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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.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      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.
       
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Lowell claimform - old morses club doorstep Loan


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Nothing.... let them proceed to allocation....is everything else in order.....Default Notice ?

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I have not got a copy of the default notice mate, it just says in that letter that 

 

The original creditor has confirmed that the default notice was sent to you on 2 june 2019.

 

Regards.

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Then they will have to evidence so....some judges are quite keen on this point some not so you take your chances.

 

Read the following....take note of the process after submitting a defence.

 

https://www.consumeractiongroup.co.uk/topic/417987-idem-pap-loc-now-claimform-1995-mbna-card-debt-claim-dismissed/page/5/#comme

 

https://www.consumeractiongroup.co.uk/topic/419797-lowell-claimform-old-vanquis-credit-card-claim-dismissed/page/4/#comments

 

We could do with some help from you.

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what puzzles me is the sale of thid debt so quickly by the OC.

something must be wrong but i haven't spotted it yet...

 

and you never contacted the rep or morses with regard to payment issues?

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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Will do andy.

 

Yeah dx I had spoken to the agent hence the lower amounts being credited.

 

I couldn't really afford the loan in the first place and shouldbt have taken it out and only made the 2 full payments required before I couldn't afford to anymore.  

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so morses know full well they could be subject to an irresponsible lending claim.

get the court case out the way

- seems like you have a good few loans in the past that might fall under IRL claims?

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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  • 2 weeks later...

Apolagies dx I thought I had replied to you.

 

Yes agent knew I was struggling hence the low payments.

 

I have today received a letter from lowell and I am going to assume from the wording that they dont have the default notice.

 

Letter is as follows and also includes another copy of transactions and also credit agreement.

 

" We refer to the above matter in which we act for the claimant.

 

Further to the contents of your letter and your defence we note you have pleaded an entirely technical defence in which you admit to entering the agreement.

 

We note that you deny paragraph 2 of the particulars of claim and allege you were not served with a default notice. The particulars of claim does not mention a default notice and only a termination of the agreement. It is quite clear from the terms and conditions you agreed to maintain the payment schedule of the loan.

 

As can be seen from the statement of transactions from the 26th january 2019 you were making repayments under that amount specified in the agreement. You were therefore in breach of the agreement at that point.

 

It is also noted that your agreement is a fixed term loan which, if you made the required payments, would have ended on or around march 2019. As you failed to comply with the fixed term the sums that you had not paid became due at the end of the fixed term loan period.

 

Morses therefore had no reason to recall the sums early as you were to have repaid the sums as per the loan agreement. Therefore, any service of a default notice pursuant to s.77 of the consumer credit act  1974 would not be required  morses have however have confirmed one was sent to you on 2nd june 2019 after your final payment on 27th march 2019 in the sum of £5.

 

We note your request prior to filing your defence documents relating to this matter. It must be noted however our client has been attempting to contact you since the matter was assigned on 5th September 2019.

 

Our client wishes to settle this matter without further increase to the balance as a result of legal proceedings continuing. You will note the assigned balance of £715 has increased due to the claim being issued.

 

We invite you to contact our offices with realistic offers of settlement. Our client is willing to accept a one off payment in the sum of £650 which can be paid by one or 2 installments. Once payments have cleared the court will be notified proceedings have concluded and your account will be closed.

 

Please note if the matter proceeds and further costs are incurred our client will seek to recover them from you. We look forward to hearing from you.

 

Lowell

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aw how nice of them, they offer a discount of the speculative court fees...:pound:

wriggle wriggle little lowells

 

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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Suppose so if you have accepted and agreed to the terms and conditions.

We could do with some help from you.

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thats tame too

some of the provi doorstep loans were +1500% 

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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You could complete the above and have it ready for when you get your submission date.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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  • 3 months later...

well if you are still missing documents...to make an informed decision to enter into mediation....

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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4 hours ago, dave466 said:

If you can't answer YES to all statements, mediation is NOT suitable for your case and you must contact us to cancel

 

don't know how long that statement has been said by them..

 

i'm not really sure if since covid or if any changes might have been bought in, that the mediation service now has more 'customers' and more emphasis on them trying to settle cases puts them under anymore pressure to ease the courts load...

 

 but typically we advise to let the mediation process run until the day of the call when the same statements are asked,  thus showing you have been willing to give the claimant as much time as possible to give you all the information to make an informed decision to enter into the process or not, then to say no if they haven't

 

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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So I am expecting the call today between 8.30 and 12.30 from Mediation. I am still yet to receive a copy of the default notice. 

 

Regards.

 

Lowell have said they have sent me a screenshot of the default notice which I said I havnt received. 

The mediator has said he's going to get them to email me a copy?? And he will call back in 5min.

 

What do I do now?

 

Thanks

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Wait for the screen shot.......check its validity.....or post it here for opinion....and advise the mediator that your seeking advice and will have to adjourn the mediation till a later date ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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This is what they have sent.

 

It's just a screenshot of their computer with a file saying letter sent, not an actual default notice. 

 

U told the mediator that it was not an acceptable default notice what they have sent.

 

He said that lowel have stated that as per terms and conditions the default is automatic as its a fixed term agreement and its in the t and cs.

They also stated that they have won many cases along these lines.

 

The mediator then said that he will pass the case to the courts.

default note.pdf

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:becky:   Whats that suppose to be.....does it look like a default notice issued pursuant to section 87(1) of the CCA1974 ?  

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Exactly mate that's what I told mediator and he went back to lowell and they said that because the t and cs stated it would default automatically on missed payments etc.

 

I told him I needed the propper default notice before I could think about Mediation so he said he would have to send it to the courts.

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Let it proceed to court

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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