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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.
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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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Link/Kearns Claimform - MBNA card debt - +6YRS old***Claim Discontinued***


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Hi all,

 

Been a while since I've been on here.

 

Have received a letter before action from Kearns on behalf of link financial for an old MBNA credit card debt.

The debt is circa 2007.

I haven't been chased on this or had any correspondence on this or made any payments on this for over 6 years for sure.

I have attached a copy of the letter.

Please advise course of action?

 

If I am honest, I have moved address and Link have recently chased me for another one and I feel they are phishing on this one as I basically disappeared for 6 years.

 

Letter attached for advice.

 

Thanks!

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Send statute barred letter. They might not be aware of last payment date and might just issue a court claim in ignorance. Saves you time in dealing with a court claim.

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Best way to go about this by sending a CCA first? And if so, should I send to MBNA, link financial or Kearns?

 

If you are sure about SB status then send that letter.

 

If not sure, send CCA.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?405-Debt-Collection

We could do with some help from you.

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its aphishing trip - ignore

so you've had previous letters then?

 

 

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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I've had previous letters from link before yes about an Egg loan.

This was stayed in court as they couldn't respond to CCA,

 

 

now they've started to send letters about it again,

as I have moved address I didn't respond because they were always phishing letters and nothing ever mentioned about the court case being reopened. It was stayed in around 2010 at an old address of mine.

 

 

Then out of nowhere, this one turns up, I need to double check but am 99.9% sure this MBNA is S/B so here is my dilemma.

 

Do I respond with either CCA or S/B OR do I ignore

because they've never ever had any confirmation of my new address from me or anyone.

I feel like they are trying to test the waters with this letter from Kearns to get me to react one way or the other.

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My personal view is that you ignore a letter before action because you are not bothered about a court claim, as you can and will defend it.

 

But if you received a court claim,

you would send a CCA anyway,

so given that you are unsure about SB status,

you might decide to send the CCA now.

 

 

There is nothing stopping you mentining in the request letter that you believe the matter is statute barred and they should check when a last payment was received on the account.

We could do with some help from you.

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Well, my problem here is that I then confirm to them that I do actually live at this address.

And they then come at me for other things too.

 

I can get the information I need on Monday that will confirm the last date of payment made on this particular debt as I was actually using payplan previously to manage it. So saving grace is I should be able.to get all info without contacting them.

 

What I don't want to do is have to interact with these tricksters if I don't have to.

I'm pretty sure it's phishing and that they know the game they're playing.

Trying to get me to come out of the woodwork so to speak.

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Well that is better that them thinking you might live at your previous address due to no reply and they send the court claim to previous address, getting a default CCJ which you then have to try to set aside,

 

But if you can find out last payment date, do that first. You can't really hide, but don't give DCA's reason to get sneeky default CCJ's using an old address. They somehow can't trace you or get no reply, so they send court claim to previous address.

We could do with some help from you.

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if this IS subject to an old stayed claim then that claim for SB purposes can be ignored

so SB will run from the last payment date BEFORE that stayed case, thus well more than 6yrs ago..

 

 

if its statute barred, then its rather a stupid idea sending a CCA request

as that's blowing your SB theory out the water

doesn't matter if the owner of the debt holds or not enforceable paperwork...its STILL SB'd!!

 

 

now as for running away from your previous creditors and not telling them where you are now

that's is very stupid too..

 

 

as you WILL get CCJ's to your old address EVEN IF the debts ARE SB'd as nothing would be checked and the judgement would be rubberstamped.

 

 

I can see you are old hat here and moved in a crowd that years ago advocated those types of silly things...not today thankfully.

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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With regards to point 1 + 2. Thanks, much appreciated.

 

Points 3+4 that's not exactly the case, but you make valid points and I see where you're coming from.

 

I'll have more info Monday and hopefully won't be as "stupid" anymore:)

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Morning All,

 

This morning I have spoken with Payplan and obtained the information I need so that a decision can be made on the best way to move forward with this without speculating.

 

The fact IS - this is not S/B. The last payment date to Link Financial was 2nd June 2011. This would make the S/B date 3rd June 2017.

 

I Never once received a notice of assignment from MBNA, but I received a notice of assignment from Link in December 2008 informing me that they had been assigned this account.

 

I then forwarded this letter to Payplan whom were dealing with MBNA directly originally with an agreement and then changed the agreement over to Link Financial.

 

I have never CCA'd this or anything at all, so now I am unsure what to do and where to go on this.

 

Any advice would be appreciated as for the best thing to do.

 

Many thanks

 

BonM

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If you don't confirm you are at a new address by responding, then in theory they could send a court claim to your previous address, as that would be in order. Unless it is forwarded onto you, then they would get a CCJ by default and no doubt chase to your new address.

 

If i had received a letter before action, i would have to think there was reasonable chance of a court claim being issued and i would not want the hassle in defending. I might therefore decide to send a CCA request to whoever owned the debt, with a copy to their Solicitors chasing. If they then can't get hold of the original CCA, they can really issue a court claim to enforce the debt. This is on the basis that the CCA was originally taken out before April 2007.

We could do with some help from you.

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What do you mean that the CCA was originally taken out before April 2007?

 

I have not done a CCA on this account, so there would not have been a CCA previously. The Debt would definitely have been taken out 2006 - 2007 circa. But I do not know the exact date it was some time ago now.

 

SO, should I send the CCA request to Link and and copy reference to Kearns too? Is that the best way forward and wait to see what happens?

 

ok I have misunderstood.

I have now re read and see what you are saying.

 

 

Should I contact MBNA by phone and find out when I took out the original agreement before sending the CCA request to Link?

 

What difference would it make if I took out the agreement prior to April 2007?

 

Thanks

 

Bon M

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The Consumer Credit Act was amended with effect from April 2007.

 

 

If the credit account with MBNA was taken out before April 2007, they need the original credit agreement you signed or a copy of it, to enforce the debt in court, IF you defended any claim.

 

If you took out the MBNA account after April 2007, they don't need the original agreement or a copy of it to enforce in court.

 

Send the CCA request to Link and send a copy to Kearns so they know you have made the request.

We could do with some help from you.

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righth so we now know this is NOT the old EGG debt with the old failed court claim?

its an MBNA card they have acquired?

 

 

if this is the case

I would be sending a CCA request anyway

as it serves 2 purposes

puts them to strict proof

tells them of your new address

do that with any other debts that are in the same boat too!!

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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ok last piece of information.

 

The account was originally opened on 25th August 2006. So we know that unless I receive the original credit agreement, this is not enforceable?

 

@DX - yes this is MBNA.

 

I will send the CCA request, I will post up a copy of the letter I have drafted for review, just to make sure I have it correct, prior to sending.

 

Thanks guys for your help so far.

 

BonM

 

oh wow, I have just gone through my files and on the 15th April 2010 I had already sent a CCA to Link Financial regarding this. It turns out they have never responded.

 

I have posted below the letter I sent. Please let me know how I should proceed.

 

Dear Sir/Madam

 

Re:− Link Financial acc no deleted

[template removed] - dx

BonM

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You could send Kearns a copy warning them that their client Link is still not in compliance with the CCA request sent in 2010 and that they should inform Link that they need to comply.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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just sent plink another CCA request

don't worry about kearns

next bloke at the same desk in a diff coloured skirt

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 am curious to know, if I send another CCA request.

 

 

Does this restart the 6 year process all over again,

given the fact that I sent the last CCA request 6 years and they did not respond, which is why I stopped paying them.

 

 

If it does, surely that is unfair, given that they didn't respond 6 years ago and I feel they are phishing and using this to try to get me to react. If you say I should send it anyway, I will. But I am curious as to know if it resets and the 6 years starts again from now?

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Doesn't reset anything

You need to protect against a backdoor CCJ to an old address

As you have not told them it in writing

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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Ahh ok DX, so should I not put my address on the letter?.... How would they know where to send the CCA info (assuming they have it)

 

Sorry this is the part I am confused about. Could you help me understand how / when / under which circumstances would the 6 years start again then?

 

Thanks so much

 

BonM

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