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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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Asset Collection/TM Legal - old PDLs - already struck out once!!


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Hi guys

 

will start this " high level" but appreciate we may need to delve into the lower level detail too..

 

In April 2017 a case I was a defendant for was "struck" as an order placed by the judge upon the defendant was not complied with.

Through the post last night I get a new county court for the same account, same claimant but different "solicitor" to send " payments/ documentation though to.

 

Is this REALLY allowed? and if so in what cases?

 

Just strikes me as odd

 

Thanks

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stop talking around corners

name names

you mean you PDL case?

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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Sorry DX, I did say Id start "high level" :-)

 

In April 2017 Asset Collections took me to small claims for a PDL account.

NO reply to my CPR 31.14 request

no reply to the judges order to supply documentation in support of their claim ( CCAs, DNs etc)

No attendance in court.

During the hearing the judge gave both notice that she would allow the DCA an additional 2 weeks to supply paperwork

None received so case struck

yesterday I received court papers from TM Legal on behalf of Asset Collections after the same sum from the same PDL.

No material change in PoCs

Happy to supply any other information you may find relevant

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get the usual links done please

the fact its already been struck out can be referred too later

 

 

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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Name of the Claimant ?Asset Collections and Investigation

 

Date of issue – 07/07/2017

 

Date to acknowledge) = 25/07/2017

 

 

date to submit defence = 08th of August 2017

 

What is the claim for –

1.Asset Collections & investigation claim this amount in respect of an unpaid load funded by the lending Stream.

The defendant failed to abide by the terms of the contract.

Asset Collections & investigation purchased the debt from the Lending Stream and subsequently sent a notice of assignment to the defendant to advise.

 

2.The Defendant has failed to respond from the claimant thus denying the claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable Conclusion.

 

3.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year form 24/06/2016 to 06/07/2017 on £2,000.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.49.

 

What is the value of the claim? Approx £2000

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Payday loan(s)

 

When did you enter into the original agreement before or after 2007? After 2007

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Unable to afford

 

What was the date of your last payment? April 2012

 

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 plan? No

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Have you kept copies of the original claim ?

 

Are the particulars the same ?

 

Have you kept a copy of the General order striking the claim out ?

 

Regards

 

Andy

We could do with some help from you.

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Have you kept copies of the original claim ? I believe so, will check paperwork . I tend to keep everything

 

Are the particulars the same ? Will post them here when found

Have you kept a copy of the General order striking the claim out ? yes electronic and original papercopy

 

Regards

 

Andy

 

 

 

 

 

 

Hi Andy

 

 

will confirm tonight / tomorrow am but

Have you kept copies of the original claim ? I believe so, will check paperwork . I tend to keep everything

 

Are the particulars the same ? Will post them here when found

Have you kept a copy of the General order striking the claim out ? yes electronic and original papercopy

 

Regards

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Have you kept copies of the original claim ?

 

Are the particulars the same ?

 

Have you kept a copy of the General order striking the claim out ?

 

Regards

 

Andy

 

Only differences in their POCs in blue below

1.Asset Collections & investigation claim this amount in respect of an unpaid load funded by the lending Stream.

The defendant failed to abide by the terms of the contract.

Asset Collections & investigation purchased the debt from the Lending Stream and subsequently sent a notice of assignment to the defendant to advise.

 

2.The Defendant has failed to respond from the claimant thus denying the claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable Conclusion.

 

3.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xx/06/2016 to xx/11/2016 on £2,000.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.46.

 

what I will add is that the amount claimed is approx £400 more, presumably additional interest between the last case & this one

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For reference to the original claim dated .2nd Nov 2015...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?455089-Uncle-Buck-amp-First-Stop-Recoveries-Ltd-CLAIM-FORM-***Claim-Struck-Out***/page3

 

I note that we do not have a copy of the previous defence.

 

The particulars in that thread read as follows....

 

1st stop recoveries claim this amount in respect of an unpaid load funded by Uncle Buck Ltd

The defendant failed to abide by the terms of the contract.

1st Stop recoveries purchased this debt from Uncle Buck and subsequently sent a notice of assignment to the defendant to advise the defendant

has failed to respond to any correspondence or communication from the claimant thus denying the claimant any opportunity in assisting the defendant in attempting to bring the matter to an amicable conclusion

 

No mention of section 69 interest above in the previous claim as per your previous thread.

We could do with some help from you.

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So no thread for the previous claim ?

We could do with some help from you.

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So no thread for the previous claim ?

 

 

 

none, my defence ( rightly or wrongly) was "prove it"

 

  • they didn't answer my CPR letter
  • Didn't supply judge the requested info before the first hearing
  • Didn't attend the first hearing
  • Didn't send to Judge after the 1st hearing so they struck it out

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Okay fine...thanks BF

 

So get the claim acknowledged and submit defend all.....I will need the dates you initially sent CCA/CPR request to the first claim and any responses.

 

Claim Number

Date of the first claim.

Date it was struck out ..which court and DJ name.(copy of the Order would be useful)

 

Once we have the above I will draft you a suitable response...this can be submitted more or less immediately ..no need to wait for the prescribed 33 days.

 

Andy

We could do with some help from you.

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

 

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Okay fine...thanks BF

 

So get the claim acknowledged and submit defend all.....I will need the dates you initially sent CCA/CPR request to the first claim and any responses.

 

Claim Number

Date of the first claim.

Date it was struck out ..which court and DJ name.(copy of the Order would be useful)

 

Once we have the above I will draft you a suitable response...this can be submitted more or less immediately ..no need to wait for the prescribed 33 days.

 

Andy

 

 

Do you want this via public forum or?

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Yes except the name of the court and Judge claim number...you can insert that into the finished defence

We could do with some help from you.

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I will need the dates you initially sent CCA/CPR request to the first claim and any responses. CCA & CPR letter received by claimant 28/11/2016 ( POD kept)

 

Claim Number - as you say we will add later

Date of the first claim. Nov 2016 ( exact date to be added)

Date it was struck out ..which court and DJ name.(copy of the Order would be useful) 10/04/2017 ( court and judge to be added later, I still have original )

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Many thanks BF.

 

I will draft a suitable response over the weekend...we have plenty of time.

We could do with some help from you.

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  • 2 weeks later...

Not due until the 8th August BF..have you acknowledged service...must be done by tomorrow.Will draft you a response later this week.

 

Andy

We could do with some help from you.

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Not due until the 8th August BF..have you acknowledged service...must be done by tomorrow.Will draft you a response later this week.

 

Andy

 

 

Thanks Andy

 

 

yes AoS done

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Draft you a response this evening.......promise:wink:

We could do with some help from you.

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Particulars of claim for reference only

 

1.Asset Collections & investigation claim this amount in respect of an unpaid load funded by the lending Stream.

The defendant failed to abide by the terms of the contract.

Asset Collections & investigation purchased the debt from the Lending Stream and subsequently sent a notice of assignment to the defendant to advise.

 

2.The Defendant has failed to respond from the claimant thus denying the claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable Conclusion.

 

3.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xx/06/2016 to xx/11/2016 on £2,000.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.46.

 

 

########Defence########

1. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. The claimants claim is denied having previously issued the same claim on Nov 2016 in the xxxxxxxxx County Court claim number xxxxxxxxx which was presided over by District Judge xxxxxxxx (See exhibit 1a)

 

3 . The claim was Struck Out on 10/04/2017 by the aforesaid District Judge.Therefore the claimant is precluded from reissuing the same claim pursuant to res judicata and therefore is barred from re-suing a winning defendant on the same cause of action. (see exhibit 1b)

 

4. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

We could do with some help from you.

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