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


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the debt is statute barred already

you cant reset it

even a judge cannot unbar a debt

 

 

just send link a cca request

but ofcourse you put your correct address on it

read the link!!

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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Thanks DX. I apologise if I am coming across a bit simple.

But I am really trying to understand this and where I stand.

 

 

I have read the Statue Barred link you have pasted.

So are you saying that because I took out the CCA in 2006, it is now statute barred by 2012 automatically?

 

My understanding was that as I made a payment in 2011, it could not become statute barred until 2017?

 

I do apologise if this is frustrating you but I really do not understand, nor do I know what I should be doing for the best.

 

 

I also see no point in sending the CCA request if it is Statute barred,

surely I should just be sending the Statute Barred letter?

This is why I am so confused.

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Statute barred applies when there has been a 6 year period of not paying or acknowledging a debt like this. So you are correct that it is not relevant to you and it won't be statute barred until 2017.

 

If you don't have proof of posting for your 2010 CCA request letter, then it might be sensible to send Link another CCA request, but do get proof of posting at a Post Office counter or send recorded delivery.

We could do with some help from you.

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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?

 

but you say later you HAVE paid in 2011

so whats the truth??

 

a CCA request as already said has no regard to resetting the clock

 

GET IT RUNNING

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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Thanks for the clarification.

 

So then back to my previous question. As this is not statute barred and I am sending a CCA request. Does the 6 years start again from today? Can you help me with understanding this?

 

The CCA request is a statutory legal right you have and does not restart the clock in regard to stature barring.

 

Get it sent off urgently and importantly get proof of posting or recorded delivery.

We could do with some help from you.

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

 

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Thanks unclebulgaria very kind and patient.

 

Dx, it's all there in writing. Have a read.

 

Original CCA request sent April 2010.

 

I continued to pay my debtors through payplan.

 

The last of the payments went from payplan in 2011.

There is no lying here.

 

If you've misunderstood, sorry about that, also, you're very rude!

 

People come here to seek help, because they don't know what to do or how to do it. To seek advice.

 

While you are helping people, which is great and I thank you too for your help.

You're also insulting.

 

Calling people stupid and accusing people of lying, shouting (caps lock). It's rude and obnoxious.

Yes you know you're stuff, but it's made me think twice about asking for help now.

 

If it wasn't for unclebulgaria taking the time to explain politely and calmly in a patient manner.

I'd feel totally unwelcome.

I'm pretty sure that's not what Cag is about..

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I don't hate you I hate link

but i'll use any tool in my toolbox to help anyone.

I didn't say you were lying

I needed to nail down what was correct.

 

get that CCA request running

and stop the pontification

if there were issues with sending a CCA we wouldn't recommend it.

which is why we needed the info which was a wee bit confusing from post 1

 

onward and upward..get and nail 'em!!

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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Fair play DX.

 

All done, back from the post office. Sent recorded, proof of purchase in my records and filed and postal order was sent with too.

 

Let's see what happens. :)

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Ok they responded saying that there was no £1 postal order enclosed. But there was as I also have proof of purchase for it and I watched the post office employee put it into the envelope and then seal it with sellotape.

 

They are asking me to resend. But I don't think I should.

 

Thoughts?

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did you staple it to the CCA request?

 

but anyway its quite typical for link to pull these stunts

 

next you'll get a letter thanking you for the £1 payment to the account

also saying that's reset the SB clock I bet...:lol:

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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Share on other sites

No it wasn't stapled. Maybe a schoolboy error.

 

I wrote on the letter and on the back of the postal order "not to be used as payment or part payment for any alleged debt"

 

What's should I do now?

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id let it run.

 

 

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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Share on other sites

wont hurt.

 

 

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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Share on other sites
  • 9 months later...

Name of the Claimant ? Link Financial Limited

 

Date of issue – 23 / 08 / 2017

 

What is the claim for –

 

1. The claimant claims the whole of the outstanding balance due and payable under an agreement referenced ***** and opened effective from 25/08/2006. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant.

 

2.The Defendant failed to make a payment as required and by 30/08/2008 a default was recorded.

3.As at 18/09/2008 the Defendant owed MBNA Limited the sum of £5786.25.

By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2008 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter.

4.And the Claimant claims-

1. £5338.47

2. Interest pursuant to section 69 County Court Act (1984) at a rate of 8 % per Annum from 07/06/2011 to 22/08/2017 of £2489.68

And thereafter at a daily rate of 111 to date of judgement or sooner payment. Date 22/08/2017

 

What is the value of the claim? Amount Claimed £7728.15 Court fee £410.00 Legal Rep Cost £100.00 Total £8238.15

 

Is the claim for - credit card

 

When did you enter into the original agreement before or after 2007? Before 2007 actual date is 25/08/2006

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Link

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Was a long time ago, it's possible but in now way would I have a copy of it as apparently was back in 2008 and I have moved twice since that time, though I have sent 2 x cca requests and neither have been acknowledged or responded to.

 

Did you receive a Default Notice from the original creditor? Unaware of such, would have been in 2008 if done and moved twice since then.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No 100% not the case.

 

Why did you cease payments? the last payment made was 2nd June 2011, I ceased paying further due to no response from CCA requests and account was put into dispute.

 

What was the date of your last payment? 2nd June 2011

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planlink3.gif? Yes, I entered a DMP through Payplan and the last payment made by them on my behalf was 2nd June 2011 as informed by them when I queried this back in November 2016. I still have the proof of posting and payment for CCA and Postal Order from November 2016.

 

I sent a CCA request in 2010, no response.

 

My last payment through my DMP was 2nd June 2011 due to not ever receiving a response to my 2010 CCA request.

Link have not had any further acknowledgement since that point or anything since that point from me

 

I sent a CCA request in November 2016 due to receiving a LBA in November 2016. No response.

 

I have now received in the post a Claim Form.

It is my understanding this is now Statute Barred as the last payment made and any acknowledgement made toward this debt was June 2011.

 

My view here is that the numbers they have entered are also wrong...

what sort of figures are these they are claiming on the particulars?..

 

. I am figuring just send a statute barred defence,

could you advise if this is how it should be approached.

 

I am currently reviewing threads like this on the site too and looking up statute barred defences.

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A bit silly that in their particulars of claim they seem to confirm the debt is statute barred, when they request interest from 07/06/2011 when presumably they did not receive payment under the DMP you had running.

 

So yes it does seem to make sense to acknowledge receipt of the court claim online saying you will defend in full and then enter a statute barred defence.

 

As there is no hurry, wait for others to offer their advice.

We could do with some help from you.

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thanks UB. Will do.

 

Hrm... they did respond to my CCA sent in November, claiming there was no postal order enclosed.

 

I have the proof of purchase of the postal order along with the proof of postage for this.

I reckon they are going to show a summary of a payment made recently which was the £1 PO and reject my defence that it is Statute Barred.

 

I am reading that this is very common for Link Financial to do this

 

also unsure how to set that out in my defence.

 

Will await any more thoughts and just acknowledge my intent to defend for now.

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When you do your initial defence, it is only very basic e.g debt is subject to limitations act. It is only later on that both sides provide more information, but it probably won't ever get that far.

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

 

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

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moved to legals and retitlted

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

send a new CCA Request to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

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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you are quite safe to file the statute barred defence now on MCOL too if you wish

 

 

The following defence is all you need if it is SB

 

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

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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Share on other sites
  • 2 weeks later...

today I received a response from Kearns to my CPR request.

Uploaded as PDF for you.

Thoughts please?

 

I've yet to file my defence as I was curious to see what they came back with and I still have quite a bit of time to do so.

kearns no documents.pdf

Edited by dx100uk
8Mb pdf reduced to .4Mb- dx
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doesn't matter what they hold

doesn't undo it being statute barred

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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