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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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Kensington SPO - warrant for possession - refusing to take payments


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Dear all

I would be very grateful for any help with my situation.

 

I had a SPO following mortgage arrears (£3600) in 2008. Since then I have been making my contractual payments but had missed payments on three occasions from unexpected expenses resulting from direct debits being returned unpaid.

 

I was in a particularly bad financial condition in the last 6 months following an elderly family member falling unwell while abroad.

 

The mortgage arrears accrued to £3400 again and the mortgage company ( a subprime lender) has now applied to the court for a warrant for possession.

 

I panicked and raised money from friends and family to clear off the arrears, but the lender is refusing to accept any payments and instead insists that I send them last three months of bank statements before they would decided whether to accept the payments or not. They insist that until I serve them the bank statements, they can't do anything about the eviction and says an eviction date will be issued in due course.

 

They also made me complete an income and expenditure with them over the phone.

 

I am very reluctant to send in bank statements, since with the financial difficulties over the last three months, I have resorted to payday loans (cleared) and I am very worried this will again jeopardize the situation.

 

I am otherwise in a stable job and would be able to afford my contractual payments going forward.

 

I have raised the money and want to clear the arrears but I am left in this dire situation. With family and young children, it looks as if my fate is sealed.

 

May be someone else on this forum would have had a similar situation and I am sincerely hoping for some advice and help. Apologies for the long post.

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Hi there, have they refused the payment in writing to you ?

 

Also, which lender is it and do they have a telephone payment facility ?

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So did they interrupt when you were trying to pay ?

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No.

I rang and requested, whether I could clear the arrears over the phone.

( I didn't use the automated facility).

 

 

They refused saying that they won't accept a payment unless they have seen three months bank statements.

Also asked how I got the money.

 

 

When I said family, they said the family member has to write to them saying that he/she does not have any financial interest in the property and that the money was given to me as a gift.

It was £3600.

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Try making the payment by the telephone facility, if you have no arrears they can't get a possession order. Let me know if the payment goes through ok.

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Thanks Ell-enn.

 

Yes. the payment has now gone through.

 

 

Wouldn't it be a problem, if they get to know this?

Would I still have to defend the eviction in court, if I don't send in the bank statements and the letter from family member as they had asked.

 

 

On reading the threads here it seems the suspended possession order is valid for life of the mortgage, isn't it?

 

Could the lender still take me to court saying that I could default again in future? It's all confusing to me.

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Hi, you should now write to them saying you have made payment as you are anxious to bring the account up to date and that you felt pressured into giving details for an income and expenditure exercise for which you were not prepared. I can draft an appropriate letter for you to send if you like ?

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Thanks very much Ell-enn

 

I would be very grateful if you would draft me one, when you get time. Would you need any more details from me.

 

I was further researching on the powers of the SPO which seems to hang like a Damocles sword. Once the arrears are cleared, does the SPO automatically become void or could the lender invoke it any time they choose, if arrears arise in future.

 

Some law firms working on behalf of lenders,cite the case of Zinda vs Bank of Scotland, which seems to imply that this is the case.

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Hi, the SPO will continue, but - after a period of time where payments have been kept up (usually around 2 years) you can apply to the court to have the SPO lifted. The lender can object but if you have a good case you can succeed.

 

I will draft the letter over the weekend - just need you to answer the following:

 

How much longer has the mortgage left to run?

Is the mortgage in joint names?

Are you able to make payments every month going forward?

 

It would be helpful if you could complete the affixed budget sheet - it calculates automatically as you fill it in, and will give a better indication of your finances than the one you did over the phone with them.

Budget Sheet.xls

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Thanks Ell-enn.

Something very fishy has happened meanwhile.

 

 

Yesterday when I made the payment the automated system would only take £2000 at a time.

So I waited till today to make the remaining payment of £1697 and then the automated system is not letting me make the payment.

 

The error message which comes up says

"Unfortunately we cannot process your card payment online.

This can be for a number of reasons,

please try again later or contact us"

 

Could it be just a problem with the automated system.

( I do have a leaflet from them which says their payment systems are available 24hrs a day 7 days a week).

 

Its almost as if they got wind of what's happening and is preventing me from making the payments. Would that be possible?

 

I don't know their bank account and sort code, if so I could have made an online bank transfer.

 

 

Are there any other options like a bank draft or postal order I could use. If so what happens if they refuse to accept it?

 

Thanks for the budget form, which I will fill in now.

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I think someone on here had Kensington's bank details - I'll have a look around the forum and see if I can find it. Wait a day or so and try again - could just be a blip in their system

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Dear Ell-enn

 

Hope you have received my budget sheet.

In response to your other questions

 

1. The remaing mortgage term at the end of May 2017 would be 12 years and 6 months

2. It is a single mortgage

3.Going forward, current circumstances prevailing, I would be able to make my contractual monthly payments.

 

Many thanks again.

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Hi, I received your budget sheet thanks , I have sent you a reply

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Hi, did you manage to get the remaining payment done on the telephone system ?

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Unfortunately no.

 

 

When I try the telephone service it gets routed to a a customer service agent, and when I try the online system it says "Unfortunately we cannot process your card payment online.

This can be for a number of reasons, please try again later or contact us".

 

I had a search of the forum too, but couldn't find Kensington's bank details. If only I manage to get them, I could make a payment via my bank. I have no idea why they are being so obstructive and harassing.

 

Do you think, sending them a draft or a postal order would be another option.

 

Many thanks again.

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Just had a thought - did you previously pay by direct debit ? if so you can get Kensington bank details from the DD in your online bank account - you can then use those to make the fast payment (don't forget to put the mortgage account number in the reference box).

Who do you bank with ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Unfortunately no. When I try the telephone service it gets routed to a a customer service agent, and when I try the online system it says "Unfortunately we cannot process your card payment online. This can be for a number of reasons, please try again later or contact us".

 

If you don't already have a screenshot of that online message, try again online ; not in the expectation of success, but so you can show you tried and it wouldn't let you.

 

Then try again by 'phone, recording the call. If they again decline the payment, it is further proof they aren't accepting payments. Then, if it comes to them trying to activate the SPO, you can show that you've been trying to pay and they won't let you .....

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Thanks BazzaS and Ell-enn

 

The direct debit is still in place and money is being collected. But on my Barclays account it only shows the direct debit reference number not their sort code and account no.

 

Getting the screenshots is a good idea, which I will do now and also tomorrow.

 

The sad thing is I have already paid £3410 as arrears fees , £215 (Returned DD charges over the last 12 yrs) , £429.15 as Field Agent charges, £118.64 as Solicitors Charges while my arrears is £1697.97.

 

Many thanks again for all your continuing help.

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If your arrears are only £1,697 why are you trying to pay over £3k ?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Thanks Ell-enn.

Last week when I first tried the online payment system, it said you can only pay £2000 today and I did that. it was after that the system seemed to block any further payments.

 

 

The remaining arrears shown is £1697.

They have been charging £50 pounds per month towards arrears and in the last 10 years, I have paid £3410 as arrears fees.

 

Although I have missed direct debit payments, I have also made several over payments.

There was particular hardship in the beginning of this year which resulted in two direct debits not going. In 2014 and 2015 I had only missed one DD and had made an overpayment.

 

When you try to speak to them, it is very demeaning .

When I said I was expecting a salary arrears payment next month, they wanted a letter from employer saying that I am owed this much amount and that it will be paid on this date etc.

 

 

Completing the income expenditure was another harrowing experience with every expenses ridiculed and questioned.

 

I really hope there is an option without going to court, but at the moment I don't feel optimistic and I am dreading the next batch of solicitor fees and court costs.

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Hi

.

Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator

for treating borrowers who were in arrears unfairly.

.

Claim those charges back plus the interest and tell them not to add any more to the account.

.

There are a few news stories here you can get the info for a letter to send to them.

.

http://news.bbc.co.uk/1/hi/business/8615870.stm

.

http://www.fsa.gov.uk/pubs/final/kensington.pdf

.

http://www.theguardian.com/money/2010/apr/12/fsa-kensington-mortgages-fine

.

http://www.moneymarketing.co.uk/news-and-analysis/mortgages/fca-orders-kensington-to-change-unfair-mortgage-terms/2005762.article

http://www.mortgageintroducer.com/mortgages/236498/5/Industry_in_depth/Thousands_of_homeowners_set_for_big_mortgage_refunds.htm

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 dx100uk

 

I will certainly do that. The FSA fine does not seem to involve Arrears fines and Agent fees (no actual visits) though but includes returned DD fees. But looking at the CAG posts, it seems there is a legitimate reason for claiming back these fines.

 

I wanted to get rid of the arrears first for peace of mind but they are not even letting me do that.

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