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    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   So, 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. Took 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 assit. 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, shouldnt 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 couldnt afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is mininum they can possbily 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 basically 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, your 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 dissatisifed i was with general customer service and felt they were incompentant, 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 basically 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 strugglling. 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 viscious 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 reccomend (not policy) that if a customer is put onto a payment holiday then they reccomend freezing interest for customer so the debt doesnt 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 appreicated.   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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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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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      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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Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence


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My aged uncle had been paying for his TV licence by auto renewing monthly direct debits despite (despite turning 75 years old 7 years ago). My request for a refund was ignored for over a month, so I made a Direct Debit Indemnity claim and received a full refund for 7 years overpayment within the day from my bank.  It was very simple.

 

I then asked TV licensing for a compensation payment for the interest and they have refused on the grounds they did nothing wrong. It seems they do not take customer dates of birth. This is why  they have no idea whether their customers should be charged or whether they have reached the age for a free license.

 

It seems to me (especially for the benefit of old people), it would be simple to include a date of birth in the application process and therefore automatically cancel direct debits or even reject applications once they become eligible for a free license.

 

My question is, can I insist on interest? I understand statutory 8% interest is only an award if a judge  (at a county court etc) allows it. As I received the refund without going to court, I guess I cannot insist on that interest. However, I hope to proceed to make this scandal more public and seek the interest on his behalf.

 

Any ideas gratefully received.

Its WAR

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Any chance we can see a copy of your particulars of claim ?

 

Andy

We could do with some help from you.

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

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  • 4 weeks later...

£247 judgement today against BBC in default of acknowledging the claim, based on 8% interest.

 

Claim details: 

1. I am xxxxxxxxxx   and hold Power of

Attorney for my uncle Mr xxxxxxxxx of xxxxxxxx

2. Mr xxxxxxx turned 75 on xxxxxx 2014 and was

entitled to a free TV license

3. For the following 7 years, the Defendant

continued to take money by auto renewing direct debits for

Mr xxxxxx TV license.

4. The Defendant ignored my formal demands

dated 16 July 2020 requesting a refund.

5. On 4 September 2020 I claimed the money

back under the Direct Debit Indemnity

guarantee from xxxxxxxxxx Bank.

6. Having received the refund from Mr xxxxxx

bank, I wrote to the Defendant on 14

September 2020 requesting a payment of

interest.

7. On 19 October 2020 the Defendants refused

to make any interest refund.

 

Lets see if they settle or apply to set aside.

Its WAR

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I don't think you should hang around. I think you should put in for immediate enforcement. It will cost you 50 quid – but you might as well put the county court bailiffs in.

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  • 4 weeks later...

Update:

 

A few days after obtaining judgement by default, I receive a letter from MCOL saying the claim form had been returned to the court unserved. But they deemed it as served as long as the address was correct. If the address was correct I can proceed with the case. I decided the address was correct and have paid £77 to instruct the courts bailiffs.

 

Of course, the address might be wrong. But having checked, I can still only find the BBC is at Peel Wing and therefore nothing to suggest the address is wrong. I wonder therefore, whether I may have sued the wrong people? The claim is for interest on 7 years of license fees. Capita are the organisation that deal with the TV license..........Maybe I should have sued Capita (the people who send inspectors to your house and prosecute you if you haven't bought a license).

 

However, in that case, as the BBC were issued with the summons, I would have expected them to issue a defense stating they have been sued in error.  Anyway, for now, I expect the bailiffs will have visited by Christmas and come back with payment in full........................... Unless you guys think differently.

 

Its WAR

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  • 1 month later...
  • BankFodder changed the title to Bailiffs in at BBC obtain 7 years overpayment of TV licence

I've sent an email to a press contact

And one to a journalist at the BBC!

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  • BankFodder changed the title to Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence

:rockon:

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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@Its WAR please could you email your contact details to us at our admin email address. Email address and telephone number please.

There is a journalist in the national press who would be interested in talking to you.

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On 25/01/2021 at 01:58, Its WAR said:

I sent in the bailiffs to the BBC. They collected £350. It made me smile.

you do realise that the BBC will now have to serve their presenters SPAM instead of sirloin steak.

 

 

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  • 4 weeks later...

Story in the Sunday Express 28/2/21. Image also shows a copy of their apology. You will see it only apologises for the delay in corresponding and ignores the substantive point regarding paying interest on the £1000. The apology reads more like a defense and they state they would have defended had the summons not gone astray. Some apology.

008 (2).jpg

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Its WAR

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