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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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CCA's and Dave against the world !!!


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hmmmm

 

term 8 of the original agreement (which I have)

 

....................

8 optional payment protection insurance......

 

8.1 if you exercise your right to cancel this agreement or if you repay the loan early in full, any payment protection insurance which you have taken through us for this agreement will be cancelled

 

8.2 If you repay any insurance advance early in full it is your decision whether to exercise any right you may have to end the related payment the related payment protection insurance early.

 

8.3 Moneys payable by the insurer under the payment protection insurance in satisfaction of a claim will be credited back to the account

 

8.4 where there is an insurance advance, moneys payable by the insurer under the payment protection insurance by way of a refund of the premium will be credited to the account..........................

.................

 

it says optional but I dont recall it that way I dont ever remember asking for it or being asked did I want it. It was just on the agreement when I signed it....being naive and not realising the implications.

 

I was self employed at the time .......and did actually claim on it :) it was like trying to pull teeth though, talk about jumping through hoops. I needed references from the queen and the pope.....

 

still its one more avenue to explore

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Looks like a multiple agreement: unrestricted-debtor-creditor and restricted-debtor-creditor-supplier.

 

I'd make a SAR and specifically ask if a commission was paid for setting up the insurance with the third party.

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 2 weeks later...

Hi guys.....

 

While I waiting to see if Barclays are going to put in a defence in time (17th Nov I think) I started to have a go a TV licensing.

 

I didnt renew my license (again) on the correct date and they wrote to me and told me what a bad boy I had been and that they had the power to re-date the license to show the "correct" date.

 

ok....I am not advocating tv license evasion, but the tone of this letter rubbed me up the wrong way so I wrote......>.

 

------------------------

 

Dear Sir,

 

With regard to your recent query regarding my television licence renewal, could you please direct me to the current legislation that states that…..

 

1.I am required by law to have a television

2.I am required by law to use a television even if I have one

3.I am required by law to inform anyone that I am NOT using a television.

 

As I am in fact NOT required by law to have a television or use one even if I do have one, or in fact to inform anyone that I am not using a television, then when I choose to get a licence is my own business, and I do not need to explain myself to anyone.

 

You should be grateful that I do choose to obey the law and get a license when I feel I need one. As strange as it may seem to you, some people do not NEED a television at all times. As far as I am aware even in current legislation it is not an offence to own a television, the only offence that I can see is if you use a television to receive broadcast signals via an aerial without purchasing the required licence.

 

It is not for me to “prove my innocence”, but for you to prove any wrongdoing

 

For your information and to expedite matters, any television set owned by me was not used to receive TV broadcasts during any period not covered by a relevant license.

 

Please restore my licence to its original date

 

Thank you........

 

-------------------------------

 

Then they wrote back with some crud absolutely refusing to re-date the license, including the the line "in cases where a customer has asked for the expiry date to be amended on a license we require adequate proof that the license was not required”

 

I swiftly replied with a rather sharp and pointed letter copied here

 

-----------------------

 

Thank you for writing to me and explaining why you won't re-date my tv license.

 

Firstly I would like you to climb down of your high horse, and remember that you are, or are working on behalf of public servant (whether a private company or not), and that as the law now stands you are required to issue me with a license if I have paid for it. I should not have to explain my reasons as to why I didn't renew on the correct anniversary, all you are required to know is that I have paid for and require my FULL license

 

There are many and varied reasons for not requiring a TV license not least of which is not having a TV.

 

As far as I am aware the purchase of a TV license seems to me to be wholly dependant on the ability or need to receive TV broadcasts, but even so it is not a requirement under British law (yet) that you are required to purchase a license for something that you don't use. For example it is perfectly legal to OWN as many TV sets as you wish without a license...as long as you don't use them. Until the law is changed I will continue to purchase a TV license when I am required to. I fully support the funding of the BBC and have no wish to deprive them of funds, similarly I am sure that the government / BBC would not want me to pay for something that I don't use.

 

If for example I didn't want to use my car for 3 – 6 months I wouldn't have to tax it, however there IS a legal requirement to inform them of such. There is no such requirement as yet to inform anyone that you don't require a TV license, nor should there be. Believe it or not not everyone requires or uses a TV all the time

 

Further your letter states.....” in cases where a customer has asked for the expiry date to be amended on a license we require adequate proof that the license was not required”............WTF ?????

 

Have you ever tried proving a negative...............attached is a blank sheet of paper not showing a picture of the television that I didn't have, and one not showing another with the plug removed and not in working condition. There is also not attached a cheque not to the value of twenty pounds, could you please confirm that you didn't see it.

 

Try answering this question at the airport...” has anyone put anything into you case without your knowledge ?”............how would you know ???

 

You have already had my statement that I did not require a license for the given period that should be sufficient.

 

It is not my responsibility to prove that I did not require a TV license, It is yours to prove that I did! I am sorry but “we can change it if we feel like” is not good enough and if you think it is then you have the option of taking me to court. Does the phrase “innocent until PROVEN guilty” have any meaning.

 

We are not under a fascist regime yet so don't act like we are.

 

I have the receipt that shows that I paid for my license and that will be sufficient for 12 months If I require it that long. I shall not be renewing it BEFORE that date and if it should ever get as far as a court case I will explain my reasons to the judge, and then ask for damages and compensation, your call!!

PLEASE ISSUE THE FULL LICENSE

------------------------

 

lets see what happens :)

 

Dave

Edited by davefirewalker

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Dave, I'm glad you're back...

 

Have you ever tried proving a negative............attached is a blank sheet of paper not showing a picture of the television that I didn't have, and one not showing another with the plug removed and not in working condition. There is also not attached a cheque not to the value of twenty pounds, could you please confirm that you didn't see it.

 

I'm still chuckling after 5 mins :-)

 

I'm interested in your argument. Does this mean that if I record a program and watch it I do not need a licence, so long as I do not watch anything live? :D

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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NO.....if you recorded it you must have received it.... or if someone else recorded it there my be copyright issues.....

 

however it is perfectly legal (I think) to use a tv NOT connected to an aerial or with the receiving part disabled to play pre recorded tapes and dvd's or to use it for gaming, wii, xbox etc

 

However when the switch over to digital is complete you can use a tv without fear because you are unable to receive TV broadcasts......what I mean by that is you wont have to disable the receiving circuit because the terrestrial signal will be switched off......not true for newer integrated sets with digi onboard though

 

but they will soon put an end to that by bringing in smart cards to pay or the digi signal will be switched off....:(

 

Dave

Edited by davefirewalker

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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but they will soon put an end to that by bringing in smart cards to pay or the digi signal will be switched off....:(

 

I think that is the true reason for the digital switchover...

 

I must take a closer look at that law. I think maybe demand a discount given the amount of garbage that's on :-)

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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just brilliant Dave. Missed your unique angle of late but glad you are back for the good fight. :)

 

ps. TVs run on battery need no licence - is this still true? ie 12v car battery (but fumes are dangerous remember people!)

 

Pass ......

 

the telecommunications act 2003 changed a lot of things......

 

Communications Act 2003 (c. 21)

 

mainly this one.........>

 

http://www.opsi.gov.uk/ACTS/acts2003/ukpga_20030021_en_34#pt4

 

have a look

 

Dave

Edited by davefirewalker

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Dave, I'm glad you're back...

 

I'm still chuckling after 5 mins :-)

 

Heartily seconded!! Wonderful post, Dave.

 

I'm interested in your argument. Does this mean that if I record a program and watch it I do not need a licence, so long as I do not watch anything live?

 

You need a licence to record from a TV signal but currently there is nothing to stop you watching iPlayer or 4OD on your computer for nought!

 

FG

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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It seems as though the powers given to the "licensing authorities" seem to outweigh the "offence" power of forced entry etc......I wish the OFT would take a leaf from their book and force some entry's in some of these lying cheating banks.

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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he he dave your a fruitcake lol good write up

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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 someone with a full copy of there application, that could be useful ;-)

 

(licking his lips and wondering from what year :-D)

 

S.

dave did nt you get an application form if not then that aint fair as all i got was a unreadable application form....?icon6.gif

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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dave did nt you get an application form if not then that aint fair as all i got was a unreadable application form....?icon6.gif

 

Yeah but my application was totally readable....with not a term in sight :)

 

mind you the current spate a EXTREMELY BAD decissions going through the courts has me a little worried.......

 

never mind when I win the lottery I will fund a massive challenge...in fact several :):)

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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.....

 

never mind when I win the lottery I will fund a massive challenge...in fact several :):)

 

 

You have to be an employee from a BT centre in Liverpool to qualify on that one. Oh, sorry, you only score on one there! Not this week then? :D:D

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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You have to be an employee from a BT centre in Liverpool to qualify on that one. Oh, sorry, you only score on one there! Not this week then? :D:D

 

hmmmmmmm grrrrrrr

 

I nearly won....only needed another four numbers :)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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hmmmmmmm grrrrrrr

 

I nearly won....only needed another four numbers :)

 

Dave

 

Well better than me - I needed another 7 plus a lottery ticket :lol:

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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i won last week the euro lotto lol only till i woke up

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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 guys....

 

Today is the last chance for sharkleys to file a defence, and they haven't filed as yet.....what's the bet they leave it until the very last minute before close of play today. Mind you if I do get summary judgement whats the bet they get a set aside !!!! been down this path before :(

 

ah well lets see what tommorrow brings :)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Share on other sites

:) :) :)

 

Hey guys.....guess what

 

The TV licensing have rolled over..........

 

only a minor victory, but it makes you feel really good

 

Letter received today.............

 

Thank you for your letter of th 12 Nov which was addressed to ??????? and has escalated to me.

 

Having reviewed the correspondence on this matter I have today amended you TV license to expire on the last day of September 2010 (the proper date)

 

blah blah blah blah.......rubbish etc

 

I trust that this resolves the issue for you

 

Should you wish to pursue matters you should contact the BBC at .....etc

 

 

----------------------

They dont half try it on though, I can understand how people could be victimised by some of their "customer service advisors"

 

I probably shouldn't say morons so..........

 

MAROONS

 

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hey guys.....guess what

 

The TV licensing have rolled over..........

 

only a minor victory, but it makes you feel really good

 

 

Well done dave, another one hits the dust...:)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi guys....

 

Today is the last chance for sharkleys to file a defence, and they haven't filed as yet.....what's the bet they leave it until the very last minute before close of play today. Mind you if I do get summary judgement whats the bet they get a set aside !!!! been down this path before :(

 

ah well lets see what tomorrow brings :)

 

Dave

 

:(

 

they have filed a defence.......its gone to judge for directions. I thought the court would have forwarded the defence on ??? it was filed on the 10th Nov

 

ah well, will win in the end just take a little longer

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Still waiting .....??????

 

not seen their defence yet................still with the judge........maybe thats a good thing

 

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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  • 3 weeks later...

STILL NO NEWS from the court.......

 

phoned them up yesterday and they said that they had a huge backlog of cases, and that mine should be sorted soon.

 

Barclays had until 17th Nov to put in a defence and apparently they put one in on the 10th........

 

Just received of this morning a special delivery letter dated the 7th dec asking me to discontinue as I didnt have a case :) ( yeah right I can smell the fear) and that they had already paid me my charges back.

 

well to my recollection I asked for £1700 and they paid £620 as a GOODWILL gesture......without admission of wrongdoing, which I accepted as a partpayment, so if my maths is accurate they owe me at least £1000 +

 

If they want to go around giving people money as goodwill gestures without having to sign for it, then it is their lookout.

 

then the followed that up with the statute of limitations saying I could in any case only claim up till oct 2003..........hogwash

 

lets wait and see :0

 

Just sent them an email

 

I am in receipt of your letter of the 7th Dec received here on 9th dec (signed for) and I am somewhat confused by the content

 

I have NOT received or even seen your defence as yet, and I believe it is with the judge for a determination.

 

However to take your other points into account

 

It had already been decided by the OFT that credit card charges were unfair but that they would not investigate of their own volition any charges of £12 or under. HOWEVER that does not mean that charges of £12 ARE fair. I will be asking for full disclosure if / or when this gets to court to try to determine the true cost.

 

If you had read my POC fully and properly you will see that I am asking for Contractual interest NOT Statutory interest. If you had refunded when I first asked in 2007 then this and other matters may have NOW been settled. I have been offered various amounts ranging from £190 to £850 conditional on me signing an agreement to waive my rights to future litigation.

 

However due to your determination not to try and settle this and the fact that you have totally ignored several letters, I had decided that the only just way would be to claim contractual interest to compensate me for the time value of the money while it was in your possession.

 

the Statute of limitations would only apply if I was making a fresh claim.....or from the discovery of cause of action.

I have been asking for a refund since early 2007 so making a claim as far back as 2001 seems to be within the right time period. The statute of limitations would also not apply if the cause of action was hidden, deliberately or otherwise.

 

To save yourself some time and money I would suggest that you withdraw your defence and accede to my rightful demands

 

 

I hope that this clarifies matters for you

 

-----------------------------------

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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