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wishiwasrich

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  1. Ok so I wait for the reply to the CCA and SAR from Newmans before sending anything else then - given your subsequent replies (thank you) - I should quote various sections as above and report them to the OFT? When do I get to challenge the amount owed?
  2. I received the email from them exactly as above by registered post yesterday morning. The only difference was they put the amount outstanding at the top. In January when they wanted the whole amount repaid it was £9k. Since then I have repaid £4.5k - so how is the balance still over £7k??? Surely that rate of interest is usury if not illegal? Thanks again
  3. So the reading glasses just acquired were a good investment then!??! :) Mind you I am at needing them at all Thanks again BTW I believe clicking on the scales gives you brownie points of some sort so I have done so
  4. I am in awe at your knowledge! Tell you something else odd - Amex sent me a new card on the renewal date earlier this year (I destroyed it but kept the letter it came with). All I want is to pay the right amount sans stupid charges and definitely without unpleasantness. Newmans want one third more than the minimum payment as it was last Dec - I've repaid half since then. I am tempted to copy all documents to Amex inc the emails saying how much I could pay when AND the letter they were sent after I returned from abroad asking if they could hold charges and accept a minimum amount (which they never acknowledged). This also quotes their representative who was most apologetic at waking me at 4 am local time who confirmed (as did Newmans on our first call) that my track record and credit rating with both Amex and generally was immaculate and the other card had been cleared to their satisfaction long since before I cancelled it. Presumably I should wait to see what happens from the first two letters but would the data protection request (SAR) reveal they sent me another card? Thanks again
  5. The first civil contact I've ever had from Newmans - response to my email as above (they cannot have received the letters yet). Dear XXXXXXXXXXXX Thank you for your e-mail the contents of which have been noted. It is disappointing that you have chosen to go down the route of a CCA 1974 request however for the avoidance of doubt please note the following: Such a request is now commonplace in our market due to internet advice and is usually designed to claim requests for recovery of a said debt are illegal due to claims a debt is unenforcable. The basis of these claims is failure to provide a true copy of an original agreement along with terms and conditions valid at the time of opening along with all updates. Further requests often include full historical statements despite all having been previously provided on a monthly basis. Please note that whereas these documents were at one time a long process to retrieve the now commonplace CCA 1974 requests result in a swift turnaround. We have today requested all documents on your behalf ahead of receiving your formal request and these will be with you by return upon our receipt. These will include a copy of your original application, all valid terms and conditions and the statement run of your account. Please note any attempt following receipt of these documents to claim your debt is unenforceable will be challenged by our specialist team within our Legal Department. With this in mind it is worth you noting that any such claim will be made more difficult on your part due to your continual acknowledgment of your debt with our client both in the form of payments and payment offers following the use and cancellation of your American Express Card. In order to pre-empt your initial response back to us once you receive the above documents please note the following: Sections 77 and 78 of the CCA state that a creditor must give a consumer a copy of their executed agreement within 12 working days of receiving a request in writing and the appropriate fee. The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (CNCD) specify that every copy of an executed agreement, security instrument or other copy referred to in the CCA and delivered or sent to a debtor under any provision of the Act shall be a true copy thereof. However, it is well established that a 'true copy' is not an exact copy. Regulation 3(2) of the CNCD Regulations allows the following to be omitted from any copy: a) Information in the original which relates to the debtor, hirer or surety or is included for the use of the creditor or owner only and which is not required to be included in the original agreement by the Act or by any regulations as to form and content. Therefore it is not necessary for the copy to reproduce, for example, details of the business or occupation of the debtor, the name and address of the employer or bank details of his income etc, b) Any signature box, signature or date of signature. Therefore there is no requirement for an organisation to send you a copy of the original agreement. They may simply send you a copy of the terms and conditions of the agreement. Further to this, sections 77 and 78 of the CCA do not apply once the agreement has ended; therefore a creditor does not have to supply you with an exact copy of the agreement at anytime. Furthermore, the failure of a creditor to produce a copy of the signed credit agreement is not, on its own, evidence that your debt does not exist and therefore cannot be pursued by further means of litigation. If the credit grantor can supply some other evidence of the agreement and you have no evidence to contradict this then it is likely to be proper for the debt to continue to be pursued by any means seen fit by the creditor. ***** I have found the correct bank details for Amex and will set up a payment for £100 each month. As no further temp work appears to be forthcoming I am going to sign back on as unemployed tomorrow hence £100 is generous in the circumstances. (I am not trying to avoid repaying the correct debt to Amex) Interesting they refer to correspondence - I found my emails telling them precisely that the amount offered was explicitly only for the term of my temp contract and would have to be reduced on the completion of that contract. Thanks again for all your help
  6. Just a note to say good luck. I've just won against 02 in a dispute - they tried to take me to Small Claims court and the judge dismissed it without a hearing. I used to own a small business and had problems with both 02 and Carphone Warehouse that were entirely of both companies own creation. Their billing systems are atrocious so keep battling with them to get a decent response. In CW's case we moved an 02 phone to Vodaphone. They gave us the PUK code! 3 months later they were still taking the DD so we cancelled it by which time they owed us about £90. They then threatened to take us to court for about 6 missing direct debits - it took 6 MONTHS to get them to give us our money back and admit they were wrong. In 02's case we cancelled all our contracts with them in June last year when all the staff were made redundant. They tried to claim we had RENEWED them all (someone in-house must have been on commission). When the last legitimate DD for a contract expired in Nov 07 I cancelled the DD. My staff all swore affadvits that even my accountant verified to them that we were closing down. No joy - they just lost. Keep going and good luck
  7. by the way - am I right in thinking that if I put monies (however much I can afford) into a separate savings account 'in escrow' for Amex pending resolution of disputes rather than pay Newman this would be viewed favourably from a legal standpoint in the event it ever went to a hearing or similar? If not, is there a way I can pay AMEX direct even if they dont' want me to? Thanks again. I'm sure many sleep more easily due to this site and I'm definitely going to donate when funds allow. My husband says I'm noticeably happier already!
  8. Will do I just sent Newmans a lovely polite email (from a disused address with an autoresponder saying emails sent here are not read) thanking them for pointing out yesterday (when I was trying to discover what terms they were under and how they were regulated) that I should "look us up then". I have pointed out that having taken their kind advice I discovered that I should send them a CCA request and Cease Harassment letter which they will receive recorded delivery in the next couple of working days... with a little luck they will go back to the recording (they later claimed they were making when I said I was - until I pointed out there was no warning of this in advance) and someone will be in HEAPS of trouble.. I can but hope Thanks again
  9. A little light reading!??! Thank you.
  10. Thanks all btw. I'm trying to balance job hunting and trying to make some money with the time it takes to chase all of these things. My OH is an insurance agent in a mutual (one of the good guys I promise) and he is utterly disgusted with them... he found this site for me after a particularly bad day. He is FSA registered so we cannot have defaults on our home address hence I've tried to play nicely with everyone and deal with all in an ethical, polite manner - shame the other side don't do the same Thanks again
  11. I haven't even been told the claim is invalid - the insurance arm dont answer my calls nor ever responded to the claim but say MBNA had no right to say I was covered that is up to them. MBNA bounce it back to insurers and still refuse to cancel the cover!!!!
  12. I have no objection to repaying the correct balance i.e. from the last Amex statement I think was January minus the amounts I have paid since (which is half of it) at the amount that was the minimum direct debit. Newmans refuse to accept this. Thanks - letters going out tomorrow I'm tempted to email one of them from an old email address to warn them the CCA and Telephone Harassment letters are coming to see if they back off (the email address has an auto reply saying it is old and rarely checked) as you all seem to be saying that Newmans won't know how to cope with it. Is the account in dispute from the time they receive the CCA letter? Thanks again
  13. My MBNA card predated a redundancy and setting up my own firm. As the latter two were so close together I didn't claim the PPC insurance at the time. However (and this is nearly 5 years ago) I did tell MBNA on a number of occasions that I was self-employed as Director of a Ltd co thus did not believe they should charge the PPC as they wouldn't let me claim. They repeatedly said they WOULD cover me. Lo and behold I had to shut the business due to a family illness abroad. Several calls to MBNA later (and several of their's to me where I told them their insurance should be making payments not me) they first claimed they didn't know which insurer it was. Then it took a month to send me the insurance forms. Then nothing. In the meantime I paid the outstanding due as I had started a temp job. Still nothing. My latest statement they are STILL charging me for this. I've called to complain twice and been put on hold for 40 mins plus whilst they bounce me around. I want the entire amount of PPC back I have paid over the last 5 years which must amount to 1000s - do I have a case? My husband thinks I should report them to the FSA Thanks in advance
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