American Express and Newman DCA, help needed

[debbage]

Hello,

 

I am in the same situation with Amex and Newman. I have been to the citizens advice and sent all my creditors and income and expenditure sheet with offer of a token payment of £1.00 for the next 6 months, after which my income will be in a situation to offer a more substantial ongoing monthly payment plan. All of my other lenders have agreed bar Amex who passed it on to Newman.

 

Newman have threatened me with bankruptcy order which I have spoken to them to make them aware that if this happens they will not get a penny from me as my property is in negative equity and if I am forced to go bankrupt I will also lose my job and have no means of paying anything and I want to pay my debts off so its not as if im hiding. They advised me to get a solicitor and I said I wouldnt as the cost of this would mean my lenders would miss out on getting money that I want to pay them

 

They do not seem bothered with this and are not willing to accept anything bar the full payment, as they state this was part of my credit agreement that if i defaulted that I would repay in full. I have sent a letter asking for this today.

 

Any advice for what to do now would be very helpful thanks

[huggy41]

hello debbage and welcome to the cag

you state you have sent a letter to them was this a cca request i ask as it is the 1st thing that should be done as it can then give us a good grounding as to what to do next

[42man]

Debbage.....was this a credit card ? In my opinion Newmans are being unreasonable in not accepting payments....if indeed this is a credit card then send them letter 'N' from here (as Huggy says above).... - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html - You need to send this request with a £1 postal order, and send it by recorded delivery...If they can't provide this in 12+2 working days then they are in default of your request and the debt is unenforceable while this default continues...

[ScabHunter]

There's always one, isn't there?

 

I just hope the agreement comes up unenforceable. That way, while the other creditors get £1, AMEX will get £1 less. That is exactly what they deserve.

 

Then, when the other creditors who were prepared to work with the OP and not behave like brainless baboons are getting paid increased amounts, dear old AMEX will still be getting what they deserve.

 

I don't think forcing you into bankruptcy would give them a great return on the £1000 or thereabouts they would have to shell out to achieve this.

 

I don't suppose the alleged debt is for less than £750, is it? That would make the situation even more comical.

 

CCA request is definitely the way to go here. Just for the record, how much of this alleged debt is made up of unlawful charges? This information may come in useful as well.

 

It is important to get a dispute on this account as you don't really want to end up with a CCJ. Although if you did, you would only end up paying what you could afford, in this case the £1 a month that you offered these clowns in the first place.

 

Were you sent a Notice Of Assignment by AMEX? Or was it just a botch job from Newmans?

Were you issued with a Default Notice, and if so was it compliant?

 

SH

[cashins]

There's always one, isn't there?

 

 

Yeah, mine was NatWest and guess what - no CCA.

 

CCA them Debbage - see what they have.

 

David

[debbage]

Yes it is a credit card with a balance of just over £7500, but they have now added collection charges of £1,211.93 for passing it to newmans who will not take any offer bar the full amount.

 

I have asked for the credit agreement to be sent, so will need some advice once this is back for what to do next and what I am looking for.

 

thanks everyone

[cashins]

but they have now added collection charges of £1,211.93 for passing it to newmans who will not take any offer bar the full amount.

 

 

Standard Amex, ignore the charge, they could never make it stick.

 

David

[debbage]

how do you mean ignore the charge?

 

thanks

[cashins]

Amex use it as a bargaining chip.

 

If you were ever negociating a settlement, they would offer to waive it.

 

There is nothing in their contract that says they can apply such a charge, therefor it would carry no weight in a court and in fact the charge itself alone could be grounds for contesting any court claim as it would make their figures wrong.

 

David

[rev.ian]

Hi Debbage dont talk to Newman on the phone, make them write they have loads of standard letters to send you all they have to do is press a button and another load of rubbish will come out with your name on.

[rev.ian]

Go back under your stone Sommerville sorry summersbyI don’t think you should be naming names on here. I hope he declares himself bankrupt and Amex will then get what they deserve NOTHING

[rev.ian]

Before you think I am going mad, that was a reply to a message that a person put on this thread. He is not one of us and I reported him. His message has been removed and left me looking like a fool. lol

[42man]

The post has been moderated Reverend.....please bless him for he know not what he doeth !!!....and you aren't mad !!

[rev.ian]

Good man 42 I think I know who he is. I put it in my report to the site, if you didnt get the message please message me I will be happy to grass.

[freakyleaky]

.....please bless him for he know not what he doeth !!!....

[rev.ian]

He know what he doeth ok.

[cashins]

I suppose arranging a bolt of lightning is out of the question then?

 

David

[pt2537]

Good man 42 I think I know who he is. I put it in my report to the site, if you didnt get the message please message me I will be happy to grass.

 

I have dealt with this chap before myself,

 

in my professional capacity might i add, and i would just like to send a message to him

 

ive never lost a case against you, and i dont intend to either, oh and by the way, got a nice letter dictated recently that will be on its way to you

 

i look forward to your reply or should i say, i look forward to your discharging my client from the defective agreement

[MARTIN3030]

Let no man cast a stone.....with exception to our very own...............J2B;)

[louloujs]

Hi Debbage

 

Safety in numbers so, as we're in the same boat, suggest we keep an eye on each other's threads - here's mine:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/166114-american-express-newman-co-2.html

 

I have already SARd and CCAd Amex and it appears my agreement in enforceable. I want to challenge the collection fee (mine is £1400) but am waiting for a pointer to a template to do so and in the meantime, I will write to Newmans and ask them to put their communication in writing.

 

I want to pay over 6-12 months but am hoping once this gets to a solicitor I'll be able to do so a Newmans are the brick wall of cooperation.

 

Good luck, Lou

[debbage]

Hello,

 

Today I have received a copy of my credit card application form as requested within the deadline of 12 days.

 

What am I now looking for on this, also part of it is blurred and unable to read what it says.

 

thanks in advance

[louloujs]

Hi

 

You could take a look at my thread for the response I got when mine arrived. It seems my agreement is enforceable, just waiting for more advice now...

 

The link to my thread is above. I imagine you'll receive some tips shortly.

 

Good luck

[cashins]

Today I have received a copy of my credit card application form as requested within the deadline of 12 days.

 

What am I now looking for on this, also part of it is blurred and unable to read what it says.

 

 

If you cannot read it they have not complied properly with your CCA request.

 

If they cannot retrieve a clear copy themselves, (which is very possible), they could not enforce it in court. Can you scan it and post it up, (removing all personal details, barcodes etc)?

 

David

[debbage]

Hello,

 

please find attached a copy of the application which in parts is blurred so you can not see what it says and a copy of the credit agreement.

 

help needed on what to do next as they will not accept my £1.00 toekn offer for the next six months unlike my other lenders. Do I still send them £1.00 even though they have said no?

 

help me please

amexappscan.pdf

amexagrescan.pdf

[cashins]

Ok.

 

A fair ammount of the small print is illegible which is cause for complaint in itself.

 

I am pretty sure the prescribed terms are not there. I would appear to rely on the terms and conditions being part of the agreement and if you cannot read the CCA, there is no link.

 

I would say unenforceable, however as all of my agreements are from an earlier period, you need a second opinion for a 2005 document.

 

I am sure someone more knowledgeable on what was required in 2005 will advise.

 

David