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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
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Hi All

Have been an avid reader for the last couple of weeks, gone through the letters etc and issued MCOL on 16 May. Today received letter from Wragge & Co stating intention to defend and a letter from A & L to say thank you for my patience but the complaint is taking a little longer to look into...

It's good to know there are so many of us at the same stage, doesn't stop me from getting v. nervous, though I feel better reading the threads.

Thanks

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Don't get nervous,

 

Be patient, ignore all their time wasting maneuvers, keep to the time table and process and all will be fine.:)

 

For those slightly nervy moments we are here to calm you down ..........:cool:

 

Good luck :D:D

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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Hi all

Received an offer of £1821.50 from A & L yesterday, then in this morning's post have had a cheque for £2071.50 which they have said now very kindly includes my court fee reimbursement of £250.00. As with everyone else's offer it states the difference between the charge and £12.00 etc. Also says if I accept the offer they will keep my account open, as 'other' banks are closing their customers accounts if they complain about charges.

 

Still waiting for the 6 page defence from Wragge & Co

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Sorry to disappoint you but my claim is for 4650 before interest and costs so I've been offered just under half of what I have claimed for. I have only put my name on the MCOL claim of our joint account and am now worried that Wragge are going to have the case thrown out, as someone else's defense stated this today. Tempted to accept the offer. All I have had from Wragge so far is the letter to say they will defend. Bit of a dilemma but don't suppose I should make a decision until I received any more paperwork from Wragges.

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omg,thats a bit poopy,but look on the bright side, you had an offer, it can only get better.not sure about the joint name part,as i have this account in my name only.im sure it will be ok for you both,someone will know what to do next:D

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Hi All

Hope everything is ok with everyone. Received my defence today. (usual 6 pages) - insufficient particulars of claim which i thought I would send a copy of schedule to Wragges with a covering letter. (have already sent one to MCOL and A & L)

 

Also have The Limitation Sect. 21 - the charges incurred by the Claimant at any time prior to 6 years before this action was commenced was statute barred by virtue of section 5 of the Limitation Act 1980. I requested statements on 23 Feb and received them on 2 April. However I have listed my first charge on 22 February, should I have recorded my first claim from April, really worried I have added too many claims. If so do I have to amend the claim.

 

And is there anything else I need to do now?

Thanks

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  • 1 month later...

Hi All:)

Today received allocation questionnaire to fill in and return by 26 July, looks like more reading up now. Also, is it best to post the AQ and fee back to the court or take it down in person?

Thanks, seems to be quite a few of us at the same stage now.

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Hi

Just been reading up on the AQ, will fill it in tomorrow as brain hurts at moment! :confused: Can I just check that I also send in the draft directions. Not sure how to word a covering letter, is it best to keep it brief. Have checked lots of posts but not really sure what to write. Also, is it a bit early to send a nudge letter to Wragges?

Thanks

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  • 3 weeks later...

Hi All

I have been helping my mum with her claim, also with A & L, completed MCOL on 10 July, had 2 offers from A & L - standard offers about a third of amount. Today my Mum has received a Notice of Part Admission (form N225a) from Northampton Court, attached to it is a copy of A & Ls offer letter - which she has already rejected by post to A & L. Has anyone else had this or is this a new take on things. She has to let the court know by 11 August if she wants to accept or decline this, and also has to confirm this to A & L again. I personally didn't have this.

ALSO, she has had her typical 6 page defense from Wragges, now does she send the completed N225a to Wragges or A & L (as the offer letter is from them) Hope this makes sense.

Confused:confused:

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Hi All Please help

Regarding my claim, I have just had this back from the court..

The Claimant shall by 1 Aug file at court and serve on the Def a Schedule of all charges complained of with dates and reasons.

By 22 Aug, all parties shall send or deliver to the other party and to Court written statements, which are signed and dated of all evidence including their own and including any docs which they intend to rely on at the hearing. A final hearing will only be listed on compliance with the above directions.

Does this mean a basic court bundle, would appreciate help

Thanks x

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:) the first part is very similar to mine kp,just do exactly as it says and sit back and wait again.:pits just enough paperwork for the beak to look at then decide a date for court.the second part for the 22 looks like the rest of the bundle,chek with jenny, i think is best move
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  • 1 month later...

Hi Everyone

Been away on hols and it seems really quiet here. Put my court bundle in before holiday and had to refer back to the judge on 29 Aug. for a date. Waiting for me on my return was a letter from CC to say case had been stayed. About to fill in N244 with additional notes on removal of stay. Reading through threads I noticed someone said that if the stay was lifted and you lost the case at court you then became liable for costs? Anyone else know anything about this?

PS Where is everybody;)

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I know its deserted isnt it - thats happened since all the stays

 

I dont think you can be liable for the costs in the small claims track cases - I read that question on a thread and sure that was the answer.

 

If you get a hearing for the lifting of the stay then I dont for one minute expect the A&L will appear. They have not even requested individual stays.

 

Having seen jennys thread on here today they are playing the game -of who blinks first -so just play the game as well. Are you liable for a fee for the appeal against the stay - or is it exempt as at the courts own initiative?

 

Did you know there is also a seperate forum for cases that are stayed under general?

 

 

Keep letting us know what is happening as there are still a few of us who are trying to help if we can .

 

Read the threads in successes as well

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I would keep reading on here and on new posts over the next few days - as A&L seem to have put in thier first request for an individual stay - so that may change things.

 

So please keep reading as many posts each day as you can - as things can change.

 

 

Also there have been two cases where the judges have not granted stays but have frozen charges - this is very relevant as well ( link is on some posts I did yesterday) pre-warned is pre-armed

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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hadyanth vs Lloyds TSB - Goodbye fingernails...

 

please read some threads in lloyds - links on here

 

might help

 

I think the costs may apply to larger claims over £5000?

 

Keep reading

 

 

Plus did you see OFT may be dropping claim

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Thanks for the info Jan makes interesting reading. Havent read up on the OFt dropping the claim yet don't know how that is going to affect all of us with stays on our cases.

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  • 1 month later...

Hi All

Hope everything is ok with everyone.

Havent been around much lately as nothing seems to be happening, I have had a letter from the Courts today to say that the hearing of the claimant's application for Stay to be Lifted will take place on 29 November, so after a few months of not bothering it looks like its back to swotting up on everything again...

Is there much I have to do, my court bundle was sent off in early August. The letter states that it is ordered that this matter be listed on notice to all parties on the first open date with a time estimate of 1 hour?

Anyone have any advice??

Thanks, kp

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I suggest you have a look at the forum under general for cases that have stays or hearings for the stays to be lifted - I will post the bundle for stay hearings in a minute.

 

I think one thing that seems to be coming across is it not easy to get the stays liftes unless you also add a personal argument as to why it should happen - even on hardship grounds people are really struggling.

 

I will post a few threads that may be of interest - but of course you should have a good read round to see if there are any particular arguments that might help your case. To be honest as the courts are arguing the case is due to start shortly I think their hands are tied.

 

 

Bundle for stay hearings

Skeleton argument for stay hearing

 

court stay lifted, new court date - must file a skeleton argument

 

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 1 month later...

Hi All

Had a large package from Wragges today - their witness statement that they have filed with the court today (have hearing to lift stay on 29 Nov). They have just referred to all the points in my letter relating to my request for the lifting of the stay and sent me all the paperwork for Mark Heynes v HSBC and Mark Heynes v A & L at Winchester Court, looks like a nice lot of bedtime reading... Do I need to respond to this or just turn up at the Court? Has anyone else had this?

Thanks

kp:confused:

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