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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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Mortgages 2 Has Started Court Proceedings to Repossess My Home


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I was unable to pay the mortgage for about 10 months, but then I got a new contract and was able to set up a standing order which was larger than the statutory amount. I decided to pay this larger amount in order to gradually reduce the size of the shortfall in a way that I could sensibly afford.

 

Prior to my first default I was actually overpaying over a number of years, so that my 10 months gap was actually only 4.6 months on the balance sheet (this is acknowledged by the lender).

 

I have already given Mortgages 2 my assurance, several times, that I will be able to overpay them every month over the full term of the mortgage. Despite this they have started legal proceedings to repossess my home.

 

The really odd thing is that they started their proceedings against me after I had set up my standing order to pay them more than I needed to!

 

They have now had 3 uninterrupted monthly payments and still have not stopped proceedings. They are using Moore Blatch and the court case is in early July.

 

Mortgages 2 are no longer in the mortgage lending business, and are obviously keen to recover all of those pesky mortgages and get their hands on the money for whatever new venture they have up their corporate sleeves.

 

My defence is based on exactly what I have told you here. But what can happen? Will a judge really allow me to be made homeless when I'm regularly paying a larger sum than I need to? This is crazy!

 

 

Does anyone have any views on this?

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If you are able to prove you have made overpayments and can continue to do so, there is no way a judge will allow the property to be repossessed. Please read the link in the post above and then come back if you need any further help.

It would be a good idea to write to them stating how disappointed you are that they have decided to bring repossession proceedings when you had already reached a payment arrangement to clear the arrears. If you need help with the letter please let me know and I'll be happy to draft one for you.

You can then add a copy of the letter to your defence so the judge can see that you were already in discussions with them and had made an arrangement which you have stuck to.

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Thanks for getting back to me.

 

I can produce evidence that I have been making payments over and above - from my bank statements, etc. That's easy.

 

The problem is that they will say that they never agreed to this. So that this isn't a formal arrangement!

 

Mortgages 2 are a funny lot.

They refuse to use email.

Instead they phone me up a lot.

 

I had already asked them NOT to phone as my mum was in the last stages of Alzheimer's in a care home and a phone call would signify the worst.

everyone else agreed not to phone me (including friends) and use email instead, but Mortgages 2 insisted on phoning.

 

I had to block their number.

I think they took issue with that.

 

There was never an actual agreed arrangement.

I just gave them my word and they said they wanted a list of income and expenditure which was impossible for me to supply because my income was not fixed, as I am self-employed.

 

Another matter:

I was dealing for years with a company called Mortgages plc.

what it said on their letterhead.

 

But now I'm being taken to court by a company called Mortgages 2

Presumably they are trying to pass themselves off as the same company

Will the judge be impressed by this, I wonder?

 

A third matter:

Mortgages 2 is not in the mortgage lending business any more.

They do not provide mortgage lending and have not done so for a number of years.

Therefore I think that they will use any excuse to repossess their customers' properties in order to re-liquidate their assets.

 

If only us pesky people hadn't taken out a mortgage with them in the first place!

 

So it's a bit unusual for several reasons.

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What, in just three months?

 

No. But the money I am paying over and above the statutory monthly repayment is designed to do exactly that and will reduce the outstanding arrears amount to zero in about 30 months.

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Just for the record, I attended the repossession hearing today at my local court.

 

The lender's request for repossession was thrown out (the judgment was "suspended").

 

It is ironic that today was the very day that my third consecutive OVER payment went through to the lenders.

 

I showed the printout of my bank statement to the lender's counsel and to the judge.

 

Would you believe that the lender, Mortgages 2 Ltd (aka Mortgages plc) would not believe that the money went through as

- in theory

- it takes 24 hours to clear.

 

The judge was fairly convinced, though!

 

So thank you, Ell-enn and other CAGgers who correctly predicted this outcome.

Edited by dx100uk
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well done

now get an sar running to them and get back any unlawful fixed fee penalty sums and any stupid extra insurances and PPI they made you take out.

the only thing that must be inplace is building ins

and if you already had that they cant charge you for 'theirs' too.

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.

 

Would a SAR be appropriate?

They did say they'd charge me £35 each for each month that went by without an agreement being in place.

But I believe that they refused to put an agreement in place

(in other words, agree to my agreement to overpay them every month)

so they could charge me this amount every month.

 

But if their small print says that they are allowed to charge me £35 every month that the agreement was not mutual, then surely that means they are justified in charging that.

 

How do I justify getting that back?

OR are ANY such fines defined as "unlawful fixed fee penalty sums" as construed by consumer law?

 

If that is the case then how could they possibly justify charging them in the first place?

 

(I'm a bit confused here!)

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fines no unlawful penalties under FCA rules

arrears fees

letters fees

phone call fess

debt management fess

all need to be removed from the outstanding balance & at THEIR int rate compounded too!

 

any fixed sum [£20,£35 etc - its a fixed sum not varying ..so MUST be a penalty] are considered unlawful.

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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Well done, you must be be very relieved :)

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

 

 

This site is run solely on donations

 

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I wouldn't go antagonising them just yet...they will still be licking their wounds...let the dust settle and stick to your agreed monthly payments.

 

 

Andy

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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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But not when you have just avoided a Repossession Order :wink:

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The lender's request for repossession was thrown out (the judgment was "suspended").

 

Are you sure they weren't granted a Suspended Possession Order?

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We could do with some help from you.

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I was told that the order was suspended. As I wrote in my earlier post, the judgment was "suspended".

 

 

So that means I get to stay in my home and that the lenders, Mortgages PLC, lost their case.

 

 

As far as I'm aware, that's what it means.

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There is no Judgment.....its an Order and the Order can either be dismissed or suspended......suspended as long as you maintain the agreed payments...if you default then the claimant has provision to take it back to court.

 

There are Outright Possession Orders.....the court has decided that your mortgage lender can repossess your home.

 

Repossession Orders .....which can be suspended providing you stick to the agreement set by court

 

Money order......This means that you have to pay the lender the amount set out in the order.If you don’t make these payments money could be deducted from your wages or bank account

bailiffs may take away things you own

 

Possession order with money judgment.....A money judgment is usually added to a possession order. It means you owe a specific amount of money usually made up of:

 

your mortgage arrears

court fees

your lender’s legal costs

 

 

A money judgment won’t apply if: you pay your mortgage arrears and any amount set out in a suspended order

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In short a suspended order means that the repossession is put on hold as long as you keep paying in line with what is agreed in court. Although if you miss just one payment or even make it a day late, then the lender can apply to the court for an eviction order without a further hearing, as you had broken the terms of the suspended order - you would then have to apply to the court to have the eviction stopped.

 

 

The paperwork from the court will most likely state that The Order for Repossession has been granted BUT is suspended on terms i.e. that you make payments of xxx each month in addition to your contractual monthly payment.

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

 

 

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That's exactly what is was. The court agreed that I was making overpayments which were acceptable and which would reduce the arrears.

 

 

I haven't had anything in writing yet.

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  • 2 weeks later...

dx100uk, Hi. I got a response from Mortgages PLC today saying that they don't think that the signature in my SAR letter is mine because, according to them, "the signature/s provided do not match our records".

 

Well, that's a new one! I have a copy of the original mortgage agreement and a copy of the SAR letter and it seems to me to be incontrovertible that they are by the same hand.

 

They go on:

 

"Under the General Data Protection Regulation we are entitled to a period of one calendar month in which to provide the information. The one calendar month period does not begin until we receive the following:

 

"Proof of identity [as cited above]. An original or certified copy of a passport or driving licence is acceptable."

 

Cheeky monkeys! Are they right, do you think? And what does "certified" copy of a passport mean?

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Typical...id send them a copy of any of their court papers

They cant argue its you then!!

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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