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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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Directions non-compliance letters


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Lloyds, or rather SC&M, are getting very sloppy lately and are missing deadlines left right and centre, particularly orders to submit their court documents.

 

It has become clear that ringing to chase them up is fairly pointless and perhaps even counter-productive - in most cases they'll just give you the run-around.

 

Instead, if they breach an order to submit documents, it is suggested that a better way of chasing them is by letter.

 

By doing so you have something to show to the court to document the abusive way they conduct their litigation, plus you don't have to suffer the rudeness and sheer arrogance of (most of, not all) the Sechiari staff as you do when you ring them.

 

Firstly, on the day their deadline expires (or as soon as possible after), send SC&M the following letter enclosing a copy of the courts order. If possible, send a copy by fax (01273 745356) as well as post, and also send a copy to the court.

 

[You]

 

 

Sechiari Clark and Mitchell

Department SO

PO Box 499

Lower Ground Floor

1-5 Queen’s Road Quadrant

Brighton

BN1 3XJ

 

[date]

 

Dear Sir/Madam,

 

[You] –v- Lloyds TSB Bank Plc

Claim No: ********

 

I write in relation to the claim as detailed above, and specifically the order made by District Judge ******* dated [date].

 

You were ordered by the court to by [date] file and serve the documents upon which your client intends to rely at the forthcoming hearing. For your reference, a copy of the order to which I refer is enclosed with this letter.

 

I have, to date, received no such documents and accordingly I hereby request that you do serve upon me these documents at your earliest convenience.

 

I consider your non-compliance to be particularly unacceptable in view of the fact that you are specialist solicitors representing a large financial institution with vast resources, and feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

 

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on [date].

 

Should you not comply with the order within 7 days of this letter, I shall write representations directly to the district judge dealing with this claim, to inform the court of your continued non-compliance and invite further order to be made as it sees fit.

 

I look forward to your prompt response.

 

Yours faithfully

 

Its very unlikely that you'll get a response to this, so after the 7 days have elapsed send the following letter to the court, also enclosing a copy of the above.

 

[you]

 

District Judge ******

C/O The Court Manager

****** County Court

Court Address

Postcode

 

[date]

 

Dear Sir/Madam,

 

[You] -v- Lloyds TSB Bank Plc

Claim No:********

 

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge ***** dated [date]

 

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, upon which it intends to rely at the forthcoming hearing.

 

I wrote to the defendant's solicitor on [date] to request that it serve the Defendent's documents at its earliest convenience. I have received no response to this correspondence.

 

I can confirm that my documents were filed on [date] and served to the Defendant on [date]

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

 

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules, or other such order as the court deems just.

 

Yours faithfully

 

Going on the response so far, it seems quite unlikely that the court would go as far as ordering a strike out, but would probably issue another order that they submit the documents by a certain date or else they won't be able to rely on them at the hearing.

 

In any case, it will give SC&M a good kick up the bum and more importantly, it demonstrates to the court that they are not conducting themselves professionally, which in light of the recent orders made in Lincoln can only be a good thing.

 

Also, if/when they settle, its very important that claimants write to inform the court and drop the claim. We need to do all we can to act properly and keep the courts on our side!

 

EDIT: To anyone who uses these letters, it would be very helpful if you could inform us of the response you get, both from SC&M and the court. Either post on this thread or PM me with a link to your own.

 

Cheers;)

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very good!

 

ps mannor should be manner ;)

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Thanks again Gary. In light of the fact that we are sending our court bundle on Monday, this info is invaluable. I have printed a copy off to refer to should we not hear from [problem] by Thursday of this week. you're a shining star!

Jo 'n' Mick:D:D

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:oops: oops! Cheers Mindzai, I always was crap at spelling!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Also, if/when they settle, its very important that claimants write to inform the court and drop the claim. We need to do all we can to act properly and keep the courts on our side!

 

Just on that note is there a template letter to send them? It's just that I'm crap at writing letters and never know what to include.

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Here's the one I always use for my claims -

The Court Manager

****** County Court

Court address

Court Postcode

 

[date]

 

Notice of Discontinuance

 

Dear Sir/Madam

 

[you] -v- The bank Plc

Claim Number: ********

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

 

The Defendant paid the full amount claimed, namely £***, by way of a cheque/credit to my bank account on [date]. As such, no further action is necessary in respect of this claim.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

 

A copy of this letter has been sent to the Defendant.

 

 

Yours faithfully

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hi gary

i never did receive a copy of their papers, even though i foned before christmas and reminded them that xmas closings would affect the deadlines.

And i only received notification in writing of the settlement, with no conditions by the way, 5 days AFTER the money went into my account.

That made a total of 2 pieces of correspondence i rec'd from SCM during the ENTIRE claim

the train of thought has left the station, hope i was on the right platform!!

 

____________________________________________________

Lloyds TSB

prelim sent 06/07/06 response rec'd 14/07/06

LBA sent 20/07/06 response rec'd 27/07/06

Moneyclaim filed 22/08/06 Ack'd 30/08/06

Defence filed 26/09/06 AQ filed 12/10/06

hearing set for 10th Jan 2007

 

Cap One

prelim sent 2nd Nov 2006 First offer rec'd 14th Nov

any thoughts, suggestions or advice given by MBQ are done so without prejudice. All information I have, i have learned from this excellent site. If in any doubt, seek professsional advice.

 

 

 

 

 

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Gary, you are just wonderfull for the help you give everyone and continue to do so, I have taken your advice on many occashions, and will be using it yet again to send your letter if Lloyds don't keep to the deadlines with my court order.

Thanks ever so much I am very glad there are people like you on this site to help us all out.

Pen

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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I wrote to the defendant's solicitor on [date] to request that it serve the Defendent's documents at its earliest convenience. I have received no response to this correspondence.

 

Sorry I hate to be pedantic about spelling and Grammar but I am in the process of completing this template for myself and noticed the above spelling mistakes. :)

 

I really dont mean to be a language nazi, honest :razz:

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Done - Thanks Mindzai. If you notice any more let me know!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Excellent Gary thanks, just out of curiosity, do I still have to send one if the claim has been struck out? I ask because of that letter I received from the courts saying it was abuse of the system etc etc, I didn't actually receive any correspondence from anybody to say that it had been paid.

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The defence wasn't actually struck out though was it? Did'nt they settled beforehand? Yes, I'd definately send it, just to wrap things up nicely.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Sorry to hijack this thread but we need some help. We are due in court with SCM on Monday 29th January at 2.30pm. We have not heard one thing from SCM during this whole process and the Generla Form of Judgement or Order states that they should provide us with a copy of their court bundle witin 3 weeks of 20th November 2006.

 

We called them last Friday, they didn't even seem to know that they were due in court on 29th jan and it sounded like our file was at the bottom of a very large and dusty pile, it took them so long to find it. Anyway, we offered them the chance to settle last Friday, they said they had no instructions to do so from Lloyds and we said OK, see you in court.

 

What should we do now?? Should we point out that they haven't submitted their court bundle (I'm inclined no to) or just go to court and make them look stupid when we point this out to the judge??

 

Padders

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Hi

Have you sent the above letter about non-compliance?

Also keep checking your account, see if they've deposited the money the money without letting you know.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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No I didn't send the above letter as I only realised last night and there wouldn't have been time. Just checked my account and the money is in there. Next stop is to take Barclays to court for £930.

 

Thanks for your help.

 

Padders

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Hi - I'm due in court 13th Feb - all my papers have been filed but predictably, SCM have missed the Tuesday deadline for submission of evidence. I rang them to chase and the guy said: 'That's assuming we need to submit any evidence, we might not want to.' Anyway, there has been no mention of settlement as yet, and just nothing but attitude and aggression from SCM - feeling very daunted! As I don't have a Lloyds Bank account, settlement would need to be in the form of a cheque, and i'm really worried that even if they do settle, I won't receive anything in time to call off the court date? Any ideas?

 

I'm printing out the first letter as above and faxing it through this afternoon.

 

Many thanks,

 

Sarah

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Don't worry. SCM will hold out till the last minute and then settle just before the court date. If the account is now closed then they will send a cheque.

 

SCM don't seem to bother to prepare a court bundle or anything although they expect you to. From what they said on the phone to us, they only contact Lloyds a couple of days before the court date is due to get permission to settle.

 

Padders

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We sent the first letter to SC&M and got no response, and then sent the second letter to the court and today got this response:

 

Thank you for your letter dated 30th January.

 

It is too close not to the hearing for the Court to make any order that would not neccessitate an adjourment. The District Judge will take into account at the hearing any failure by a Party in complying with Directions and the prejudice that may have on the other party.

 

If at any stage prior to the hearing next week you reach settlement please kindly inform the Court immediately.

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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  • 2 weeks later...

hi got this letter from court

upon reading a letter from the claimant dated 25th jan 2007

and the court noting that the claiment complains that the defendant has failed to serve its documents by 16th jan 2007 pursuant to the order dated 16th dec 2006

it is order that

the defendant shall show cause no later than 16th feb 2007 why the defence should not be struck out

because this order has been made by the court without considering representations fromthe parties,the parties have the right to apply to have the order set aside,varied or stayed. a party wishing to make an application must send or deliver the the application to the court within 7 days of service of this order

note to staff re-refer this file to a district judge on 19th feb 2007

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  • 4 weeks later...

Hi all not sure if this has anything at all to do with bundles as am totally daunted, but my case been transferred from Merthyr to Cardiff Court on 26/3/07 and its ordered that there directions will be given by Judge Hickinbottom, it also states that parties can appear in person or make written representations to the court and other side at least 7 working days before the court date, as to how the case will proceed. I intend to go in person, but unsure whether I should send anything before hand????

Can anyone help with some advice on what if anything I should do from here?

 

Many Thanks

Holly

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You only need to write - thats what most others are doing (theres loads listed for the same time on the same day). Use this letter if you like, and attach the draft order from the post below. Send it to the court and SC&M - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/56933-tjc-ltsb-2.html?highlight=mattybach#post524956

 

Oh, and also please start your own thread. Ta;)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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