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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
  • Our picks

    • 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
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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LivingForever v HSBC - **WON**


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Well after reading these pages for about a month now I feel ready to take the plunge. Our new joint account with Alliance and Leicester is up and running so I spent last night totting up £1050.50 worth of HSBC charges over the last 5 years.

 

Looking forward to seeing how this goes!

 

I've printed off the preliminary letter and have also added my own little bit as this is something I feel quite strongly about:

 

In addition, the constant levying of excessive charges against my account has led to financial difficulty on many occasions, with several of these unlawful charges being incurred as a result of exceeding my overdraft limit purely due to the previous month’s charges being deducted. This has led to a cycle of charges from which it is extremely difficult to escape.

 

I'm sure no-one will read the letter anyway but I put it in Italics in the hope someone will notice it!

 

I gather that at this stage there should be no mention of interest, so my 'What I require' paragraph simply reads :

 

Since opening the account in October 2001, I calculate that you have taken £1050.50 from our account in the way of these charges.

 

Is that right, or should I have written something there about overdraft interest incurred as a result of the charges?

 

Thanks for reading!

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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That is fine if you are not including overdraft interest...

 

Good lUck

  • Confused 1

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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No, I think to be honest that it'll take me too long and be too complicated to try and work out what percentage of the interest I've been charged over those 5 years was levied on the bank charges!

 

Letter going in the post today, I'll let you all know what they say.

 

Do we generally recommend sending it recorded, or even better delivering it by hand?

 

Cheers

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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Do we generally recommend sending it recorded, or even better delivering it by hand?
If you do deliver it by hand, still make sure you get a signed receipt, that acknowledges they have received the lettter. It has been known for hand delivered letters to disappear and later denied being received. There was one person here who when speaking to his branch manger about things and had the manager deny ever receiving such a letter. Fortunately the person had had it signed for and so produced the receipt. The manager went and found the letter. I think this is a true account of what happned. Can't recall who had the experience?

 

Much as I don't like to say this, as I generally do trust people, don't trust the banks.

 

Neil.

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Well the letter went off recorded delivery last night so they should hopefully get it today or Monday.

 

Let the games begin!

 

;-)

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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The letter has been delivered. Counting down the 14 days until letter number 2!

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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Waiting for the bank not to read your preliminary letter, you might like to amuse yourself trying to calculate how much interest they have taken from you in respect of your unlawful charges over the previous five years. You may find it quite a surprising amount and you may decide that it is worth going for. There is no problem about adding the charges to your letter before action and then to your final claim. That kind of approach might teach the bank to take the opportunity of a reduced claim in the preliminary letter in future (although I doubt it).

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Thanks for the useful info - trouble is I wouldn't know how to go about differentiating between interest legitimately charged on my overdraft and interest charged on the fees, is there a simple way to calculate this?

 

Thanks again!

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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Thanks for the useful info - trouble is I wouldn't know how to go about differentiating between interest legitimately charged on my overdraft and interest charged on the fees, is there a simple way to calculate this?

Simple answer is no. It is complicated and many people don't bother. You'd need to know the interest rate the bank was charging at the time. Unless you're claiming loads back the time spent wokring it all out may not be worth the effort?

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Well I received a letter this morning saying that they thank me for my enquiry and someone will be in touch soon, nice to know someone cares, eh?!

 

Letter before Action is printed and ready to send on Friday!!

 

;-)

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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Surprise surprise - 14 days is up and no-one has been in touch!

 

LBA going off today...

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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  • 3 weeks later...

Well I must say I'm disappointed that no one's been in touch whatsoever after two lots of two weeks...

 

Still, I guess that means more money for me (interest can be added now I'm claiming right?!)

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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Hi James,

 

I am nearly at the end of the first 14 days and not heard a word, sending off the second letter on the 6th. I sent the first letter by 1st class post so I guessed they wouldn't reply. I intend to send the second by recorded delivery. Out of interest did you send both of yours recorded?

HSBC:

17/06/2006 Settled on offer of £785.00

 

Cahoot:

25/05/2006 DPA sent. 40 Days to comply.

06/07/2006 Deadline for DPA.

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Hey guys,

 

I have just worked out all my charges and now want to send the preliminary letter. I have read through the FAQ's etc but an confused. What figures do I put in the letter and do I include the 8% interest charge in the preliminary letter?

 

After that letter has been sent, I guess they'll write to me saying they agree or they don't?

 

I've calcualted I'm owed just over £500, which I'm surprised at really as I thought it would be a bigger amount.

 

Any advise would be gratefully received.

 

Thanks

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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I have read through the FAQ's etc but an confused. What figures do I put in the letter and do I include the 8% interest charge in the preliminary letter?

If you had read through the FAQs thoroughly or even browsed around the forums you would know the answer. Almost all of your posts on this site have contained questions which are answered in the FAQs.

 

Please understand that this could ultimately end up in court, so it is really important you read through the FAQs thoroughly to understand what exactly you need to do.

 

Furthermore, you need to start your own threads for your own questions.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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OK, thanks for the info. I'm pretty new to all this forum stuff so ur advise is much appreciated!

 

Thanks

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hey, don't hijack my thread!! ;-)

 

Anyway, I spoke too soon - before I got the chance to file my claim I got home today to a letter from HSBC (Phil Beaumont) offering me £875 of the £1100 I'm owed...

 

Obviously I'm not going to take it but I'm guessing I need to send them a letter now stating that I don't accept it and will be pursuing the full amount. Is there a standard length of time to give them now before filing my claim on Moneyclaim?

 

Cheers

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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Hey, don't hijack my thread!! ;-)

 

Anyway, I spoke too soon - before I got the chance to file my claim I got home today to a letter from HSBC (Phil Beaumont) offering me £875 of the £1100 I'm owed...

 

Obviously I'm not going to take it but I'm guessing I need to send them a letter now stating that I don't accept it and will be pursuing the full amount. Is there a standard length of time to give them now before filing my claim on Moneyclaim?

The day you first told them you'd take them to court if they didn't pay up. In the letter you write refusing the part payment you should put in there the date you will start the claim, giving them another chance to pay before court action.

 

Neil.

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Well I told them it would be Monday the 5th but getting their letter obviously delayed me a little bit.

 

I think I'll reply to them today stating that I don't accept but will be willing to accept the full amount as a goodwill gesture and avoid them having to pay interest! I'll say that if I don't hear from them within 7 days I'll assume they don't accept my offer and will begin proceedings. (Use their own words against them!)

 

Is it worth accepting their offer but not as full and final, and then making a claim only for the rest of the money? Or should I just refuse and make a claim for the full amount?

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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Is it worth accepting their offer but not as full and final, and then making a claim only for the rest of the money
Yes..that is the best response. Be short and to the point in your response. Good luck. :cool:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks very much guys.

 

In fact at the bottom of the letter they've sent me there's a part for us to sign which says 'I/We accept the sum of £875.00 in full and final settlement of this matter against the bank.'

 

So what I'm going to do is sign and date this but cross out the "in full and final settlement of this matter against the bank" part, write instead "as part payment of this matter against the bank" and send this off recorded post along with a letter explaining that we accept their offer as part payment and will be pursuing the remainder if not refunded within 7 days from now.

 

The ********* have also whacked another £50 worth of charges on our account this month so that's another £50 to add to the total! (MOD - Language please!!)

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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Oops, sorry for the profanities!!

 

;-)

 

Here's what I'm writing to them today - any thoughts?

 

 

 

"Dear Mr Beaumont,

 

I refer to your letter of 1st June 2006 offering a figure in the sum of £875.00 in relation to the charges levied against our account.

 

We accept this offer as part payment in relation to this claim and would ask that the remaining £225.50 be refunded to the account in question within 7 days to avoid further action.

 

This remaining £225.50 is comprised of the remainder of the initial charges of £1050.50, plus £50 charges levied on our account on 29th May 2006 despite our request in our previous letter of 19th of May for these to be cancelled.

 

 

Yours sincerely,"

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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Sounds fine to me.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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