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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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Ebay seller threatening Small Claims


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Hi there. Please help!

 

Long story short,

I bought a compass from ebay, listed as "new" for £27.95 total (£25.00 for item, £2.95 for postage) Arrived scratched and damaged.

Informed seller, and sent photos showing damage, requesting to return it for a refund as per eBay return procedure. 

 

They initially refused a refund saying "returns not accepted" and said there was nothing wrong with the item.

I quoted a bit of eBay's returns policy for items sold not as described.

The seller, suddenly, manually sent a refund from within PayPal for £27.95 only but failed to send me any funds to cover return postage/or provide a paid return postage label.

 

I suspect he purposely did not adhere to eBay's returns policy guidelines, and instead did things manually via PayPal, in order to later cheat me or otherwise cause problems during the return postage. Of course, if you transact outside of eBay's procedures and system, then you are not covered.

 

eBay messages sent back and forth. I repeatedly requested he created a paid refund label. He demanded I send it at my own cost, and once he received the compass, he would refund any incurred return p+p fees at a later date. First he said he couldn't create a label, when I linked him to eBay's customer support page so he could find out how to do it, he then claimed he "didn't have time", and finally said it wasn't possible because he'd manually sent a refund.

 

By this time, the tone of his messages had become quite demanding and pressurizing.

From past experience with difficult eBayers, I believed he was going to try something, as I had listed a high-end camera bag on eBay myself and the approx. market value was about £175.

 

I "blocked" his eBay account from bidding on my bag. 

Sure enough, literally immediately after I sent him a very firm, final message telling him to send me the return postage costs before I would return the compass, my camera bag received bids from 2 eBay users who had variations of his uncommon surname, and also his original seller account's username.

One of the accounts was created that day and had zero feedback, the other had a feedback history of about 20 or so.

 

I confronted him about it, in a final message the following day, and he said he knew nothing about it, but his "wife" may have been "causing mischief".

I reported him to eBay.

 

Since then he sent a few more messages but I told him I wasn't interesting in communicating further, and the offer to return it still stands, but only once I have received funds to cover the return postage cost.

 

This was all over the period of about 4 weeks, and I still have the compass and i'm still awaiting funds from the seller to cover return postage fees.

 

Received a letter before claim from the guy today.

He says he will seek to claim £30+ per hour for his time, based on his salary, if it goes to court, and will need to travel from his home in England to Scotland should I decide on a Simple Procedure here.

 

In his letter, he claims he has "offered" to pay for the return numerous times, which is inaccurate as he wants me to post it first, then wait for reimbursement at his discretion at a later date via PayPal.

 

I responded at length to his letter, sticking to the facts and re-stating my position.

Of course, I have proof of all the communications via eBay messages, and also his shill-bidding activity on my camera bag which of course only served to make trust his word even less.

 

Please can you advise what I should do in this case, and if he does decided to take it to court, given the information i've provided, how do you think it would play out?

 

Many thanks in advance for your help, and sorry for the length of this.

 

Cheers!

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Any claim will always be at your local court as you Are the defendant

 

Why didn't you do a chargeback??

Not worth arguing over £3 TO RETURN IT Imho

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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What should I have charged back?

 

To add, I emailed him a copy of my response letter, and this is his response below. What do you make of this?! It seems completely bonkers IMO. I have not received this "third party royal mail" postage label he talks about buying on 3rd March, as I've told him many times now. All I've received is a few messages from eBay, none of which contained any postage labels. Nothing of the sort has arrived in my PayPal account.

 

He seems to be ignoring ebay's money back guarantee returns policy, for items "sold not as described" (as he readily admits below.) so I assume I am in still in the right here?


Private and confidential. Without prejudice.

 
Hi
 
I have not read  your email as I do not accept electronic communications in regards to this dispute which sits alongside your earlier request in relation to not communicating again, please forward anything you feel appropriate in writing, Please consider what you have sent  via email as unread.
 
No future correspondence will be accepted or read/replied via any electronic methods i.e. email, unless of course you are confirming you have used the postage paid label sent to you on March 4th 2019 by eBay to return my item in which case I will consider this issue resolved. failing that I have no alternative than to seek redress via the legal channels.
 
The facts remain Feb 20th 2019 you requested a refund  fair enough I had not seen the damage as it had sat in its packaging since purchase so I just took pictures and posted on eBay, then later that evening you requested a postage paid label, at that time I had no responsibility to refund the purchase price of the item until I received the item back however as i was unable to find the returns postage section on my phone I took it upon myself to refund the amount paid, I repeatedly requested you send the item back and repeatedly requested you send me your PayPal and postage details so i could not find how to sort the returns postage out.
 
On each occasion you refused, eBay confirmed to me which was relayed to you that as I had given the refund they could not do anything about postage labels so again I repeatedly asked again to no avail, to which you then sent a link to a useless article. eventually after nearly two hours I got in touch with eBay and explained the situation
 
On March 3rd 2019 whilst online with eBay I purchased under the explicit instructions and guidance of eBay a postage paid label from a 3rd party and emailed it to eBay at their request, they inform me they have sent this to you alone with numerous messages for you to return the item to me.
 
For the avoidance of any doubt. some undeniable facts!
 
20th Feb 2019 refund requested and given  on Feb 21st 2019 electronic evidence available to prove this beyond any doubt.
 
Item not received details outlined above.
 
3rd & 4th March following repeated requests for you to send me postage costs and PayPal details a Postage label sent to you from eBay emails and chat transcripts evidence beyond any doubt.
 
Receipt for the cost of my purchase of a 3rd party Royal Mail postage paid label beyond any doubt
 
Item still not received
 
I have involved eBay legal department and a relative who is a solicitor as i will be requesting any emails, chat transcripts or other documents relating to this issue including  very specifically the postage paid label proof it was purchased by me and sent to eBay to be forwarded to you.
 
Your whole position is revolving around your hunch/opinion you would lose out on less than £3.00 postage yet not satisfied with me refunding the whole amount or my explanation which I did not have to do until i received the item back, the evidence is very clear I have as previously explained .
 
I have fulfilled my obligations completely in terms of giving you a full refund and paying for a postage paid label which was sent to you by eBay, yet you still have my property. 
 
You ave two choices, return my item which you are withholding without permission despite having a refund and a postage paid label or keep it in which case i am left with no alternative but to follow the legal avenues available to me.
 
Time spent on this email 15 minutes, charges to be added as per my letter, this will be added to the final owed amount, a statement will be sent to you periodically by Royal Mail recorded delivery.
 
Regards

 

 

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All this over £3....

Send it back

You can get free proof of posting at any po counter

Thats all you need

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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No but take the ypperhand.

Do it

Send ebay a coopy of. Your proof and they can see you didnt get the returns slip

You'll get your money theyll take it from his account

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

As the amount he is claiming is so low, this would be a small claim and covered by part 45 rules regarding costs. Meaning the only costs he would be able to claim if he issued proceedings and won would be limited to the court fee.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs

 

i Assume you have not yet opened s “not as described” case on eBay. I suspect the seller refunded via PayPal to prevent you from doing this as it would effect his seller ratings.

 

if you are able to open a case, then do that now and eBay will provide a returns label to you and charge the seller for this. 

 

As the seller is being nasty, I would advise contacting eBay to report him and to get them to step in.

 

also I’m pretty sure that courts accept email as a valid form of written contact, so his childish refusal to acknowledge your email would not stand up

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