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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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PCN for delivering in my car and not van (good vehicle)


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Hi

I wonder if any of you lovely people can help me?

 

I was making a substantial delivery to a restaurant in Beverly ( Catering/janitorial supplies).

I was in my 4x4 as the van was delivering elsewhere.

 

The bay did have a restriction of 'goods vehicles only' but i did not see that.

The traffic warden agreed that she could see i was making a substantial delivery but said that i was using the wrong type of vehicle and issued a ticket.

 

I appealed the ticket giving the copy of the delivery note and explaining that the goods are too heavy and many to park in the multi story and walk with them.

They have rejected my appeal.

 

I am not happy about this and feel this is restrictive to their tenants and their suppliers.

My concern is that I will need to make future deliveries in my car …

how will I do this without getting a ticket or knackering my back by parking in the multi story?

 

Does anyone have any advise or similar situations?

Edited by dx100uk
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Hi.

 

Just to confirm, this week a council penalty charge notice, is it?

 

What is the exact wording of the offence please?

 

HB

 

Hi It was a council notice parking in a parking place or area not designated for that class of vehicle'

 

I understand their point.

They did have signs up and I didn't read properly.

 

However, how can I make significant deliveries in future and how can they dictate what vehicle I should use?

 

I suppose I am disputing the sense in their restrictions.

 

It was good vehicles only.

I understand that the sign was there and I didn't read it.

However, there are a great many companies delivering to restaurants in that area that use estate cars and 4x4's to carry the goods.

 

I would like them to reconsider the merits, restriction and sense of their signs/ restrictions.

Edited by dx100uk
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4x4's are not goods vehicles.

They most certainly can be. However, by the sounds of it, this one isn't.

 

The definition that the TPT will refer to is as a "goods vehicle" is defined in the Road Traffic Act, which says "a vehicle constructed or adapted for use for the carriage of goods or burden of any description". The important words there are "a vehicle constructed or adapted". Or possibly (though less likely) the EU definition of a "goods vehicle" which is "Category N: Motor vehicles with at least four wheels designed and constructed for the carriage of goods."

 

So if we're talking about just a normal passenger carrying 4x4 that you just happened to be using to carry goods at the time, then I'm afraid that the ticket has probably been issued correctly.

 

You can still appeal to the TPT of course, but I'd be very surprised if they ruled in your favour.

 

That said, it might be worth looking for the actual TRO that covers that loading area though to see exactly what it says. If the TRO says "loading only" but the council have put up a "Goods Vehicles Only" sign, then you might well have a much better case to get it overturned. As it's a free search, it's got to be worth a look.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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London tribunal case ref: 2160271291

 

 

This PCN was issued for the alleged contravention of being parked in a parking place or area not designated for that class of vehicle. The PCN was issued at 12.56pm on 27 April 2016 and the location was Lenelby Road.

 

 

The Schedule to The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 sets out the contents required by the Regulations for a valid PCN served under Regulation 9.

 

 

 

Among other things, the PCN is required to state the grounds on which the enforcement authority believes that the penalty charge is payable. Those grounds must be expressed in terms that allow the recipient of the PCN to properly understand the nature of the alleged contravention.

The Council say that the place in which Mrs Harding's vehicle was parked was a goods vehicle only loading bay. In other words, the bay was designated for goods vehicles only. This is not, however, clear on the face of the PCN which states simply that the vehicle was parked in a place not designated for that class of vehicle.

 

 

 

A motorist reading the PCN would not understand from the wording the nature of the alleged contravention because there is nothing to explain the class of vehicle for which the parking place was designated. The PCN needs to identify, whether by wording or images, that the class of vehicle for which the bay is designated is goods vehicles only.

 

 

I therefore find that the PCN was invalid and the appeal is allowed for that reason

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Hi Michael,

 

Thank you for taking the time to respond. I am sorry I am not familiar with your three word abbreviations ... would you mind expanding :)

 

I would like to search the database as I feel it is massively restrictive to their tenants to restrict the type of delivery vehicles and it is entirely possible that the sign will not match the remit so to speak. Do you know what would i need to put into google to come up with their database?. Also as we are still in the EU could I not use the EU definition?

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Three word abbreviations?

 

Are u referring to PCN?

Penalty charge notice.

 

The only issue with that appeal was the council did not represent themselves and didn't take a pic of the road sign. That's why the appeal was allowed.

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The only issue with that appeal was the council did not represent themselves

Yes, they did with their evidence pack

 

 

 

 

 

 

didn't take a pic of the road sign..

 

 

Not quite sure how you know that and even if they didn't, it's irrelevant as that's not the issue

 

 

 

 

 

 

That's why the appeal was allowed.

 

 

No the appeal was allowed becaues the pcn was defective i that it didn't identify the esignated class of vehicle

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Can you put the link up to the actual judgment please for the benefit of the OP.

 

 

What I've posteed is the verbatim adjudication from the London Tribunals site You can find it by searching the Register of Appeals with the ref 2160271291

 

https://www.londontribunals.gov.uk/about/registers-appeals

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Your search has no results

 

If I wasn't on my phone I could post the screen shot

 

Even a search with

 

Mary Harding v Royal Borough of Kingston Upon Thames (case reference 2160271291):

 

Or just Mary Harding reveals no results

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It would be easier for you to click the link and post the url for direct access.

Still comes up with no search results. It might be my mobile tho

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on Tribunals Register of Appeals: https://www.londontribunals.gov.uk/about/registers-appeals

 

Click on 'Access the appellant portal'

 

When new Webpage opens go down to 'Statutory Registers' and click

 

It opens up 'Registers of Appeals' go down to 'Enviromental and Traffic Adjudicators (ETA) and click 'Search' (not the browse button)

 

It opens up 'ETA Register of Appeals and in 'Case reference' put the case ref number in and go down the page and click 'Search'

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  • 3 weeks later...

Hi

 

Is a TRO a 'Traffic Rule Order' ?

I would like to search the register to see what they have as the restriction in that location so I can see it matches the sign - whilst I contemplate what I am to do about this.

 

In the meantime, it would seem that the council have decided that their parking restrictions are too restrictive and have put a sign up indicating a variance to the parking allowed.

 

Now allowing:

1) loading for commercial vehicles 6 am to noon -

 

2) No Stopping except Taxis between noon and 6 am

 

3) Shared use of the bay -

Good vehicles for loading 6 am to noon

Limited waiting between noon and 6 am

 

This puts me and a number of other suppliers at an immediate disadvantage if we use our 4x4 or estate cars for delivery. This I feel penalises and restricts small businesses - unless I am missing something?? HELP !.

 

I don't think I have any choice but to take this all the way otherwise I can not deliver safely to this client at the moment unless I take our van which is 1) not cost effective and 2) its often not available.

 

I have 28 days from 16th Augusts to respond to the Notice to owner.

 

ALL HELP GREATLY APPRECIATED :)

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Desperately trying to get some help or information on this.

Starting with checking what ever a TRO to make sure the written directive and actual directive match and where I can find the TRO register ��

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should be on the relevant council website

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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Hi CAG people,

 

I wonder if anyone can help me?

 

I was making a substantial delivery to a restaurant in Beverly ( Catering/janitorial supplies).

I was in my 4x4 as the van was delivering elsewhere. As a small company we only have one van and so I use my car when the van is not available.

 

The bay in question did have a restriction of 'goods vehicles only' but i did not see that.

The traffic warden agreed that she could see i was making a substantial delivery but said that i was using the wrong type of vehicle and issued a ticket.

 

I appealed the ticket giving the copy of the delivery note and explaining that the goods are too heavy and many to park in the multi story and walk with them.

They have rejected my appeal as I was using the wrong type of vehicle for the delivery.

 

I am not happy about this and feel this is restrictive to the tenants (Restaurant) and their other suppliers.

 

My concern is that I will need to make future deliveries in my car as I am not yet ready financially to buy anther van. Going forward I will not be able to do business with this client as the nearest parking bay that I can use is in the multi story car park round the corner and I can not park there and make multiple journeys with heavy goods.

 

Many other suppliers and small businesses deliver in estate cars and 4 x 4's for much the same reason as myself. If I can show that I am making substantial deliveries and only doing that, why can I not unload this area in the same way the vans are?

 

Does anyone have any thoughts or similar situations?

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