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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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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Several weeks ago I received a letter from a bailiff company called Rosendales regarding an amount owed for council tax in my previous property. I was a bit confused by this as when I moved I contacted the council and the person I spoke to said that they thought I was up to date with my council tax but if there was any outstanding amount they would send a final bill to my new address. Anyway I hadn't heard anything so assumed all was well until I got this bailiffs letter. I called the bailiffs immediately and explained the situation and told them my next step was to call the council. I called the council and it turned out that not only had they not forwarded the final bill, they had also carried on charging for my old property for 7 months after I moved out. I told them the date that I moved (again) and they said they would "call off" the bailiffs and recalculate the amount owed. I didn't hear any more from them for a couple of weeks so called them again and the muppets had been sending the correspondence to my old address!! The woman I spoke to took my new address (again) and informed me that the balance I owed included court fees of £56. I objected to this on the grounds that they sent all requests for payment, court papers etc to my old address after I had informed them I had moved so why should I be liable for the cost of court proceeding that had only arisen through their incompetence. The woman said that when I received the bill from them I should write to the head of finance and explain my position. I finally received the final bill from them on Saturday. The amount I owe them is £95 and they have added £56 to this for court fees. My plan of action was to forward payment of £95 to them when I get paid next week along with the letter explaining why I am disputing the £56. HOWEVER...... I got home from work today to find a letter from the bailiff through my door saying that the attended today to seize goods to the value of £194 (the £151 + his fees). So now I plan to phone the council tomorrow to explain: 1. that I can and will pay the amount I actually owe in full next week 2. that I will not be paying the court fees and why not 3. that I want them to "call off" the bailiff as they originally said they would 4. that I will not be held liable for the bailiffs fees on the same grounds as the court fees. What does anyone reckon my chances are of persuading them that I'm in the right? I sooo do not want to have to deal with these people on my doorstep!

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Send the letter recorded delivery - post it on here first if you want some advice.

 

Send a copy to the bailiffs head office address and in the letter advise that unles bailiff action is stopped and a satisfactory response is received within 7 working days, you will be contacting your local councillor and the local governmanet ombudsman to investigate/take up your case for you.

 

Furthermore, add that this has caused you considerable distress and you feel there should be a reduction in the payments to compensate for this as this was their error and not yours. It's unlikely they will reduce the bill, but it's definitely worth a shot considering what a cock-up this is.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I've actually phoned the council rather than written to them initially as when I spoke to the bailiff yesterday he said that he would return Thursday so I wanted that dealing with immediately! The council have said they'll call me back as their computers are playing up - hmmm. So I'm just waiting now. As long as they call the bailiffs off I'm happy. I can pay what I owe them next week and dispute the court costs etc in writing afterwards. My main concern is that I don't get any more bailiff visits and that I don't end up paying additional costs because of their incompetence!

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I've actually phoned the council rather than written to them initially as when I spoke to the bailiff yesterday he said that he would return Thursday so I wanted that dealing with immediately! The council have said they'll call me back as their computers are playing up - hmmm. So I'm just waiting now.

 

You should ALWAYS protect yourself and put everything in writing. That way they cannot deny at a later date that there is a dispute, or say you never got in touch.

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Good avice - ALWAYS cover yourself, so by all means speak to your council today, but follow it up with a letter.

 

However, if you send the letters today by special delivery, they will be guaranteed for tomorrow, so that should stave off any action.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I am going to put it all in writing but I'm trying to contact them by phone first so that I can ensure they contact the bailiff today! Anyway they haven't yet called me back and now I can't get through on their phone number so I'm off down there! I can kill 2 birds with one stone then - make sure they call the bailiff and put my case in writing and hand deliver it - don't worry I'll get a receipt! Wish me luck!

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Good luck - post back later and let us know how you get on.

 

Don't forget to send a copy of the letter to the bailiffs company too.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Well to cut a very long story short I got nowhere. I called them, somebody said they'd call me back and didn't then I couldn't get through so I drove down to their office. I saw an incredibly patronising woman who insisted that there was no record of me informing them that I had moved and wouldn't accept that I had informed them. Stupidly on my part - when I informed them I did it by phone (which I've always done before when I've moved with no problems and is the method they encourage you to use) of course this means I have no way of proving that I informed them. She said that I would have to pay the amount demanded to the bailiff then write a complaint letter to the council asking them to reimburse costs. I pointed out that it was through their incompetence I was in this position and once I had paid the money out I was not naive enough to believe that the council would ever reimburse me. Anyway she refused to budge. I then spoke to her manager who had the exact same take and then I spoke to this second persons manager who seemed to have a degree in condescension. The upshot is that they would not contact the bailiff to remove the account from them, they would not acknowledge that anyone in their department could possibly make a mistake, they treated me as if I was some kind of criminal and I am now in a position where I am going to have to pay the amount I owe (fair enough) + the court costs + the bailiff fees in order to avoid the bailiff turning up again and adding more charges. I will then have to go about attempting to recover these costs from the council and frankly I think there is more chance of pigs flying. I went into the council office with the intention of speaking to them in a reasonable and polite manner and by the time I left I was a seething ball of fury. I now feel entirely defeated and also very stupid as I know full well if I had informed them in writing that I was moving then I would have the proof I had informed them and they wouldn't have a leg to stand on. However as I informed them by telephone it's my word against theirs and it seems that it is automatically their word which is accepted. Obviously I will write to them and also drag in my MP and local councillor but I'm not holding my breath. Any advice would be gratefully received but for now I'm going to hide in a corner and lick my wounds.

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Get in contact with the local government ombudsman tomorrow. Also, you can prove you called - phone bills! If you haven't kept a copy of your phone bill, you can request a copy for the relevant time period - this will show your call and although it cannot prove what you said, it can prove you called.

 

Put EVERYTHING in writing from now on.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Thanks for that - I've just ordered my bill for that period from BT so hopefully that will persuade them that I did indeed call them. Don't worry I've learnt my lesson - I'll be putting everything in writing and sending it recorded from now on ( most expensive lesson I've ever had to learn though!)

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Don't give up yet - everything can still be overturned, you just need to be persistent.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 1 year later...

hello can anyone help

 

i have the balliff company equita that want 777.29 by monday i was on a payment plan but they hve decided to take me off it and now want the full amount, i dont know what to do, ive offered to pay some but they just want to tke my thing for the full value,do i let them in or keep them outside if i dont pay can they take it back to court for a warrent t obreak in,, i need help please...

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