Amex and Newman

[empowered]

Hi guys

Husband has or rather had Amex card which he was informed by Newmans last weekend has now been cancelled. Letter from Newmans dated 29th August demanding full payment within 7 days. They have also added a collection fee of £364.38 (can they do this?). Husband made small payment this week to Newmans.

 

In their letter they say "if you are unable to send full payment contact us immediately to discuss an alternative way forward" so husband rang them to offer them regular monthly chunks which they have refused, and are insisting on the full amount paid by the end of this month or they will start legal proceedings.

 

I am going to SAR and CCA Amex to see how much is made up of charges etc. Is there anything else we can do at this moment, bearing in mind Newmans refuse to discuss any form of repayment method. The amount due is about £2200 plus the collection fee.

[tinkerbell20]

Hi guys

Husband has or rather had Amex card which he was informed by Newmans last weekend has now been cancelled. Letter from Newmans dated 29th August demanding full payment within 7 days. They have also added a collection fee of £364.38 (can they do this?). Husband made small payment this week to Newmans.

 

In their letter they say "if you are unable to send full payment contact us immediately to discuss an alternative way forward" so husband rang them to offer them regular monthly chunks which they have refused, and are insisting on the full amount paid by the end of this month or they will start legal proceedings.

 

I am going to S.A.R - (Subject Access Request) and CCA Amex to see how much is made up of charges etc. Is there anything else we can do at this moment, bearing in mind Newmans refuse to discuss any form of repayment method. The amount due is about £2200 plus the collection fee.

 

 

Has your husband received either a default notice or Notice of Termination?

 

When was the amex card originally taken out? A large number are unenforceable. Get the SAR request in pronto by Special Delivery to AMEX and COPY Newmans in.

 

No their charges are penalties and are arguable at court.

[empowered]

Thanks Tinkerbelle! Card was taken out in 1997 and we have had no notice of termination or DN. We are quite willing to pay debt off over say 4 months but Newmans refuse. I just don't want to start incurring solicitors fees and having to deal with court claims - life is just too stressful at the mo!

[empowered]

Newmans called OH again today wanting the full amount. Again, he offered to pay it over 4/5 months which they have flatly refused. This will not look good for them if it goes to court! We are considering writing to them confirming the conversation and also enclosing a cheque for the first instalment - whether they bank it is up to them. What does anyone think?

[empowered]

Newmans called OH again today wanting the full amount. Again, he offered to pay it over 4/5 months which they have flatly refused. This will not look good for them if it goes to court! We are considering writing to them confirming the conversation and also enclosing a cheque for the first instalment - whether they bank it is up to them. What does anyone think?

 

Hmm - glad we've not yet done the above action. Had a huge wodge of statements from them.... charges total over £1000 without interest added! Plus a very dubious front page of the application form, no copy of the reverse and current T/Cs sent. All in all, hardly enforceable so LBA going off this weekend.

[empowered]

Newman's numpties are still calling OH on a daily basis - they are still insisting on the whole amount being paid and will not consider partial regular payments. Had a letter headed "Legal Action" yesterday saying "despite substantial efforts on our part we have been unable to arrange clearnace of the debt"!!!!! Err, we had offered regular payments to them! They are now threatening a storm of frogs, newts et al plus a statutory demand for bankrupty.... Had a letter from Amex in reply to our Prelim quoting OFT guidelines and they feel charges are in line. LBA sent yesterday.

[Viscount Stair]

Same response I got to a letter pointing out an arbitrary fee of over £1200 is against UTCCRs and OFT DCGs - apparently they feel it is appropriate.

[empowered]

Well, we have Amex on a back foot... OH recieved "without prejudice" letter on Saturday, refunding a percentage of the charges, (the difference between pre and post 1 July 2006 default charges) and confirmation that the collection fee will be waived. However, if we decide to pursue legal action for the rest they will defend and recover costs, la-di-da.

 

Question - has anyone gone on to claim for the remainder of the charges and won? (or lost:eek:)

 

OH then received today letter from Newmans wanting immediate payment of the balance threatening that "we may receive a County Court Summons shortly" - is there a suitable letter to remind these numpties that they cannot pursue this debt whilst still in dispute?

 

Many thanks

[Alphageek]

This is what I sent to the fools at Newmans.

 

Newman & Company Ltd

Limewood House

Limewood Way

Leeds

West Yorkshire

LS14 1AB

 

Notice pursuant to s.10 of The Data Protection Act 1998.

 

Re: Amex account no. x

Newman reference: x

Account holder. Alphageek

Address. My house

Whereas I have been in correspondence with American Express Services Europe Limited since 1997, they and Newman and Company Limited have failed to produce a correctly executed agreement between myself and American Express Services Europe Limited implying my consent to process any data where I am the data subject. Without such consent, American Express Services Europe Limited had no authority to disclose any data where I am the data subject to a 3rd party such as Newman and Company Ltd.

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party.

 

As you do not have, and never have had, my consent to process any data where I am the data subject I require destruction of any data you hold where I am the data subject. I also require a certificate of destruction showing

 

• Date of destruction
  
• Description of records or Record series disposed of
  
• Inclusive dates covered
  
• Method of destruction
  
• Name of person the records where destroyed by
  
• Name of Witness to destruction
  
• Name of Department Manager
  

Additionally, I require a quarterly written statement that no data has been processed by you where I am the data subject.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Failure to comply with this request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.

I expect to hear from you within 10 working days from the date of this letter. If you do not reply, it will be taken that you have failed to comply with this notice and I will pursue my legal rights without further notice.

Yours faithfully.

[empowered]

Hi AlphaGeek

 

What happened? Did you get any response?!!

[Alphageek]

A couple more letters, then they just cleared off and left me alone. Which is what I wanted.

 

I am currently awaiting allocation with Amex and Brachers Solicitors.

[empowered]

Question - has anyone gone on to claim for the remainder of the charges and won? (or lost:eek:)

 

Many thanks

 

Hi

Can anyone answer above? We need to decide our next action:???:

[Alphageek]

Here's one.

[empowered]

Oh, another missive from Newmans accusing OH of tying to create obstacles to avoid payment... the matter is in your hands, etc. Will now definately start court claim for the remainer of the charges as the "agreement" both Amex and Newmans have sent is a 60 second application form with no prescribed terms, and is only suitable for cat litter.

[louloujs]

Hi

 

I am so pleased I have found this thread. I have been so depressed with the Newman Heavies that I was beginning to think of chucking the towel in...

 

In brief, I have a debt of £7500 to Amex, was told to pay £280 by 18th September to avoid cancellation, after they took my payment on the 18th I was told I should have paid on the 15th to allow time to reach account etc etc. Then Newman harrassment began. I offered monthly payments but they declined. I am today sending out self-admin CCCS dmp letters and will send £1 direct to all creditors.

 

Today I have had letter from Newman & Co are saying "we have been instructed to pass this matter to our solicitors, messrs Addlestone.... for a Statutory Bankruptcy Demand to be issued"

 

Within my portfolio of debt chasers, these are by far the most aggressive, intimidating people to deal with. I was even in tears as I read out the OFT guidelines on harrassment, but I did get the words out and the guy hung up. Then rang back, when my husband answered there was a 'tut' and then he hung up...

 

Going to read back through this thread for help, any first thoughts. I can't face Bankruptcy, have equity in home. Want to pay monthly but they are giving me zero options.

 

Help and thanks

[louloujs]

Thoughts are getting clearer now. Would I be right in sending the above letter kindly quoted by Alphageek to Newman & Co? I'd like to do so today.

 

FYI, Apparently default issued today. I have been charged £1380 in collection fees by Newman & Co.

 

Help...

[louloujs]

Just bumping as I need to get a letter of to Newman & Co/Amex and I'm really stuck as to know what to do next. Should

[empowered]

Hi Loulou

Sorry - have only just seen your post! Send a Subject Access Request letter to Amex (with £10) plus a CCA request for your agreement form (£1). Make sure you pay them via postal order and do not sign anything - just print your name. By sending the above you will find out how much they have added to your account by imposing charges plus the CCA request will establish if they have a properly executed agreement which allows them to chase you. If you act quickly enough, you can start the ball rolling by issuing a court claim for the repayment of the illegal charges and they cannot chase you for monies whilst the account is in dispute. Newmans are despicable and won't attempt to negotiate or even discuss a repayment programme. Let us know how you get on.

[louloujs]

Thank you, fantastic. Will do this today. I imagine I can find template letters on the site.

 

Lou

[louloujs]

Just a thought, Is it going to take some time for them to respond to SAR and CCS? I can try and stall Newmans for a bit longer with the promise of something.

[louloujs]

Right, have sent SAR and CCA special delivery. I will ring Newman Heavies and use delay tactics. Do you know how Amex tend to respond to these requests i.e. timewise? The collection charge of £1350 that has been added onto Newman's statement is ridiculously high, I can't see that there are likely to be other excessive charges though. Would that one charge be sufficient to pursue?

 

Thanks again for your advice.

[empowered]

Right, have sent S.A.R - (Subject Access Request) and CCA special delivery. I will ring Newman Heavies and use delay tactics. Do you know how Amex tend to respond to these requests i.e. timewise? The collection charge of £1350 that has been added onto Newman's statement is ridiculously high, I can't see that there are likely to be other excessive charges though. Would that one charge be sufficient to pursue?

 

Thanks again for your advice.

 

Hi Loulou

Read through my posts to see timeline. They are pretty quick in getting back. Don't bother to ring Newmans - you'll be wasting your time and only raise your blood pressure! We got our collection charges cancelled when we sent the LBA (letter before action). (Unless of course, you don't want to get the £1350 repaid?!

[louloujs]

Thanks.

 

I just rang and spoke to the 'good cop' at Newmans (they have my name because I reported them for harrassment etc and I have been assigned someone 'gentle'). Anyway, a bit of flannel and I have bought 10 days.

 

Will read through your posts, but just a quickie. If I can have the collection fees cancelled, I still have the problem of the debt. I am doing a self admin dmp with others but with this one preparing for bankruptcy I have taken a different approach.

 

Am I the lap of the Amex gods with what happens next (I know they don't like long term offers) albeit without the burden of collection fee?

 

Thanks again for your help. Hopefully the SAR will come up trumps and I can sleep happily again...

[louloujs]

Empowered - did you take a look at the Padders-v-Amex case linked earlier by AlphaGeek? There's hope for us all. it has made me all the more determined to pursue this.

 

I have definitely not received a notice of assignment from Amex to Newman & Co. I haven't asked for one yet, but we'll see what the SAR and CCA throws up.

 

In the light of bankruptcy threats etc "you do know we can take your home" (literal quote) I suddenly feel, well empowered!

 

Good luck with you on yours.

[empowered]

Empowered - did you take a look at the Padders-v-Amex case linked earlier by AlphaGeek? There's hope for us all. it has made me all the more determined to pursue this.

 

I have definitely not received a notice of assignment from Amex to Newman & Co. I haven't asked for one yet, but we'll see what the S.A.R - (Subject Access Request) and CCA throws up.

 

In the light of bankruptcy threats etc "you do know we can take your home" (literal quote) I suddenly feel, well empowered!

 

Good luck with you on yours.

 

Hi Lou

Just read carefully all the threatograms you get from DCA etc... the words "may" "possible" etc keep being used just to frighten you into paying. Your heart starts thumping when you get them, but calm down and read very carefully and you will see a desperate pattern emerging! You will definitely get your collection charge back from Amex but you will have to keep at them... can't help with dmp I'm afraid but I'm sure there are others who can. Shout if you need more encouragement - we are all, or have been in similar situations!