaller holding deposit when the offer got accepted to take it off the market, then they went through referencing via an agency called home let, after which they asked me to pay the rest and said the contract should arrive within a matter of days. To be honest I tend to believe they are in good faith, what I find very suspicious is that they have been trying to contact the landlord for a week now and he is not returning any call.

Edited by Andyorch
removed Agency name
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I spoke to the agency today. All the money I have paid is with them, so it is not in the hands of a yet-unknown landlord, in the worst case scenario it shouldn't be difficult to get it back, apart from maybe the holding deposit and admin fee.

 

As for the landlord being on holiday, I find it quite weird that he accepts the offer, signs the terms of business with the agency, and then does not mention that he is going to disappear for some time, with no access to email. Whatever the reason for his disappearance, if he does not sign in time i am screwed.

 

The question for me now is whether I should start seriously looking for alternatives. My landlord is happy to renew my tenancy but I need to confirm this by the end of next week. I think the most rational and less risky approach for me would be to try to pull out from this new tenancy and extend the old one, if the new landlord is not returning calls by mid next week. Otherwise it may happen that I will have to look for a flat in December and have very few days to do it, which is a nightmare to me...

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You need to read the separate Agreement you have with LA. If you withdraw your Application now, you may only get T deposit returned.

Have you formally given current LL your NTQ? When does it expire?

 

 

Please remove name of LA from your OP.

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The agreement with the LA does say that if I pull out I lose the holding deposit. I went in person this morning and discussed the issue. They said it never happened to them to have such a situation (i.e. landlord disappearing right before signing). I asked that they set a deadline for mid next week so that I can pull out without incurring into any cost. The guy took a note but not sure they are gonna let me do that, the Agreement unfortunately says if I pull out i will lose the holding deposit. However I made it clear that they are not providing the service I am paying for, i.e. mediating between myself and the landlord, and if they do not let me go without extra costs I will seek legal advice for compensation of any cost I would have to face if the landlord does not sign. I will write them an email regarding this to have this in writing. Not sure that works, I am not a lawyer, but for sure I will not let them force me to be in a situation whereby I could find myself homeless on 11 December.

 

The old tenancy expires on 13 December, there was no formal notification by either party, apart from email exchanges saying he would not renew. However, the managing agency has confirmed that I have until the end of next week to decide whether I want to stay in the old flat, that's why I am trying to get the LA to either break my contract, or get the landlord to sign.

 

 

(I don't know how to remove the name of the agency, from the old post, can't see an edit button.)

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Apologies, I forgot posters have only 10 mins to edit a post, but a senior mod has removed the name for you as site rules do not permit identifying Co's or individuals, for your own, and Forum, legal protection.

New LL only has to confirm or not his intention to LA, he does not have to sign anything in person on the day, LA can sign on his behalf.

The LA does not work for you, just the LL, but you can remind them that if property not avail to occupy on agreed date, you may sue LL for consequential expenses ie approx. 14 days in budget hotel/B&B, removal & storage costs for similar duration, additional application fees a LA may require & poss any increase in rent for similar property you may find.

Current LL cannot evict you without due notice, at end of fixed term, but you would be required to give him min 1 month NTQ after end of fixed term. Best solution - negotiate staying on with 1 mo rent paid on 13 Dec.

The choice is yours. Keep us updated.

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There is finally a happy ending to this. On Friday morning I went to the LA and made it clear that I wanted a deadline by the following week, after which I wanted to pull out at zero cost, otherwise I would have held them responsible for the costs incurred in case the letting had fallen through, and was going to seek legal advice in order to safeguard my interests. Then I rang in the afternoon, and they said "Ironically, the moment you walked out of the office, the landlord's wife called saying he'd been ill and working very long shifts, and apologised for not signing earlier" (BTW, typically when you are ill you work very long shifts, don't you?) Long story short, I got the signed contract in the evening. Not sure what happened there, I don't believe what they say, the only conclusion i can draw is that raising my voice was the the only way to make things proceed faster and obtain what was right.

 

Thanks everyone for you contribution!

Edited by danldn76
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