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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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hoist ccj set aside [ex Barclaycard] - now new hearing but they have not complied to judges order re deeds


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My first time, so hope I am posting this in the right place?

 

I've got a judgement set-aside against (hey!) Hoist Portfolio regarding an old Barclaycard debt (last payment made August 2011).

 

Judgement was yesterday afternoon (6/11/2017) and now I have to launch a defence regarding BC mishandling of my original offer to settle in first quarter 2012.

 

they ignored all communication from my solicitor and sold the 'debt' on to MKDP without telling us anything about it.

 

Being that BC owed my nearly £8k in PPI at the time, (this was pointed out by my solicitor) and they went on to sell the whole thing on as a bundle,

 

I said in court yesterday that I felt they had mis-sold the debt to the DCA.

Once the PPI was deducted it brought balance down to just over £5k - is that how it works? I'm not sure.

 

Has anyone got as far as this, and what is your experience?

 

The Judge told me to get in touch with the CAB.

If I keep using my local solicitor I'm going to be out of pocket very quickly, even though she's been the most useful person so far!

 

By the way, Hoist Portfolio were asking for over £20k when my research suggests they probably only paid £120 for buy the debt off Robinson Way/MKDP/Barclaycard.

 

Your thoughts and experience welcome - are CAB the right people to deal with this?

 

Fanx!

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do it here...

 

so you have a hearing date?

 

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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Unfortunately Citizens Advice are probably not the right people to deal with this – but on the other hand their advice is free so you may as well make an appointment and see them quickly and then you can compare their advice with what you receive here or anywhere else that you go.

 

Are you saying that the judgement against you was 20,000?

 

Can you give us rather more details please. Also you say that the last payment was made in 2011. What date in 2011?

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27th November is the date I've been given,

but the solicitor (We've just spoken on the phone) thinks this is the date for me to submit my defence, not necessarily a court appearance

- sorry, it's all still very much over my head.

The Judge said she would sent the papers with her judgement to me in the post.

 

Unfortunately Citizens Advice are probably not the right people to deal with this – but on the other hand their advice is free so you may as well make an appointment and see them quickly and then you can compare their advice with what you receive here or anywhere else that you go.

 

Are you saying that the judgement against you was 20,000?

 

Can you give us rather more details please. Also you say that the last payment was made in 2011. What date in 2011?

 

Hoist are claiming £20,160.08

 

My last payment was 1st August 2011.

The card in question expired December 2011.

 

Barclaycard say it was £13,850 in 2011.

They have since paid me £7999.69 in mis-sold PPI, which we asked them to take into consideration to balance the debt. that's when we stopped hearing from them.

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Well if the last payment was on 1 August 2011, then it seems to me that the debt could be statute barred – although what is the date of the claim? Did they get it in before 1 August this year?

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Thread moved to the appropriate forum...please continue to post here to your thread.

 

If you could read the following link and then copy and paste the Q,s and your responses back here to provide a history of the debt/claim.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Regards

 

Andy

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See above..please complete the link then we have the necessary information in 1 post.

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 The National Consumer Service

 

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No...click the link above I have pasted in post #6.

 

This opens another window...read and copy then post then past it back here in your next post with the relevant Questions/ Answers.

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 The National Consumer Service

 

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

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The DCA put their claim in earlier this year, which was >sigh

 

but in addition to filling in the details which you have been linked to, could you please answer the question asked here which is – what date did they issue the claim.

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No...click the link above I have pasted in post #6.

 

This opens another window...read and copy then post then past it back here in your next post with the relevant Questions/ Answers.

 

Value of the claim: £20,160.08 unless you mean how much they paid for it?

 

Credit Card - Originally Morgan Stanley Dean Witter, finally Barclaycard.

 

Original agreement taken out 2nd April 2003

 

Debt purchaser issued the claim - Robinson Way/Hoist Portfolio - they bought it from MKDP

 

I did not receive a notice of assignment, and have had a letter from Barclaycard (following my complaint to them at the end of August 2017) that it is not their practise to tell debtors that they have sold the debt on, which apparently they did "quite rightly".

 

A default notice? I honestly can't remember.

 

Annual Notice of default has not been sent to me.

 

Payments ceased because I was out of work and getting nowhere. Therefore on Job Seekers allowance.

 

Last payment was made 1st August 2011

 

Dispute with original creditor.

I didn't think it was a dispute at the time, I thought we were just trying to come to some kind of arrangement.

 

My solicitor checked some of my old Barclaycard statements and saw that they had been adding PPI payments from when the card was taken out.

 

They were rising incrementally.

She wrote to them and asked them to stop adding interest because of my financial situation and sought repayment of mis-sold PPI, or use it as an offset against what I owed.

(*PPI claim amounted to not quite £8k)

 

Did I communicate problems to the original debtor? Absolutely - and my solicitor did too! See above.

 

I have received a response to my CCA request.

The request was sent on 31st August 2017 to the claimant.

I had a response from their solicitor (by email) on 31st October 2017 as it had formed part of my request to the County Court for Judgement to be set aside, which had been submitted on 26th October.

 

The hearing was on Monday 6th November and the judgement was set aside.

I have yet to receive judgement in the post (it was only yesterday) but I was given a date of 27th November, by which time I gather I am supposed to put a defence together.

 

My point is that if Barclaycard could have been more communicative late 2011/early 2012 I would not now be off work with stress. (I work in a pharmacy. You really wouldn't want me preparing your medication right now).

 

I have been attempting to educate myself in the meantime.

 

Does this help?

Edited by dx100uk
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date of the original claimform 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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By the way, not sure if it's relevant, but the documentation they sent in response to the CCA request was missing some information, did not have my signature on it anywhere, and did not have the date on the Morgan Stanley portion (which was the original credit card in 2003)

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ok so not statute barred then.

the claim was first issued prior to 1st august this year.

 

have you ever sent a CCA request

or

a CPR request

 

since you knew about this claim

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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The CCA request was sent on 31st August 2017 to the claimant Robinson Way (thank you Consumer Action Group).

By 25th October there was no response and the bailiff (he's such a nice guy! What a job!) turned up on my doorstep again.

 

He advised me to ask for a judgement set-aside and gave me the relevant forms to complete, which I did on October 26th.

 

I had a response from their solicitor (by email) on 31st October 2017 as I guess they were responding to the court papers for my judgement set-aside.

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yes we find court bailiffs are nice here too.

 

so they've no dice with that unsigned agreement which is typical of these speculative claimforms

 

for your ref MKDP were purchased by Hoist [HPH2, robbersway etc] so they are the same lots.

 

I gather the judge has asked you to file a defence toward the claim before the hearing?

 

so should be easy to do lots here already from the same players you have.

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

Correct. I had to check with a local solicitor what the heck it meant.

The judge advised me to contact CAB, so I have a case number but getting through to the National Debt Advice people is a job in itself

- put my phone on loudspeaker for 45 minutes until somebody takes the call, anyone?

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pers I wouldn't bother with anyone else

you've found cag now.

 

when you get 5 mins

scan up to ONE MULTIPAGE PDF

the CCA return and anything else of worthiness you want us to see.

read UPLOAD

 

but please remember to redact it all

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

Being that BC owed my nearly £8k in PPI at the time, (this was pointed out by my solicitor) and they went on to sell the whole thing on as a bundle,

I said in court yesterday that I felt they had mis-sold the debt to the DCA.

Once the PPI was deducted it brought balance down to just over £5k - is that how it works? I'm not sure.

 

 

 

Fanx!

could be, the fos seems to agree

'...The business should also consider the possibility that the consumer might have incurred further losses since the debt was sold on as a result of PPI being included on their debt..'

.http://www.financial-ombudsman.org.uk/publications/technical_notes/PPI/redress.html (scroll down)

IMO

:-):rant:

 

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Hope this works.

 

Fingers crossed :!:

 

I've had to split the CCA response in two because even the 'zipped' files were big.

 

Here we go ...

 

Sorry guys, a little self-medication and I'm calling it a night.

 

I don't know what would have happened to me without this website and the forums.

 

Fanx!

Morgan Stanley CCA.pdf

Barclaycard_Hoist_Cohen.pdf

BarclaycardCCA.pdf

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no worries ill sort them soon

g'night

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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