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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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Backdoor Erudio CCJ - old Student Loans


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Name of the Claimant ? Erudio

 

Date of issue – top right hand corner of the claim form 07/10/2020 (estimated from date of CCJ as no copy held at Northants CC

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1. THE CLAIM IS FOR THE SUM OF £4,685.84 IN RESPECT OF MONIES OWING BY THE DEFENDANT ON A CREDIT AGREEMENT HELD BY THE DEFENDANT WITH STUDENT LOANS COMPANY UNDER ACCOUNT NUMBER .....68 UPON WHICH THE DEFENDANT FAILED TO MAINTAIN PAYMENTS.

 

2. A DEFAULT NOTICE WAS SERVED UPON THE DEFENDANT AND HAS NOT BEEN COMPLIED WITH.

 

3. THE BALANCE OWED WAS ASSIGNED FROM STUDENT LOANS COMPANY TO THE CLAIMANT, AND THE DEFENDANT HAS BEEN NOTIFIED OF THE ASSIGNMENT BY LETTER. CONTACT DRYDENSFAIRFAX SOLICITORS ON 0113 823 3402

 

What is the total value of the claim? £4,685.84

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? no
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes
 

Did you inform the claimant of your change of address? yes
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? yes
 

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

Do you recall how you entered into the agreement...On line /In branch/By post ? At college
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

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. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no
 

Did you receive a Default Notice from the original creditor? no
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? no
 

Why did you cease payments? no notifications sent after moving house
 

What was the date of your last payment? last differed on 22/03/2011  

 

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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why don't you email back asking for an update?   dx  

well once you can prove you did not defer within 6 yrs then the debt was already statute barred upon claimform issue

you could wait for the SAR

you could phone drydens and demand they set aside the CCJ by mutual consent FOC to you.

 

i expect they'll tell you the usual BS that a default registered by erudio within the last 6 is when SB runs from but thats complete BS as said.

 

 

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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I have the last ever deferment acknowledgement letter from SL ever made and received if that helps. 

 

Rather than call, would it be better in writing? I find them very intimidating on the phone and went to pieces last time after waiting in the queue so long.

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ideally we like to get these fleecing DCA's on the hop when threatened with a set aside and N244 fee payment clawback , some do when confronted immediately do it FOC there and then. but as you've already phoned you might have tipped them off, but then you had no idea when you were talking about now you do.

 

your call

 

dob't forget also the damage done to your credit reputation by them raising the claim on an SB debt when they know they shouldn't.

 

just remember, if you read a good few erudio threads here, they only went for the CCJ as they knew they'd get a guaranteed backdoor one

if you'd known about it and defended they would have run away as they always do on these SB'd SLC loan 

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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I’ve spoken to Drydens who refuse to admit that the loan is SB’d and refused to set aside thexpected. I expected this as you did say they would probably lie on the phone or give excuses.

 

 The reason they gave was that they wrote to me in 2017 to my old address. They also said that after my call last week that they have sent a query to Erudio. I have recorded it all

 

. I have asked for them to send me details in writing as to why they think the debt is not SB’d and why they will not set aside the CCJ as I asked.

 

I have also said that if I have to file an N224 myself that I will be claiming the fee back from them.

 

What next?

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Them writing to you anywhere doesn't reset the sb clock!!

 

Do you mean they say they sent the default notice there and sb runs from the dn date so they say its not thus sb'd?

 

 

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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Nope

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 thank god for that. I’m going to pieces here. 
 

Does this mean that because they wrote to me at my old address back in 2017 that the debt is not statute barred?

I’m really confused now.

 

I’ve not given any acknowledgement, written or otherwise, of the debt to anybody since 2011 and only spoken to anyone these last couple of weeks when I got a text from Drydens and found out about the CCJ

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already answered that...but it should have said doesn't...sorry..:pound:

 

 

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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Thanks for that. I've had a look and I am just over the limit for help. I do have my grandson living here and home schooling during lockdown but I don't think I can add count him as it is temporary until he can go back to school again.

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Not sure if you need it posted on here but email received today. No mention of my demand for the CCJ to be set aside....

 

Good morning xxx

 

Following your discussion with our office on 22 January 2021, I confirm that I am looking into your query raised and will be contacting our client for further documentation in order to look into the points you have raised further.

 

I will refer back to you once I have received a response from my client.

 

Kind regards

 

Shaun Conway
Litigation Officer
drydensfairfax solicitors
Email [email protected]


Website www.drydensfairfax.com

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and how did they get your email address?

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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Where creditors agree to a set-aside application, it's called a consent order, the creditor does not have to agree to it, and all it does is reduce the application fee from £255 to £100. There is still no guarantee a judge will set-aside the CCJ with a consent order or not. You might end up paying £255 and the judge denies the application.

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ok well we might cut off that method of comms should this get silly and they do force this into court .

lets see what comes forward for 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

no let things run for now.

IMHO yours is not the next move.

 

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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I will sit tight for now. Gosh, its all so damn stressful.

I am also really shocked, after you said to look on the forum at how many others are in the same situation, too.

Thank you for all the help you have given me so far, and others.

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DCA's are scammers sadly 99.9% fall for their mantra.

 

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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  • 3 weeks later...

I received this today from Dryden with a load of pdfs of letters sent to me. Do you need me to upload the pdfs? 

 

 

Good evening

 

We email further to the below.

We received our instruction on the 6 February 2017. We have issued correspondence regarding the balance outstanding and the legal proceedings in relation to the matter. The Court would have also contacted you regarding the Claim and the subsequent County Court Judgment dated 9 November 2020.

We note that you assert this debt to be subject to the Limitation Act 1980 section 5, however, this is incorrect as the account defaulted on 9 November 2016, and as a student loan account, is exempt from the Limitation Act section 5. Documentation from our client is attached.

If you are unable to repay the balance in full please complete an income and expenditure form and return the same to our offices, as there is no formal arrangement in place.

 

You may complete this via our customer website www.drydensfairfax.com/customer, or by telephone on 0113 823 3388

 

We trust this clarifies and look forward to hearing from you.

 

Kind regards

 

Tabitha Bennett
Technical Litigation Officer
drydensfairfax solicitors
Email
[email protected]
Telephone +44 (0)113 823 3388
Fax +44 (0)113 823 3898

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27 minutes ago, Badgergirl25 said:

a student loan account, is exempt from the Limitation Act section 5.

 

that is total BS

 

yes please on the PDF but redact properly first

the date of any DN if issued numerous years after last deferment is not the correct SB date 

 

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

Hi,

 

Yes, I know that now, as you pointed out at the beginning, and thank you as I was pretty unknowledgeable about this before your help. I also know that the date of 9th of December 2016 is NOT the date I defaulted as no correspondence/deferments were made since 2011. How are they allowed to lie like this and what steps do I take next? 

Even though I know it is BS, I am sat here shaking with worry!

I guess that is what those bullies try to achieve at the end of the day.

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documents please...

nothing to be shaking about, what is making you do that...

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... 

Link to post
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