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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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Cabot/Nolans SPC Claim - Old JDW Cat Debt-


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My 2nd time here last time was with Cabot a few years ago, and thanks to the sound advice from you guys it was satisfactorily done and dusted in my favour....
Although i have done this before, i thought id best drop by and just  go through the motions in case things have changed in the legal system or processes.

 

I thank you all again in advance for any help :) 

 

 

name the issuing court: Perth

 

Who Is The Claimant:  Cabot Financial UK Limited

 

Who Are the Solicitors: NoLans

 

What type of action? (Simple/Ordinary):  Simple

 

What is the claim for –

 

1.On or around 03 December 2017 the Respondent entered a Mail Order Agreement with J D WILLIAMS & COMPANY LIMITED under which the Respondent borrowed from them a sum of money repayable on demand. 

 

2.The said agreement was an agreement regulated under the Consumer Credit Act 1974. 

 

3.The Respondent failed to pay as agreed on demand and is in breach of contract with the said J D WILLIAMS & COMPANY LIMITED. 

 

4.The said supplier assigned all rights in the said debt to CABOT FINANCIAL LIMITED on 13 March 2019 and the Claimants have advised the Respondent of same. 

 

5.The said sum of £1,200.73 is the sum sued for. 

The claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent has refused or delayed to do so.

  

D4:

Date of Agreement – 03 December 2017 / Reference Number - #############/Unpaid balance - £1,200.73/Repayment on demand”

 

date of raised claim [or court stamp date from writ or date from ] :- 02/11/2020

 

Last Date Of Service [or from form 07]:- 25/11/2020

 

Last Date For Response [or from form 07]:- 16/12/2020

 

What Documents are listed in Box E2: No Documents Listed

 

Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Catalogue

 

BOX D4 what has the claimant stated: IN FULL

 

Date of Agreement: – Yes
Reference Number: – is this the original creditors account number? unsure

how many digits does it have? 8 Digits
Unpaid balance: - yes £1,200.73

 

BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ]

 

The Claimants request that the court order the respondent to pay to them the sum of £1,200.73

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007? After

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- assigned to a DCA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure

 

Did you receive a Default Notice from the original creditor?  Unsure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

 

When was you last payment:- Unsure

 

Why did you cease payments:- They just snowballed and I couldn’t afford to pay at the time

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

 

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  • dx100uk changed the title to Cabot/Nolans SPC Claim - Old JDW Cat Debt-
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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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  • 3 weeks later...

no-one else has reported this...

it should auto expand the box.

 

but read what is says above then

put it on a sep sheet!

 

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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In scotland from 1st December we can now use the online portal for response, so I ended up chopping up the response over the corresponding boxes online.  I've had a lot going on in my personal life and tbh haven't really given this the attention I should have.  I'll await and see what the courts say because I know tomorrow I won't get a chance to look at this

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which is why we always suggest using the written forms till they get their system sorted out.

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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typically if using the written form you do. the spc rules state you must.

but i'm unsure if filed via the new court web portal. go look.

 

you should NEVER be giving the fleecers nor their dogs an email address ever!

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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Haha, yeah I've read about giving up email addresses. If I did I'd use a temporary email address that self destructs after 24hours and state that all correspondence to myself must be sent explicitly via post.

 

As per I'm just counting on them not being able to produce any paperwork and the court dismissing the case.

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doubtful for such a recent agreement...

was this a BNPL item(s)?

 

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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Oh...😭...

 

It was a catalogue it I think it was like 0 interest for so long then after they upped the credit limit I got hit with interest and higher repayments if I recall.  I could be wrong though.  I just remember it snowballing and getting put to the wayside and forgotten about

Edited by Li4m79
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did you send the claimant a cca request?

 

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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Share on other sites

So received this today from the court just outlining the meeting in February which is gonna be a conference call but it's looking hopeful..

 

The  respondent  has  indicated  to  the  court  that  this  claim  wil  be  disputed. The  sheriff  has  considered  the  Claim  Form  and  the  Response  Form  and  has  given the  following orders:

1:    Case  management discussion The  sheriff  would  like  to  discuss  this  case  with  both  parties  before  ordering  a  formal  court  hearing.

2:  A case  management  discussion is  assigned  for  24 February 2021 by  conference  call,  time  to  be  confirmed.

 

The  Sheriff  has  given  the  following  orders/note:1)  Not  less  than  21  days  before,  the  claimant  is  to  reply  to  the  response,  in  particular  by  providing  evidence  of  the  alleged  debt,  any  contract  between the  respondent  and  the  original  creditor  and  copies  of  any  document  showing  or  tending  to  show  that  the  respondent's  lawful rights  as  a  consumer have  been  properly  discharged.

 

Everything else on the firm was relating to time place etc etc, but this bit stood out

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might be best to scan up the whole thing in case you have missed something.

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

Take note section point i.

is for you too!

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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proceed with what..it's not your court claim its theirs...

 

Case hearing...24 February 2021 by conference call, time to be confirmed.


The Sheriff has given the following orders/note:–
1) Not less than 21 days before, the claimant is to reply to the response, in particular by providing evidence of the alleged debt, any contract between the respondent and the original creditor and copies of any document showing or tending to show that the respondent's lawful rights as a consumer have been properly discharged.

 

...................

 

you need to then make an IA and send it .

 

Take note that:-
i. Not later than close of business two clear working days before the hearing, you must lodge intimation of your position, supported
by reasons, to the court and other parties;

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

thats ok Scotland and the words they use are strange.

intimation means tell for want of another word.

 

IA or incidental Application means you could pre empt this all by demanding the documentation by the use of one.., but the sheriff seems a smart cookie, though i dont like the use of the word tending

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 so could I for example pit in a CCA request at the beginning of February for example and if Cabot don't adhere to the 12 days use that as an intimation of my position? Or am I way off the mark.

 

The way I understand the letter is they are wanting Cabot to produce the correct paperwork to continue?

 

But the last but that you have pointed out now is confusing me a little.

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i don't know why our response form sticky earlier has had the CCA request removed 

i've put it back 

send one to cabot now.

 

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
  • 2 months later...

Just a quick update, I stupidly didn't post a CCA (a hell of a lot going on in my personal life just now) but that aside no evidence had been produced by Nolan's until I go check civil online today and they've posted up letter of assignation and a statement from Cabot with the figure due.  

 

I wouldn't have known this evidence was produced if I hadn't of checked online.  

 

I'm guessing I just have to hold my hands up now? Case meeting in tomorrow morning at 10am.

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