Jump to content


  • Tweets

  • Posts

    • 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
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

  • Recommended Topics

Replacement vehicle rights during rejection 30 day period or costs covered? 40th brithday pressie


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 854 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

Needing some advice and guidance, will keep this to the point and hopefully someone can help,

 

It was a 40th treat for myself which makes it even worse for me.

 

Viewed a vehicle on 04/11/18, at a Lookers dealer in Carlisle, 70+ miles from our home address, Paid full screen price, £12,500, paid £8000 on debit card and £4500 on finance, asked for a few cosmetic repair's to carried out as well as serviced, mot'd and fully valeted.

 

Got train back to dealer on 17/11/18 with wife and kids to collect vehicle, only thing was it hadn't been cleaned at all well apart from that happy with vehicle and service received.

 

Drove home, on returning home (82miles covered) not even 3 hours into ownership the vehicle has smoking badly from under the vehicle, the transfer box on the transmission had been leaking all over the exhaust and underside of vehicle causing the burning smell and smoke when arriving home.

 

So at this time on a Saturday night the dealership was closed so emailed the salesman. The workshop manager contacted us Monday to arrange vehicle collection as they wanted the option to repair the vehicle at the purchasing dealership (which turned into a joke), the vehicle was collected on a trailer (20/11/18) and took back to Carlisle. The oil leak was rectified and the vehicle returned to my place of work on 23/11/18.

 

I took delivery of the vehicle as the leak seemed to be rectified, when I left for work I tested the 4wd system which displayed a fault, contacted the general manager as it had been passed to him to deal with and verbally agreed he knew the 4wd was working prior to repair as he drove the vehicle when it was traded in, as I also knew it was working as I tested it before purchase.

 

He contacted me to let me know he had booked it into the Lookers Ford dealer nearer to my home, great, dropped it Monday 26/11/18 to be inspected Tuesday, this didn't happen, the inspection took place on Wednesday, they condemned the transfer box, the General manager from Carlisle contacted me to state a new one would be fitted and he had authorised the repairs.

 

Collect the vehicle 03/12/18 far dirtier than when I dropped it off :-x and to discover a second-hand unit had been fitted not new, which has now shown a fault 1 day after the replacement transfer box.

 

I'm at the end of my tether. Now this is where my problem starts...…. and for my post needing help!! (sorry for the long post)

 

I don't think for one second they will challenge my rejection as he has already made this a evident to me over the phone. We have been more than reasonable and in turn they have been fine with us.

 

But.. Its a 63 reg vehicle and only had 44K miles recorded and had a very high spec. if I'm just to simply take my money back and finance cancelled there is not another vehicle on the market to replace this one for the same value, some are £2000 plus more, I may be being stupid but I don't see why I should now be without a vehicle because of Lookers incompetence or having to be another £2k plus deeper into a vehicle. Not including all the cost to collect the vehicle etc.

 

Is there any advice on how to progress with this? I want the vehicle that was described to me at initial purchase, however I have lost all faith in the one I have.

Are they obliged to find me one either from group stock or from an alternative source? and if they are and it is at a higher price - do I have any rights with them to ask them to price match for the one I bought? I don't see why I should be out of pocket and back to square one, after viewing a few vehicles before purchasing this one.

 

Thanks

Link to post
Share on other sites

I think you are absolutely right. You should be able to claim for a vehicle of equivalent value or else a refund of the value of the vehicle rather than the price.

 

We are talking here about fairly esoteric contractual principles – but I don't see why they shouldn't be enforceable.

 

However, we are talking outside the Consumer Rights Act.

 

Contract law doesn't protect people from making a bad bargain. This means that if the dealer sells you a £10,000 vehicle for only £5000 – and it fundamentally doesn't work, then you should be able to recover the value of the vehicle rather than the price you paid.

 

You can be sure that it will become complicated because the dealer won't understand this and am quite certain that it will lead to a court action.

 

Your problem here is that even to get a refund of the price, you are looking at claiming £12,500. You haven't told us what you think the value of the vehicle is – but on the basis that you seem to be suggesting that it is far more than your purchase price, it seems to me that you may be claiming £15,000 or more.

 

This takes you outside the small claims limit and this means that if you happen to lose, you will be liable for the other side's costs – as well as your own.

 

I think that this is something that you need to factor in when making your decision about what you want to do about the problem.

 

Furthermore, if you decide that you want to pursue the dealer for the value rather than the price, then I can fully expect that you will end up in a conflict which could last anything from six months to a year. On the other hand, you seem to be confident that they are prepared to refund you the price and in that case you may will find that the whole thing is over in a couple weeks and you will have your money to go and spend elsewhere.

 

Tell us what you want to do and we will help you. It's very lucky then that you have been here since 2012 and you have read our customer services guide and you have implemented the advice there. Well done

 

By the way, are the dealers - Lookers?

Link to post
Share on other sites

Thank you for your swift reply. I wanted to be armed with the best information prior to contacting the general manager again and you have been a great help so thank you.

Not wanting to over complicate matters if I was to return the vehicle, cancel the finance and receive a refund then submit a request for the balance of the £12500 purchase price and the circa £15,000 for a like for like replacement how would I stand?

Or does it all need to be dealt with as one issue?

I feel I am willing to take the long view on this as we have been more than accommodating and understanding, as I have a motor trade background, throughout the whole process.

Link to post
Share on other sites

Your red line should be that you recover all the money you have spent including any associated costs and interest. This puts you back into the position you would have been in if you had not entered into the contract.

 

The maximum that you can go for, as I have already explained, is the value of the vehicle plus associated losses so that you would be placed in the position that you would have been in if the contract had been executed correctly.

 

This does not have to be dealt with as one issue, so long as you don't put yourself in a position where it can be said that you have accepted some kind of payment or refund or replacement in settlement of the entire matter.

 

I suppose that if you manage to recover your outlay and then you wanted to proceed for the difference between your outlay and the value of the vehicle, this would have the advantage of bringing your claim well within the small claims limit if you decided to go to court.

 

Don't expect to make any friends

Link to post
Share on other sites

I expect like BF says, you would have to take them to court and sue them for the difference between £12,500 and £15,000. I dont imagine proving the vehicle is/was worth £15,000 will be easy. Cars are worth what someone is willing to pay for them.

 

I imagine what you may be better off doing is suggesting as a compensation for your inconvenience, that Lookers put you in a like for like vehicle at their cost.

Link to post
Share on other sites

always better to write than email, gives you apapertrail

for extra impact send it signed for

shows you mean business

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... 

Link to post
Share on other sites

Hi, sorry I forgot to reply to bank fodder, yes the dealer in question is Lookers in Carlisle its the multi franchise site, Nissan Renault and Dacia I believe, not the VW on the same estate. Thanks for all the advice and points up to now you have been great as per!!:-) Lets see what today brings. Thanks again.

Link to post
Share on other sites
  • 2 weeks later...
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...