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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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    • 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.
       
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      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.
       
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Told to get a loan from a third party to clear overdraft. We have been charged £500 since jan 2006 by barclays. My wife and I logged two formal complaints that were ignored. We contacted the customer complaints dept in london to ask for the money back and were told that they were "valid charges" and that we were bound by the t & C's for the account. The adviser told my wife to that they were responsible lenders and that we should "get a loan from a third party" to clear the overdraft- really helpful!!! We have now done some research with yourselves and penaltycharges.co.uk and a BIG THANKS- Its now fight time. Letter delivered to branch requesting staements and we are fired up to deal with this. Opened a parachute account with abbey today (our mortgage lender) with matched facilities (overdraft, debit card,etc).

 

Will keep you updated and a BIG THANKS again for such a brilliant site..

 

I love the internet- you can find so much on it......

\"I Think you\'ll find our charges are fair and laid out in our terms and conditions Mr Butler....\"

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Very well done and welcome.

 

You are very well prepared. Read the FAQs, Library and around the forum so that you are fully prepared.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Got the statement this morning under DPA (one pack from branch for 1 year) and large pack from BArclays for 6yrs.

 

In one year (last year)- charges of £990.00 :evil:

 

So letter going off this morning demanding repayment of these- gonna send via Special delivery.

 

No wonder we have been struggling.....

 

I expect the standard "disagree with your legal analysis" letter.

 

Any advice/extra that can be sent?

 

Gonna work through the six year statement pack tonight.... :Cry:

\"I Think you\'ll find our charges are fair and laid out in our terms and conditions Mr Butler....\"

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  • 2 weeks later...

Just got a letter back today in reply to my special delivery letter informing them that we wanted our £3,200 back in charges over six years. They send the standard "don't agree with legal analysis" letter and "gesture of good faith" offering £1500.

 

Now obviously this is not the amount owed... Just to claify though:

 

They sent a form in with the letter saying "accepting in full settlement..blabla". As per the FAQ, am I correct in that we DO NOT sign this form, but send letter back saying "thanks, we will take this... but you have seven days to cough up the rest or a court summons will be issued" - (in slightly more legal type language of course!).

 

The wife is doubting, but I pointed out to her that the we spent about an hour on the phone in jan trying to sort this out and got the right runaround. After sending one letter to them, we get a £1500 offer- so they must know what they are doing is wrong.

 

Also, she reckons that we should not claim for the £90.00 they have stiffed us for this month (we are in the process of switching to a new bank, and some of the DD did not transfer over in time so they billed us for unpaids again:( )

 

Can we reasonable add this £90.00 to the total that they currently owe us, or should that be put down to "experience"

 

We are looking at issuing the summons in 10 days (reply to offer on monday via special delivery, so arrives next day by 1pm, then seven days to final refund money)

 

Any advice would be great..

\"I Think you\'ll find our charges are fair and laid out in our terms and conditions Mr Butler....\"

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As per the FAQ, am I correct in that we DO NOT sign this form, but send letter back saying "thanks, we will take this... but you have seven days to cough up the rest or a court summons will be issued" - (in slightly more legal type language of course!).

That's the way to do it...you want ALL of the money back, and you are accepting this ONLY as a part of your full claim. Obviously, if you do need to raise a claim in court, the claim must be balanced against the refund to date...

 

Regarding the £90 for this month - has that already been debited, or is it 'charges pending?'

 

Good luck with this claim - it seems that the banks actions have directly impacted on your life, so now it is time for this to STOP.

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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hi

 

Firstly let me say you have done well to be offered half your money back after the first letter ,my bank Lloyds drag it out to the bitter end.

 

If i were you I would write back to them and say "thank you for your offer we will exept it but point out to them that they still owe you£xxx amount and unless they are prepared to refund this to you , you will take the matter to court.

And yes you can add the extra £90 to your claim.

They know they are in the wrong otherwise why would they offer you a partiel refund.

 

Good Luck and at the end of the day it is your decision to make but I am sure the rest of the money will come in handy it may well take a little longer thats all.

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Yes the charges of £90.00 have already been debited- should this be added to the total, pointing out that these are from this month?

 

We have already successfully used moneyclaim on line (taking Studio Cards Ltd on for a faulty camcorder), so issuing the claim does not bother us. The support on here is excellent- we have both agreed that once we have delt with Barclays, a donation for books will be on the way.

\"I Think you\'ll find our charges are fair and laid out in our terms and conditions Mr Butler....\"

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Well, here is the letter for special delivery- giving them a "thanks for your offer- we'll have this, plus the rest in 7days or see you in court". As mentioned previously, we have now been charged a further £125.00 now- talk about milking it and kicking someone in the knackers!

 

"With reference to the above, and to your letter dated 6th April 2006. I wish to thank you for your offer of £1,500 in respect of bank charges levied over the last six years on my account. I will be happy to accept this offer as an interim payment, but wish to inform Barclays that I require the outstanding balance of £2,050 to be paid within 7 working days. This outstanding amount now includes an additional £125 of charges, which have been levied on the account since our first correspondence with you.

 

I wish to draw your attention to the recent statement issued by the Office of Fair Trading, which states that charges in excess of £12 per instance are considered to be penalty charges, and are therefore unenforceable under British Law. All of the charges levied on this account during the past six years have been in excess of £12.

 

If the full amount is not refunded within this timescale as requested, I shall instigate legal proceedings against Barclays bank for the full amount. Should you wish to settle this matter, I would request that the refund is made by personal cheque, and not by direct refund into my bank account. If you fail to settle this dispute within the timescale given, no further correspondence will be entered into, and court papers will be served against Barclays Bank for reimbursement of the full sum of £3550."

 

Will keep you all updated- god this feels good, the little man finally makes a stand against the big boys!

\"I Think you\'ll find our charges are fair and laid out in our terms and conditions Mr Butler....\"

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... "and interest and costs and anything I ask for..."

 

Well done :)

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

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Yes - I would think that additional charges to your account can be put on a revised 'request for refund' at this time. Good luck.

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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Well, got a reply to our repsonse to their "offer of a goodwill gesture".. They offered £1500 of an owed amount of £3670.00. They still say that their offer of under half of our money is "generous and fair" and are "unable to increase", while "noting the intention to persue legal action".

 

So we did- court papers submitted 16th April 2006.

 

We gave Barclays fair opportunity to act like grown ups...

 

See you in court muppets...

\"I Think you\'ll find our charges are fair and laid out in our terms and conditions Mr Butler....\"

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Incidently, the OFT did not say that anything over £12 is a penalty - they said that any charge over £12 is the point at which they would step in and take legal action.

 

They stated that if a charge is less than £12, then this could still be considered a penalty.

 

Good luck to you with Barclays - Ultimately, I think you will be seeing your money soon.

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

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  • 4 weeks later...

Hi,

 

We recently started action against Barclays, following advice and help from this site. We finally issued claim with moneyclaim online on 1st May and received yesterday from the court acknowledgement from Barclays, with an intention to defend whole claim. Is this standard tactics from Barclays, or a change in policy?

 

 

I have tried to reassure the wife, but I think she just needs confirmation that it is a "game of chicken" that Barclays are playing!

 

Any thoughts would be useful. The person filing the acknowledgement was Keith Jeremiah from their legal disputes dept.

 

thanks

\"I Think you\'ll find our charges are fair and laid out in our terms and conditions Mr Butler....\"

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Hi,

 

With all claims there is always the possibility that it will end up in court. However, as this has yet to happen it is highly unlikely that things will change.

 

Banks will try anything to scare you, and to throw you off track, and notification of intention to defend is one of them. It is possible that the bank will take your claim all the way to the court steps, but they will probably settle on the day, if not before.

 

Good luck.

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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Hmm, I entered my claim, mid April, they were served on April 18th and still no intention to defend...

 

I wonder if they are just a bit busy with all the claims and they havent gotten round to mine yet. They have til the 16th....

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I would imagine that Keith Jeremiah will be using a helicopter to travel to and fro all of the cases he is being lined up to appear at. In a couple of weeks their will be a steady stream of court dates issued.

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Barclays will probably defend.

 

It doesn't matter if they do or don't - if it goes to court, you will win because what they are doing is unlawful (on many counts) - if it doesn't then you win.

 

Win/win for you then.

 

Personally, I'd like them to take it to court - I will attempt to attend court with anyone who gets one of these slimey, greedy, ecomomy bank-rolling, money mongers into court anywhere in the country.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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What makes you think this Dave? Is it really likely they are going to defend each and every one? Im sure this would cost more than paying out and would be a feat in itself just to organise the attendance of fully briefed solicitors to every hearing.

 

Once the first case is heard - regardless of the result, they stand no chance of victory as it will be picked to pieces on here and they know that, dont you, Keith Jeremiah and Co?

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No, sorry I didn't make myself clear.

 

They will enter a defence to the court - they won't actually attend court - to do so would be suicide for them.

 

They will just push as hard as they can before backing off in an attempt to 'scare' you.

 

They may be incompetent, but they are not stupid. They know that the general public does not want to go to court - probably as much as they don't - and that if they push hard enough to make it look like they will then most people will back off when faced with a large legal team and legalise from a bank.

 

Stand your ground - it's my opinion that they are more scared of going to court than you or I.

 

Sorry if I gave the impression that they would actually go to court - that said though, even if they did, I would attempt to get the day off work and attend with you - it's my "guess" that they would lose.

 

It's also my opinion that their "guess" is the same ;-)

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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I totally agree with Dave.

 

It would be interesting to see the number of people who drop a case once Barclays start putting on the pressure by pretending they will attend a hearing.

 

It is all part of their game plan and another way to keep hold of your money longer.

Barclays - £4k - Hearing Date 19th Sept 06

Smile - £370 - Refunded in Full

Capitla One - £100 LBA 25/5

Virgin ? Data Protection Act 25/5

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This is my opinion too, i just thought that something had come to light to change your view that any bank would be reluctant to see open court, including Barclays.

 

Regardless of their stance i have been on here for some time now, reading and digesting and i feel confident of being able to present my case in such a fashion that will have only one outcome.

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  • 2 weeks later...

Guys & Gals,

 

The date is getting close now for barclays- defence to be submitted by 5th june!!

 

Just a quick query. We have a claim issued against barclays with an acknowledgement submitted by them. Am I correct in saying that if they do not submit their defence within 28 days of issue of the claim, I submit a judgement by default. As the have acknowleged, they can't apply for it to be set aside as they have received it (is this correct).

 

I am just trying to calm the wife as we really need this money and these muppets are draaaaaggging their feet. She is considering caving and accept their £1,500 "good will gesture" or contacting them to strike a deal. I think this is a REALLY stupid idea, could anyone please advise.

 

Thanks as always

\"I Think you\'ll find our charges are fair and laid out in our terms and conditions Mr Butler....\"

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