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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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Baliff petition;Stop them getting a legal right to forced entry;Peter Bard


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Perhaps we should make this advice a sticky so anyone about to be visited by Bailiff can, if the police are summoned, hand them a copy explaining their duties - should go down well - at least they would know they aren't dealing with a Muppet

 

Also it might be a good idea for our press office to send copies to the various media outlets - I'm thinking particularly of the BBC who appear to be supporting the bailiffs in their illegal activities

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Question 1 - Knowing what we know does anyone here believe that the act allowing bailiffs forced entry & assault for ordinary debt is squalid

 

Question 2 - Again knowing what we know does anyone here believe that there will be deaths as a direct result of this act

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Question 1 - Knowing what we know does anyone here believe that the act allowing bailiffs forced entry & assault for ordinary debt is squalid

 

Question 2 - Again knowing what we know does anyone here believe that there will be deaths as a direct result of this act

 

Yes

 

and

 

Yes

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thanks TheWatcher for the link, it should go to all police forces and agencies involved!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 2 weeks later...

Just a suggestion?:)

 

Is there any chance of a new thread (or first post Update) about these issues now, as this is so long, maybe starting with the advice about rights

http://www.devon-cornwall.police.uk/v3/pdfstore/CJU_D222.pdf

 

 

 

 

 

 

what the new act allows, what to do, maybe some bullet points.

 

sorry but it has got so long I have lost the context a bit.

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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  • 2 months later...
So I take it a baliff cannot just force entry willy-nilly? They have to have a court order first?

 

That'll be a yes - mind you 'some' will try & tell you different - cos they is bailiffs init:rolleyes:

 

In fact some will claim all kinds of powers they just don't have - even with a warrant

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I would like to echo pugsley's suggestion for an update, if possible.

 

 

It was expected to be starting, to be implemented, at about this time.

 

Obviously anyone us could ring the the local court, but I prefer imformed opinion.

 

Best regards to all.

 

F.

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That'll be a yes - mind you 'some' will try & tell you different - cos they is bailiffs init:rolleyes:

 

In fact some will claim all kinds of powers they just don't have - even with a warrant

 

 

Surely then the "bailiff" could be charged with gaining entry using false pretences (a bit like someone pretending to be the gas man etc)?

 

Additionally I remember a programme a while back and most of the fatherless's that actually come to the door are not even certified. Its just the paperwork that is signed by a certified bailiff.

 

Personally I think they should be licenced in the same way that those in the security industry are, and that they cannot even leave their offices without an SIA type badge.

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Bailiffs ARE 'licensed'

 

They are 'certified' by the local court as being a fit & proper person (I can't type that without laughing) & can be reported to that court if they misbehave but you try getting one of them into court & winning - believe me when I say you have real uphill struggle on your hands - after all the complainant, namley you, will only be a feckless debtor - won't you:rolleyes:

 

I suspect you mean debt collectors who often pose as bailiffs - let me put it this way if your under the misapprehension that the bully at your door demanding payment now is a proper certified bailiff they aren't going to enlighten you otherwise. In addition in order to further their misrepresentation some will often claim they have the powers of a bailiff or even that they can send you to prison - they are known as scumbags

 

Ask to see their court issued licence & if they can't or won't produce one it's a very good chance they ain't a bailiff which in itself is an offence but trying to get the authorities to do anything would be like finding hens teeth:mad:

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I've been a member of this site for some time, and my husband has been a regular on here the past few weeks trying to find advice on a different issue. I've only just discovered this thread and have spent the last few days going through it.

 

Neither my husband or myself had any idea about this new law and admit to feeling shocked! Our homes are the last place we can defend, albeit reluctantly as defending oneself is fast becoming a crime anyway, and to find that this last vestige of dignity is being ripped away from us has left us feeling like the scumbags the politicians obviously think people in debt are!

 

Do none of the self-righteous, judgmental, RICH AND WELL-PAID MP's have mortgages? A debt is a debt, whether it's £5 or £5,000,000, and if the time comes when they or a member of their families fall foul of this law, then perhaps it will be reviewed.

 

Wouldn't it be just terrible if one of them awoke to someone forcing their way in, looting their belongings and assaulting them in the name of the law...then they look at the piece of paper that allows them to do this, but they have the wrong address!! Are any of them denying this could happen to them???

Realise the impotence of proofreading everything you write.

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Do none of the self-righteous, judgmental, RICH AND WELL-PAID MP's have mortgages?

 

Yes, they do - but as we have seen from the recent expenses claims scandel, in many cases WE are paying THEIR mortgages for them (and in some cases their TV licence and Council Tax too !)

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I've been a member of this site for some time, and my husband has been a regular on here the past few weeks trying to find advice on a different issue. I've only just discovered this thread and have spent the last few days going through it.

 

Neither my husband or myself had any idea about this new law and admit to feeling shocked! Our homes are the last place we can defend, albeit reluctantly as defending oneself is fast becoming a crime anyway, and to find that this last vestige of dignity is being ripped away from us has left us feeling like the scumbags the politicians obviously think people in debt are!

 

Do none of the self-righteous, judgmental, RICH AND WELL-PAID MP's have mortgages? A debt is a debt, whether it's £5 or £5,000,000, and if the time comes when they or a member of their families fall foul of this law, then perhaps it will be reviewed.

 

Wouldn't it be just terrible if one of them awoke to someone forcing their way in, looting their belongings and assaulting them in the name of the law...then they look at the piece of paper that allows them to do this, but they have the wrong address!! Are any of them denying this could happen to them???

 

They DO have mortgages...........even if the don't need them..........& it's us who are paying:mad:

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I particularly liked this bit from a GMP Spokesperson

"Officers will be reviewing what went wrong in order to make sure this doesn't happen again."

Huh! Like that’s gonna happen any day soon

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  • 1 month later...

DRAKES GROUP and a FORM 4 COMPLAINT.

 

 

The attached provides details from the Judgement recently received concerning a Form 4 Complaint against a Drakes bailiff that was made to Middlesborough County Court in February 2008 by a disabled lady, who is confined to a wheelchair.

 

Following this hearing the bailiff's certificate was revoked and compensation awarded to the lady from the Bailiff's Bond.

 

As everyone can see from the final comment from the Judge, it is clear that Bailiff companies should be independantly regulated.

 

If anyone has any queries on this case, then please feel free to pm me.

 

Drakes Group complaint

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Excellent but then Drake have been getting away with this sort of behaviour for years yet this government still allow them to collect fines etc:

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PARISGAL.

 

I am very interested in your response for many reasons. Firstly you work for a reputable company. With resepct, EVERY single bailiff company that I talk with daily will ALL say the same.

 

Secondly, it is as if all bailiff companies have been on a training course to say the same thing, which is to say about the "won't pays". I have been dealing in debt counselling for 14 years and we have a webiste offering assistance on all matters connected with bailiff's.

 

You should be aware that far from people not paying their council tax, the collection rate around the country is a staggering 98.7%. Considering the huge level of debt that people have this is a remarkable achievement and frankly knocks any argument out of the way concerning the fact that there are many who don't pay.

 

What however is clear, is that from enquiries that our office receives every day, over half of all bailiffs are working either without a certificate or else working with a certificate that was provided for a previous employer which of course should have been changed as the bailiff bond would be invalid.

 

Please do not also lose sight of the fact that in the past year there have been 5 mortgage interest rates, gas & electricity have risen by 26% and petrol is at the highest rate in history. Is it any wonder that people are unable to pay their council tax or parking charge notices.

 

All I was trying to say is that it isnt fair to assume all bailiff companies act incorrectly and ignore the very complicated legislation which is taken very seriously by the bailiff companies and the council they work for. Many people assume bailiffs are not accountable when in fact we are under close scrutiny from many differnet bodies (quite rightly). Its not an easy job when all is said and done

 

I mentioned the fact that many debtors WONT pay is because a huge 80% of files referred to the bailiffs are not collected successfully as we are ignored quite often! Unfortunately we dont get any kind of reimbursement for these files despite the fact we may have visited the property on several occasions over a number of years. I was not referring to council tax collection rates in general but specifically the files which have been referred for bailif enforcement.

 

Personally I always try to treat everybody with respect and am happy to discuss their financial circumstances and set a suitable arrangement accordingly. The people who set an arrangement and maintain it as agreed avoid fees being applied as no action is taken. Please also remeber we are given set guidelines by the council and they often insist we collect the debt in a certain amount of time e.g. 3 months. Unfortunately if this is the case we are unable to extend the arrangements no matter what the circumstances

 

I think a few of you have taken my comments the wrong way! I was simply trying to offer my opinion from my perspective. I certainly do not think anybody with outstanding arrears are scumbags! In fact Ive had to deal with bailiffs myself in the past but avoided any fees by making an arrangement in the first instance.

 

My message to anybody who recieves a notice from the bailiff is to contact them asap and make an arrangement. This is just my advice. Unfortunately there are rogue bailiffs out there and of course it is important you bring any issues to the attention of the company so they can be addressed. If you are not satisfed with any response recieved it is possible to issue a complaint against the bailiff at the court they are certificated and the bailiff will be summoned to be examined by the judge. Also our clients are very eager to ensure we are acting correclty and believe me they will always follow up any complaint that is made very thoroughly.

 

My firm IS reputable and we take any complaints very seriously indeed. We have a firm procedure in place and all the bailiffs are closely monitored. Montoring and auditing of the bailiffs is crucial and any problems identified are addressed.

 

WE ARE NOT ALL VILLAINS!!!! am quite offended really, but it kind of proves my point that we all get tarred with the same brush.

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Sorry parisgal I was ready to listen to your argument until I got to the bit "mainly won't pay" but that bit says it all.

 

I suggest that before you judge all debtors as feckless you try & find out why they have got into their situation. Whilst some are no doubt feckless it my experience that the vast majority are not but find themselves unable to pay their debts because of changing circumstances, illness, redundancy, etc.

 

Also my experience of debt collectors & I include bailiffs is that they constantly act unlawfully. One of their favorite tricks is to place their foot in the doorway & despite repeated request to remove it refuse. This is unlawful trespass which they seem to think they commit without sanction & they scream assault when the home owner physically removes their foot which the home occupier is perfectly entitled to do

 

Its a grey area but bailiffs are technically allowed to place their foot in the door. Although we do not encourage this practice in general. (as I said not all bailiff firms are evil pantomime villains boo hiss)

 

The majority of debts passed to bailiffs are ignored and we only manage collect about 20% of the files which are sent to us. Quite often we are just subject to an awful lot of abuse when we are simply carrying out our clients instruction.

 

I appreciate you speaking from your experience but was keen to offer my views from MY experience! Ive got no time for bailiffs who act incorrectly and for example I found the whistleblower programme showed on BBC extremely disturbing. Some of the stuff which was shown was absolutely disgusting!!

 

But we dont all behave like that.................. please believe me!!:(

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Its NOT a grey area. Bailiffs are NOT allowed to place their foot in the door. How are we supposed to believe your assurances that your company are the "nice guys" when you can't even get this right??:

 

What bailiffs can and can't do

 

Forced entry includes pushing past you once you have opened the door to them or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.

 

From:

Bailiffs and debt collectors : Directgov - Money, tax and benefits

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Its NOT a grey area. Bailiffs are NOT allowed to place their foot in the door. How are we supposed to believe your assurances that your company are the "nice guys" when you can't even get this right??:

 

What bailiffs can and can't do

 

Forced entry includes pushing past you once you have opened the door to them or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.

 

From:

Bailiffs and debt collectors : Directgov - Money, tax and benefits

yes I am fully aware bailiffs are not allowed to force entry prior to gaining peaceful access. Once peaceful access has been gained and a walking possession order in place bailiffs are permitted to force entry to return and remove the levied goods. As I say it is rare this practice is undertaken and it is only done after a walking possesion order has been signed. I wasnt stating that putting a foot in the door isnt forced entry - indeed it is. Whether this is morally correct is one thing but is certainly allowed under law if the correct procedure has been followed.

So of course the advice is dont let a bailiff into your home in the first place! Call and make an arrangement!

Please dont be so unpleasant, I indicated forcing entry is not always allowed by stating this was a grey area. Im sorry if I didnt phrase that very well.

There are a million and one websites which will confirm this is the case

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Well if the proof of the pudding was ever needed this is it I quote "bailiffs ARE allowed to put their foot in the door"

 

What utter rubbish. Putting your foot in the door in order to stop it closing IS forcing entry & trespass

 

This statement alone clearly shows that bailiffs don't have clue when it comes to the law they just 'think' they do

 

Where did parisgal get the idea its a 'grey' area. It's nothing of the sort & if it's thought a grey area it's only because the police refuse to act even when blatant abuses by bailiffs are happening right in front of them

 

That may change however as I understand at least a couple of forces are currently being sued for assisting bailiffs gain unlawful entry into private property by threatening the occupant with arrest if he/she obstructed the bailiff from entering their home in pursuant of a civil debt which in one case they didn't even owe

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I suspect that most bailiffs see the entire legal system as a "grey area" where bailiff law is concerned.

 

 

I think CAB should start advising everyone, maybe through posters and some leafleting too, that if it looks likely you will be getting a visit soon, get a friend/family member to do a statutory declaration that any removable goods are their, which then creates a situation, where whether a bailiff gains peaceful entry, or is allowed in, their job simply wont be doable, as their secret weapon of a walking posession will just be a damp squid!

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