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    • Hi BankFodder, ¬† Thanks for your response, they have finally emailed me back and tried to tell me I'd need to go to Packlink, I have responded saying I don't need to go to Packlink as they were the ones handling the package and were negligent enough to lose it, this has nothing to do with Packlink. ¬† I had a 20 minute argument with Hermes¬†on the phone on Saturday about the same thing as they kept saying "you need to go to Packlink" I eventually asked them how a parcel just disappears into thin air¬†and they actually admitted that even though they told Packlink the item was lost no one has done a warehouse sweep to try and locate it. ¬† They are currently doing a warehouse sweep and will get back to me either tomorrow or Wednesday. So I'll be sure to give an update on what has been discovered. ¬† Thanks toys
    • Stabbed in the back and screwed at the same time you mean, I would laugh but it's not funny is it. This is peoples¬†lives and their families future they are messing with.¬† ¬† I put your argument to NDL without mentioning it as advice from CAG.¬†I also advised NDL the sole nature of the restrictions being against¬†the interest in the property and not the property itself, which is jointly owned.¬†This was their response: ¬† You're likely to find in practice that the creditors will refuse to release the restriction unless they are satisfied that their debts will be settled to their satisfaction. Likewise buyers and their representatives tend to be reluctant to proceed until these restrictions are lifted. Otherwise the restrictions serve no benefit for the creditors. The Land Registry won't allow the restrictions to be withdrawn unilaterally without good reason. We don't purport to offer legal advice on conveyancing issues here¬†so you're best to approach the conveyancing solicitors directly if you wish to discuss the finer points. We can only advise on how this tends to affect such transactions in practice. ¬† They then unilaterally¬†ended the chat! I guess they didn't¬†like my response then? ¬† I have to say that NDL advice makes perfect sense to me: why bother with restrictions¬†if they are worthless in our circumstance; sole debt and joint ownership? why would the buyer proceed to completion from a risk or moral perspective¬†as they have nothing to gain why would¬†Land Registry¬†allow the restrictions to be withdrawn unilaterally without good reason This is a big call and literally makes ¬£000's difference to what we can afford when we downsize.¬† ¬† My gut feeling is once the vultures know we are proceeding with a sale they will hold out for 100%. They will find out if I attempt to¬†negotiate or if a conveyancing solicitor informs them during the conveyancing¬†process. ¬† How do I manage the process so that: The buyers and their conveyancer¬†do not insist on the restrictions being cleared pre or upon completion The vultures do not find out until after the completion date For the time being it's as you advised do nothing.¬†I do need to monitor this and plan ahead though.
    • We believe this firm may be providing financial services or products in the UK without our authorisation. Find out why you should be wary of dealing with this unauthorised firm and how to protect yourself. View the full article
    • We believe this firm may be providing financial services or products in the UK without our authorisation. Find out why you should be wary of dealing with this unauthorised firm and how to protect yourself. View the full article
    • We believe this firm may be providing financial services or products in the UK without our authorisation. Find out why you should be wary of dealing with this unauthorised firm and how to protect yourself. View the full article
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    • Mediator point - Hermes lost my parcel and it is offering just a partial refund of the total amount requested. What's next?. https://www.consumeractiongroup.co.uk/topic/434633-mediator-point-hermes-lost-my-parcel-and-it-is-offering-just-a-partial-refund-of-the-total-amount-requested-whats-next/&do=findComment&comment=5109422
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Drowning with Amex Debt


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Hello CAG,

Bit of a long post, may want to get a cuppa before starting reading...¬†ūüėĀ

 

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. 

 

 

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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.

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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yes take control of your money and hit back...

 

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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