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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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    • 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.
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Hi everyone. Hermes have lost my parcel - a laptop. It had tracking, required a signature and was insured for the maximum of £300, even though it was worth more - I guess I thought naively it wouldn't get 'lost'. I have proof of purchase from eBay/PayPal and showing that I chose to return the item.

 

At the time of booking the website showed no mention of laptops being non-compensation items, although the website does indeed specify them now as non-compensation items (I have screen shots of both the old and new site showing dates). In 2016 I sent an email (which I have on my account) specifically asking if laptops were insurable, which they were. Everything has since changed but was only reflected on the new website and carry guide that went live on the 6th June 2019. I booked my laptop to be sent - paying £17.49 for postage, insurance and signature - on Fri 24th May 2019 and it was dropped off at a local shop later that day. At 19.32 same day, the laptop tracked to my local depot where it got 'lost'.

 

Hermes have denied me any kind of refund or compensation - not even the postage costs, excluding insurance! They are saying the saying that the laptop was a non-compensation item even then, they have also tried telling me that it is a prohibited item. Funnily enough, they have since removed all conversations regarding this matter from my Hermes account as though nothing but the booking and sending took place!! It is beyond a joke. However, I do have screenshots of all my conversations. There's been plenty to-ing and fro-ing over emails/online chats and one phone call to tell me my insurance claim is invalid. Although, I have had to wait - sometimes up to 10 days before receiving a response.

 

Now, I'd like to know what exactly I need to put in the 'letter before action'? I know I need to give them 14days to act, but I also need to know what I can claim for - is it just the £300 insurance, or can I claim my postage and insurance costs too?

I'd also like to know, as a sufferer of anxiety and mental health issues (recurring hypomania condition, which is basically similar to bi-polar), this issue is causing me considerable stress and anxiety. Can I detail in the 14 days notice letter before action that I'll be seeking additional compensation of, say, £50? Or should I not do this yet?

 

So, to summarize.

1. Where can I find out what information the letter before action should contain?

2. How much can I claim for, just the insurance value or the postage and insurance costs as well?

3. Can I seek compensation and if so, should I detail that in my letter before action?

 

Thanks very much in advance

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Please will you post a copy of the website link which you have been using.  The one which excludes or includes laptops.

Did you declare it as a laptop?

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old site

new site

 

Yes, it was declared as a laptop. They have sent emails stating that laptops were never prohibited and in my 2016 email it states that as long as the battery is not damaged, which it wasn't as it was a brand new factory sealed unit, it may be transported within the UK.

 

They have tried telling me that it was prohibited because of the glass screen, but then another email confirms they have never been prohibited 😕

 

Hermes have since removed from my account all conversations I had regarding this matter, but I have screenshots and emails stored.

 

Is there anything else you need to know?

 

Thanks so much for the quick response

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Okay, have you taken screenshots of the new site and the old site? Does the evidence that you have show that at the time that you made the booking, laptops were included and it is only since then that they have excluded them?

First of all what you have here is Hermes up to its old tricks.

It's unfortunate that you declared the value at £300 because in my view this would compromise your claim for the full amount. On the other hand, if you have got good evidence that would convince a court that they have been untruthful in their attempt to frustrate you, then I would say that it might be worth claiming for the full value and seeing whether they might be too embarrassed to take it all the way.

What is the full value of the laptop?

You say that you were returning the item. Does this mean that you were using a cooling off period? In which case you would have been entitled to recover your postal costs from the seller – and in that case I think it is quite reasonable for you to recover your postage costs and the insurance costs from Hermes.

However if the circumstances are different then you wouldn't normally be able to claim your postage costs or your insurance costs.

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No no, I insured the laptop for the maximum amount of £300 payable by Hermes. I declared the laptops actual value of £410 at the time of booking.

 

The item was bought from eBay and was within allocated returns timeframe. But, as I had simply changed my mind, I am liable for the return postage costs. The eBay-provided return label didn't have insurance, so I booked the transport direct via Hermes with insurance to the maximum allowed amount. To honest, I'm not fussed about the carriage costs, it's the insured amount/laptop value I would like back.

 

34 minutes ago, BankFodder said:

Okay, have you taken screenshots of the new site and the old site? Does the evidence that you have show that at the time that you made the booking, laptops were included and it is only since then that they have excluded them?
 

 

The old website does not specify that laptops are non-compensation items, but on the other hand, it does not specify they are allowed!! There is only a list of prohibited and non-compensation items, no list of allowed items.

 

Yes, I have screenshots of as much as possible!

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Well it would be very helpful if you have got a screenshot of the website in existence at the time you made the booking which does not list laptops as being prohibited items.

In any event, you declared it as a laptop. You also declared its full value of £410 and if I were you I would sue for that.

The fact that the laptop was lost is their problem. Even though you paid insurance for a reduced value, my view has always been that it is ridiculous to enter into a contract with somebody on the basis that they will carry out a certain service and then you have to pay extra in case they breach their contractual duty. This is the equivalent of an extended warranty.

I've said elsewhere on this forum that I don't know where this culture has come about in the courier/delivery industry. It's nonsense.

Sue them for the £410. Include 8% interest. Give up the delivery cost and the insurance. – Although frankly I would be claiming for the insurance as well but that may complicate things here because you like a quick fix.

Send the letter of claim. Make it clear what you want. Given their 14 days and then in 15 days issue the claim. They will ignore you until you issue the claim and then it is possible that they will put their hands up or else they may push you to pay the hearing fee but I can expect that once they are completely convinced that you will go to a hearing then they will pay you out. However, of course be prepared to go to the hearing and argue your case. If you feel at all nervous about this then have a look at our court familiarisation guide and think about making a visit.

It's unlikely Hermes will want to defend this because I think that they would not like to find a court holding against them on this point because this is a principle which they tend to throw in people's faces to frustrate legitimate claims. If it came to court and the judge found against them they would find themselves in a very difficult situation. So for that reason they are unlikely to want to defend – also they would find it uneconomical to have to instruct a lawyer and then travel to the court for such a small claim. For these reasons they will probably put their hands up at some point – but be prepared in case they don't.

Keep us updated please

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The screenshots I have are from the 5th June, after I made the booking but before they updated their site. There is no mention of laptops being prohibited or non-compensation.

----------

1. What's the extra 8% for?

2. Can I seek compensation for stress/anxiety caused?

3. I'm not sure what I should put in the letter before action. Do I just detail the basics of my case and the costs I am seeking? Is it as simple as that!?

 

Many thanks for your time thus far

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8 percent is the statutory rate of interest which is applied from the date of your loss.

No – compensation for stress or anxiety is very difficult to obtain and I don't think you'll be able to get in your circumstances. At the very least you need a medical report showing that it had cause you some actual damage.

Your letter of claim should simply outline that they contracted to carry and deliver a parcel containing a laptop computer value £410 and they have breach the contract. You understand that they are refusing to pay the value of the item which they have lost and so you are proposing to take them to County Court and to sue them for the value of the laptop, plus interest plus your court costs if they do not pay you within 14 days.

Send them evidence of the value of the laptop.

While you are waiting for day 15, start reading on this site about bringing county court claim – it's very easy – and also register with the money claim website and start preparing your claim.

On day 15 – issue the papers. Don't bluff and don't be delayed by anything they say.

 

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Hi again, I have issued the 14 days letter before action. This afternoon, Hermes wrote back saying;

 

I am contacting you regarding parcel number XXX,
 
I am sorry for the delay in responding to your query.     

We have tried to locate the whereabouts of the parcel by contacting the depot team and we received a response that the parcel is not located at the depot. We normally provide a much better service than this.
 
I agree that this is not a good one for us. I will note down your feedback and I assure you that we will definitely try to improve our services as we do not want to disappoint loyal customers like you.
 
We will not be able to compensate for  prohibited item Laptop. Due to the length of time parcel cannot be located.
 
I apologise on behalf of Hermes for the inconvenience this has caused. We will make sure this is not repeated in future.

Regards,
 
Customer Service Advisor
Hermes Customer Services
 
Now bearing in mind they kept me waiting up to 10 days at a time between responses with a number of emails, this is a joke. I wrote back briefly;
Then I am left no choice but to submit a case for the county court to decide. The reason so much time has passed is due to Hermes wasting time, coming up with excuses or just plain not answering me for up to 10 days at a time. I have screen shots of everything showing conversations etc, including myHermes website NOT showing laptops as non-compensation items on the old carry guide. Said guide has now been updated and does indeed show laptops.
 
Should my amicable resolution of the laptop costs plus 8% interest not be met (totalling £442.80), then I will see you in court. I will be issuing my papers on 22nd of this month.
Good day
 
Looks like they're not backing down. Oh well, if it goes to court then so be it! Could do without the stress but I'm not having it, such BS from them over many of emails and online chats.
 
 
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They are very stupid. Even the letter they have sent you chose that they really don't appreciate the aspects of their situation.

Issue the claim when you are ready. Don't hang around though

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Will do. And thanks. Just to confirm, though, I sent the 14 days notice in email form, is that ok? Or must it be in writing via post?

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Writing is better.

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send one anyway.

 

with free proof of posting from any po counter.

 

 

 

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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OK, thanks. Should I start the 14 days again, from the date of posting? Or just go by the emailed one which was received today?

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they've replied already

 

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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10 minutes ago, dx100uk said:

they've replied already

 

dx

 

Yes, they've replied. So should I give them 14 days from today (when the email was received by them and replied to), or should I send them a letter and start the 14 days from then?

 

Cheers

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If they have replied then don't bother to write. The email is fine

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21 minutes ago, BankFodder said:

If they have replied then don't bother to write. The email is fine

Ah grand, many thanks

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21 hours ago, BankFodder said:

If they have replied then don't bother to write. The email is fine

Whilst submitting my claim with moneyclaim online, will I need myHermes' customer relations or head office address? Or is just the company name enough?

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Head Office

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On 09/07/2019 at 21:28, BankFodder said:

Head Office

So I've sent several emails requesting Head Office address, but they don't respond. Today, however, they have left me an answerphone message stating they are now willing to compensate me for the laptop! They haven't said how much, though. They sent an email with a claim form to fill out - the same one which was refused in the first place!! So, do I fill out this form and see how much they are offering? I suspect they will only offer the maximum insurance value of £300.

 

I'm not sure what to do now, should I fill out the form and see what they offer or should I ignore the claim form and persist in County Court? My concern is, if I entered knowingly into a contract that only insured the laptop to a maximum of £300, should I settle for this amount or still go for the full amount of £410 plus 8% interest, plus court costs?

 

Thanks

 

Reg

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Simply find the registered address of the company. You can find this on the companies house website – or it should be on their website at the bottom of at least one of their pages. There will probably be a company registration number at the same time.  I had no idea that you are writing to them to ask them for their address. Their address will be plastered all over the Internet and also companies house.

In response to this email, I would simply send them a copy of your letter of claim and tell them that the clock is ticking and that for the avoidance of doubt you want £X X X and you will be issuing proceedings on such and such a date.  Point out to them that they have already refused to provide you with this claim form in the first place and you are now no longer prepared to negotiate your position.

Tell them that if they want to avoid the expenses of defending the claim and travelling down to your local court when the hearing is listed and also if they want to avoid the claim fees and also the hearing fee then they had better that you have a written commitment to pay or you will issue proceedings as promised. Point out them that as they have been completely uncooperative so far you are not prepared to get into any further discussions with them about it. Only full settlement of your claim will be acceptable – nothing else.

 

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