AMEX/Newman's (again!)

[Jargonbuster]

Hi To all and an apology for any overlapping with other posts re Amex &/or Newman DCA.

I won't bore you with my earliest dealings with Amex &/or Newman's, suffice it to say that it follows, almost exactly, the same path as others have reported. To that end, a brief summary of where I am following a CCA(s77-79) request to Newman's, sent by recorded delivery on 13th May 2009 (letter dated 12/05/09), plus a request for a copy of their internal complaints procedure, giving them 12 working days from receipt of the letter to reply. [This cuts out all the preliminary telephone and letter exchanges since early April].

 

Today, I received a reply from Newman's (dated 27/05/09) comprising a cover letter (brief to the point of near obscurity), a moderate photocopy of the front page of an Amex "60 Second Application form" (bearing my signature and dated June 2002 but having a date stamp that appears to say 2082! No other signatures) and a copy of their "Internal Complaints Process" (which, as another post reports, is a flow chart marked "Complaints Process Version 1", authored in May 2007).

 

Having followed the various Amex threads here, I've got an idea of what's meant to happen and what should have been supplied; a photocopy of the application (no terms or conditions at all and no sight of the contract between Amex and myself) is, I'm sure, hopelessly inadequate as a reply. The flowchart for complaints handling was requested following a 6 point letter of complaint that I'd sent (cc'd to the OFT), to which their response was that complaints to them, the CSA or the OFT would be handled in the "appropriate way" - I wanted clarification of what "the appropriate way" was. [it seems to involve both more than they offered and a different method of handling than used].

 

Pertinent Document background:

Letter / Dated / Document Issued by Amex / Date Received

1) 18/03/2009. Default Notice served, under section 87(1) of the CCA 1974. 26/03/09

2) 02/04/2009. Notice of Default Sums, under section 86(E), CCA 1974. 07/04/09

3) 04/04/2009. Notice of Cancellation of Amex Credit Card Account. 10/04/09

 

1) States that " ... £xxx.xx must be received within fourteen calendar days from the date of this Default Notice." - presumably breaching the allowance for time in post (in this case, apparently, 8 days!).

2) Added an "Administrative Fee" of £xxx.xx (roughly 1/6th the outstanding amount) and asserted that payment was due on 06/04/2009 - Payment due within 4 days of document preparation and one day before I received it.

3) Notice of cancellation of "your account and credit card account agreement with immediate effect" - if the account is cancelled, then why does the amount outstanding go up every time I receive a new letter from Newman's?

I've disputed the original 16% fee as being disproportionate to, a) the work involved and, b) the outstanding balance due, for being excessive to the extent of being punative, and for being arbitrary, as I can find no documentation that provides for the levying of fees or charges against the account in the event of default (or for any other reasons, come to that!). Amex's response seems to be that they've charged it because they can, whilst Newman's haven't offered a reply at all, though they do call it a "Collection Fee" (which I'm more inclined to believe). Either way, following the issuance of 3), I fail to see how the total amount keeps going up each month?

 

I presume that I should now go back to Newman's and point out that they haven't supplied the requested documents but, should I now go directly to Amex as well?

 

I went the CCA (s77-79) route after Newman's set Cope's Solicitors on me and I wanted a breathing space, I don't really feel that I'm finished with Newman's yet. As an aside, Cope's must do a lot of this stuff. It was a stock letter, run off on a photocopier with a failing drum, poorly written and contained grammatical errors - presumably a junior clerk had knocked it up during a 2 minute tea break.

 

It may seem that I'm in full control, but I'm actually getting to the semi-burned out stage as I'm also fighting Lloyds-TSB (I'll post any reply I get from a CCA(s77-79) request plus demand for a copy of their "Solver Guidelines", which seem to breach Banking Code and OFT guidelines) whilst juggling with other creditors and the DWP, who saw fit to suspend my benefits in early March, without telling me

 

I'm also dealing with National Debtline, trying to sort out a payments plan (gee, I'll only be 73 by the time I'm free and clear!) before the DWP managed to screw that up, and will probably continue to do so if it's at all viable to continue.

 

Sorry for the somewhat disjointed account, I don't think I'm quite 100% with it today - a mixture of Newman's and medication does that to me.

 

jb

 

N.b. Whilst I have nothing by way of money to donate to the site, I will happily give what help I can to anyone having general insurance problems (I'm an ex underwriter of US property business but do have a decent working knowledge of UK policies and practices - policy jargon etc.).

[Jargonbuster]

As an update to my Lloyds-TSB CCA(s77-79) request (plus demand of production of their "Solver Guidelines" documentation).

 

I received, today, a letter from Lloyds-TSB that completely ignores the CCA request (it doesn't even mention it!) and comprises a personal finances form to fill in and offer of help sorting out my finances - it's like a time loop and we've returned to the beginning of April! They've had the financial breakdown already, they refused the offer settlement as it didn't meet their "Solver Guidelines" and that was what prompted my request under CCA(s77-79) in the first place .

Do I now write requesting the details again or to point out that they are in breach of the CCA rules (have had my £1 and don't get to pass "Go")?

 

jb

[Jargonbuster]

Just a note for anyone reading and getting the Amex two step - check out this link in Smouk's thread: Amex Action Group item #83.

 

jb

Edited October 18, 2009 by Jargonbuster
missed out post number