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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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Received MCOL for car sold with almost expired MOT?


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A friend sold his car in late November for £500 after advertising it on a local for sale site.

The friend had explained to the buyer that the MOT had almost run out and that the car needed quite a bit of work.

 

Last week he received a MCOL claim for the full £500 and the buyer stated that my friend sold him a car with a 'false MOT' and that my friend 'withheld the true state of the vehicle's condition'.

 

The MOT was provided by the keeper previous to my friend and after having looked on the Gov website, it appears to be fine.

Surely this can not be a 'false MOT'?

 

My personal suspicion is that the buyer realised that there was more work needed on it than he first thought and decided, over 4 weeks after the sale, to issue a MCOL.

 

Any advice would be greatly appreciated....

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Tell the claimant to "do one" (politely, in case the claimant is daft enough to take it to court!)

 

The MOT gives an indicator of the car meeting the minimum standards set on the day of testing, nothing more or less. It means nothing close to a year later other than the requirement to have the MOT having been met.

In particular, it doesn't mean the car meets roadworthiness condition after the time/date of the MOT.

 

So, this is your friend's defence ; that and the fact they made it clear it "needed quite a bit of work".

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I'm afraid that you can't tell anybody to "do one" because the claim has been issued.

 

The first thing you should do is to tell your friend to file an acknowledgement of the claim and that will give you a further two weeks in order to deal with it – meaning 28 days from the date of service.

 

After that, I suggest that you put up a copy of the advertisement here in PDF format so we can see and understand it. Also a copy of the claim also in PDF format redacted for identifiers.

 

How convinced is your friend that the MOT was genuine?

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I think the MOT appearing on the .gov.uk website is fairly convincing it is genuine.

Almost a year later it'd be hard for the claimant to say it was a valid MOT test station but that the tester should have failed the vehicle.

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I'm afraid that you can't tell anybody to "do one" because the claim has been issued.

 

The first thing you should do is to tell your friend to file an acknowledgement of the claim and that will give you a further two weeks in order to deal with it – meaning 28 days from the date of service.

 

After that, I suggest that you put up a copy of the advertisement here in PDF format so we can see and understand it. Also a copy of the claim also in PDF format redacted for identifiers.

 

How convinced is your friend that the MOT was genuine?

 

The first thing you should do is to tell your friend to file an acknowledgement of the claim and that will give you a further two weeks in order to deal with it – meaning 28 days from the date of service.

He has acknowledged it and submitted a defence, stating that: 1. He had not owned the car for more than the 12 months that is stated in the car ownership history (don't know why he mentioned this?). 2. The buyer was happy to buy the car in the condition that it was in. 3. That he was honest in his description of the car.

The Claim was originally issued on 18 Jan and the Notice of Proposed Allocation was received and dated 24 January.

It says that he has until 10 February to complete the Small Claims Directions Questionnaire?

 

I suggest that you put up a copy of the advertisement here in PDF format so we can see and understand it.

I will try to find this but the website no longer has it on sale, for obvious reasons.

a copy of the claim also in PDF format redacted for identifiers.

Bear with me....

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Which month/year was the "MOT that had almost run out" from?

What was the month/year of sale?

 

Your original post makes it sound like there was almost 12 months between them, while the PofC says "9 days later".

If the claimant just means the MOT was almost a year old, but their MOT attempt was 9 days after sale : it remains that the previous MOT was likely a valid representation of the state of the vehicle almost a year before sale and irrelevant regarding the condition of the vehicle at time of sale.

 

Will the claimant be able to suggest your friend was acting in the course of business / a trader? Or was this a "one-off" / private sale ?

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Which month/year was the "MOT that had almost run out" from?

The MOT was to run out 9 days after the buyer bought the car. Apologies for any confusion, I'm trying my best to get the correct info.

 

Will the claimant be able to suggest your friend was acting in the course of business / a trader? Or was this a "one-off" / private sale ?

Definitely a private sale.

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I don't think you are being confusing, I just wanted to be sure!.

 

 

The claimant (either deliberately or through misunderstanding what the MOT certificate means!) might be trying to paint a picture of "9 days between one certificate and the next test";

 

 

the answer to that is the factual statement

"MOT was 356 days" (or however many) before sale,

and that the only representation made by it was that the one year prior to a new MOT being required hadn't yet run out..

. it wouldn't have made any representation as to the roadworthiness of the car a week or a month post MOT, let alone 11 months later.

 

If a private sale, and your friend said "car needs quite a bit of work on it" ; defence should include that this was a private sale, that because the D isn't an expert, but suspected work needed doing that they said "needs quite a bit of work on it", so:

 

a) the MOT wasn't false; it was almost a year old, and the buyer knew this.

b) No representation beyond a non-expert's concern it "would need quite a bit of work" was made, and thus no concealment of the car's condition occurred. Additionally, the purchaser was at liberty to inspect the car / have it tested prior to purchase.

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no he cant

can you post the claimform as a PDF please

 

 

and the defence that was filed.

 

 

dx

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

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

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

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So, not a perfect defence, but adequate.

 

You'd asked if a defence can be amended : in theory it can, but either:

a) with the permission of the claimant (unlikely!), or

b) with leave of the court (which means making[& paying for!] an application to amend the defence), which the court may or may not grant.

 

So, based on that defence, if the claim proceeds, then your friend could submit a witness statement. Whilst this is a statement of facts, it can be done in such a way as to present the facts leading the court to conclude the points they might have overtly made in the defence .......

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sorry I tried to pop those up as an attachment and lost them

can you pop them up as a PDF please

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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Shall I/he choose to go the mediation route? My concern is that he now lives in Scotland so would be a massive inconvenience to come down for this?

 

Also, expert advice or witnesses?

 

Mediation is done by phone and is where both parties are wiling to come to a compromised agreement. If you are sure that you have not done anything wrong here, then i am not sure mediation is worth it, as it will fail, as soon as the mediation company phone you to ask some initial questions about your position.

 

You don't need any experts or witness evidence at this stage. If the claimant wants to proceed with the claim, then let them do the running, as it is them who has to prove their claim. Just keep an eye on post received as see where this goes. It is easy to issue a claim online, but i suspect a large number are never continued,

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I can't see this claim going further. A £500 car sold with a short MOT, advertised as a project. If the claimant has sought advice on this, i suspect they have been advised they are wasting their time and money. If the repair is uneconomic, that is their problem, as they should have had the car inspected by a mechanic to calculate the cost of likely repairs, before they bought it.

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So, not a perfect defence, but adequate.

 

You'd asked if a defence can be amended : in theory it can, but either:

a) with the permission of the claimant (unlikely!), or

b) with leave of the court (which means making[& paying for!] an application to amend the defence), which the court may or may not grant.

 

So, based on that defence, if the claim proceeds, then your friend could submit a witness statement. Whilst this is a statement of facts, it can be done in such a way as to present the facts leading the court to conclude the points they might have overtly made in the defence .......

 

So shall I still leave the box unticked in the questionnaire regarding whether or not we are calling witnesses?

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And the particulars of claim or the full first page of the claim form Buel10 ?

 

Andy

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And the particulars of claim or the full first page of the claim form Buel10 ?

 

Andy

 

Apologies, I thought dx100uk just meant the defence (which I re-posted earlier) but now see that it is the POC, etc too.

Hold fire....

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Your friend is the Witness to the claim so its 1.

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