Newman and Cap1 debt

[joneshousehold]

Glad to help. I find referring to the guidelines quite useful because all the threads on here just end up confusing me. I also am concerned that whilst I can follow someone's advice, without knowing the legislation to back it up if the creditor came back and said No I was no further on. Now at least when they say I am wrong I just refer them to the guidelines and ask them to give statutory backing for their view. That often wrong foots them. This just shows that many of them don't even understand the law they operate under!

 

So Cristal I think if Newmans just ride roughshod over your rights, it's time to report them

 

Zubo, you are doing a great job. It must be the booze that's making you befuddled because you seem well in control from where I sit. I did find the OFT guidelines quite a revelation and what seemed a glimmer of hope turned into a strong belief that I had a good case against all my creditors. So far I have managed to get one to admit there is no agreement in ther archive (and in the immortal words of Homer Simpson "Woo hoo!) and the other 6 (shocking behaviour on my part!) to produce documentation that is clearly faulty when examined closely. I haven't felt so financially empowered in years!

 

I also managed to pursuade another CAG member that the agreement he thought was enforceable was in fact so faulty it can never become enforceable because it failed to give cancellation rights. Now that is one that I am particularly proud of. It's not a personal debt thing for me, just a bit of legal retribution.

 

Anyway I am rambling because we have not long got home from enjoying a swift pint at a local pub sitting in their garden next to the river. A perfect way to spend a sunny spring Sunday afternoon.

[zubo]

Isn't life grand when you can enjoy lifes simple pleasures - a pint, great company, a sunny day, a river and a garden...

 

makes the battle more tolerable... in fact I was eminently polite to Cap1 call centre person when I declined to provide any id checks = closed discussion. I feel sorry for these folk - its not their fault - such a sh+++y job.

 

Ah well, the law will prevail...

 

Z

[Cristal]

So far I have managed to get one to admit there is no agreement in ther archive (and in the immortal words of Homer Simpson "Woo hoo!) and the other 6 (shocking behaviour on my part!) to produce documentation that is clearly faulty when examined closely. I haven't felt so financially empowered in years!

 

If it makes you feel better, I have about a dozen that I am battling with! Cx

[zubo]

So far I have managed to get one to admit there is no agreement in ther archive (and in the immortal words of Homer Simpson "Woo hoo!) and the other 6 (shocking behaviour on my part!) to produce documentation that is clearly faulty when examined closely. I haven't felt so financially empowered in years!

 

If it makes you feel better, I have about a dozen that I am battling with! Cx

 

yeah I know, I'm in the same boat - the national debt of Bolivia pales into insignificance compared to me.... how on earth this happened - I haven't a clue.

 

Zx

[ODC]

If it makes you feel better, I have about a dozen that I am battling with! Cx

I am just being prssured by two at the minute. Lowells who doubtless will be passing it to Hamptons and Robinson Way. At the minute Im ignoring them as long as possible. I will CCA them at the last minute and hopefully by the time they get their arse into gear it will be Statute Barred time. I will then further delay the process by SAR ing the original lenders. I have no qualms or scruples about doing this with these two companies because I have suffered threats, verbal abuse and all sorts from them. Other lenders/DCAs who have been sympathetic to my present plight receive nothing other than my full co-operation and indeed get all their money albeit over a longer period than they or I would wish.

 

The sooner these so-called professionals learn civility and good manners the sooner they will get the respect and co-operation of the debtors.

[Vonsworld]

Hello,

 

I may be in an interesting situation with Newmans and so perhaps you could give me some advice...

 

Newmans are chasing me for a debt to Amex.

 

I sent them a CCA letter with the £1 fee. (At the time I didn't realise that I could have sent them an SAR letter too).

 

In response they sent me a large envelope with copies of all my Amex statements, my online application form, and a copy of the Terms & Conditions. But nothing with my signature on it.

 

They say in their letter "We did request a copy (from Amex) of your signed credit agreement however this was unavailable"

 

If they can't produce a copy of the signed agreement, does this mean they cannot chase me further?

 

I thought it unusual that they sent me so much information about the account, even though I only wrote them a CCA letter. Also they're offering to write off their £870 fee if I settle within 7 days! It doesn't sound like something friendly old Newman's would normally do...

 

Best wishes

 

Dave

[zubo]

Hello,

 

I may be in an interesting situation with Newmans and so perhaps you could give me some advice...

 

Newmans are chasing me for a debt to Amex.

 

I sent them a CCA letter with the £1 fee. (At the time I didn't realise that I could have sent them an S.A.R - (Subject Access Request) letter too).

 

In response they sent me a large envelope with copies of all my Amex statements, my online application form, and a copy of the Terms & Conditions. But nothing with my signature on it.

 

They say in their letter "We did request a copy (from Amex) of your signed credit agreement however this was unavailable"

 

If they can't produce a copy of the signed agreement, does this mean they cannot chase me further?

 

I thought it unusual that they sent me so much information about the account, even though I only wrote them a CCA letter. Also they're offering to write off their £870 fee if I settle within 7 days! It doesn't sound like something friendly old Newman's would normally do...

 

Best wishes

 

Dave

 

Dave

 

I would write back thanking them but stating that they have not complied with the CCA and they are in default.

 

Remind them that if they cannot produce a true copy of an executed agreement then they have a completely unenforceable agreement even within a court and you are formally denying that owe this debt.

 

You will need to consider a follow up letter maybe 2 weeks down the line, since you have your statements, which lists all their interest and penalty charges - if they cannot supply a signed agreement you should ask them for restitution of all unlawful charges they have made and you have paid incl compound interest.

 

Z

[Hedman87]

this is similar situation to a thread i have just started, any more updates from the cases in here?

[torres23]

on boxing night i sold a ticket for lush northern ireland on ebay for £60, the buyer came and collected it in person but paid via paypal

 

so then the slimeball goes and requests a refund saying he never received the item, noy paypal have passed me debt onto newman who continue to bombard my mums address with letters

 

i have told them the situation but they say as i dont have proof that the buyer received the item, i am responsible for the debt

 

has anyone experienced similar circumstances?

[torres23]

anyone?

[mimix15]

hiya everyone =]

i recently got a letter from this newman debt place saying that their client pay pal has passed over a debt i owe of £16.90 which i find strange as i havent used my pay pal in months and atm its frozen for some reason which i rang pay pal over and the guy in customer service said he couldnt understand why it had been done, anyway...i was looking through what i could of my pay pal and the last thing i got was of $7.00 which left me with £4.72 in my account and then i got a e-mail saying that missmysoaps.com had sent me $16.00 which was odd because i never broght anything and couldnt accept it anyway because of my account being frozen.....so where have they got this £16.90 from?

I just dont understand as anything before that $7.00 payment i hadn't used my account in over 3 months, i know i need to ring up but i was just wondering if anyone has expierenced anything like this and maybe its a [problem] or something?

[Craigbadger]

Probably not, I know newmans are collecting for ebay/paypal.

Doubt they will do much anyway, refuse to confirm your id and log into paypal, see what it says. Chances are you can clear the balance there.

The advice you will be given is never ring debt collectors.

Deal direct with ebay/paypal it'll annoy them as they dont get a cut either.

[lcarter1987]

I've had a letter from these guys today saying I owe them £16, no more information.

 

Phoned them up as wanted to know what it was for and they said I had an unpaid debt with ebay of £58 (which I paid last week, my fault, I completely forgot about it and the emails were going to an old little used email account) and this was their charge for chasing the debt...... I did say that this was the first I had heard of it but apparently they sent a letter a few days ago chasing the full amount. Now I've read the ebay conditions and it does say that debts may be passed to collectors and a charge may be added by the collector for 'collecting the debt'. My argument is that they didnt collect the debt and ebay have already accepted the payment and re-instated the account. Do I have a leg to stand on as this seems like them charging money for nothing to me. I have asked them for a letter detailing what the charge is for.

Cheers for any advice

[cerberusalert]

Ask them 'What debt?' and refer them back to ebay. They can't collect or charge for a debt that no longer exists.

[lcarter1987]

Ok thanks, when I get the letter i'll fire one back saying that the debt they are charging their admin fee for doesnt actually exist and they should contact ebay if they wish to dispute this. Anything else I should mention or do you think this will be enough?

[cerberusalert]

That should be enough, if they continue to try and pursue ignore them as they haven't a leg to stand on.

[lcarter1987]

Ok thanks for that, was kind of tempted to pay it as dont want a black mark on my credit report (used to be in a lot of trouble but got myself out and have been totally debt free for 3 years now) but hopefully they wont bother even trying to register it for £16

[cerberusalert]

They can't register it on your credit file for the simple reason you don't have a credit agreement with them.

[lcarter1987]

ah right, didnt know that. Guess you do learn something new every day. Thanks for all your advice, I really appreciate it

[Arikostinaal]

Can I just thank everyone that took their time to post on this thread. It's been incredibly helpful for a company that uses rather threatening tactics to try and get money from people.

 

So THANKS!