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Hestia

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  1. After all this time I finally sort of have an update - any thoughts as to what to do next? The update is that yesterday I received a letter from NCO Europe (who I think own RMA who were the ones who issued the SDA.) It had taken 2 weeks to get here (abroad) and said that they sent an acknowledgement to my CCA request back in November last year but a month later it was returned to them undelivered? (I don't understand that) That this letter acknowledged my subsequent breach of CCA request letter but that Amex had written to me back in December - again I have absolutely nothing. They then go on to say how seriously they take their responsibilities and that they have closed my account with them:D However, in the meantime I am being bombarded by phone calls by Newmans to my old workplace (they tell me that loads of messages are left for me) and I have just received a couple of letters dated toward the end of last year to my old UK address even though RMA had all my correct contact details. Should I contact AMEX, Newmans, everyone? At least the statutory demand seems to have fizzled out although I guess Newmans or AMex can do all that again. I did read a rather sad thread by a chap who recently got whacked by AMEX for a £20k CCJ after looking good on botched records and invalid default notices so Know this is by no means over but I haven't even seen my CCA details yet. Interestingly to me also, initially there was a question mark over whether my Business Gold Card would fall under the CCA scenario so I am very interested to see whether Amex's response was to say 'not relevent' or to send a copy. Any thoughts appreciated. Hestia10
  2. Hi Shadow, many thanks for that - perhaps if I'd learned to count I wouldn't be in financial difficulty! Actually I thought the +2 of the 12 days + 2 days calculation was because of the weekends, now I understand! tvm. Will wait until Monday. H
  3. Just an update - got some messages from Newmans to call back on my work phone - actually exwork but they let me know about them as still friendly - a lot of no number no message calls and a few from the same town as Newmans are based according to the code so assume them too but to my knowledge no post so that means neither Newman's or RMA ever responded to CCA request so will now do the dispute letter.
  4. I have received a call from my old firm to say that Newmans have been leaving messages for me to ring them there - are they allowed to do that and can I stop it with a letter?
  5. That's very interesting as there are a lot of similarities to how my flexaccount came about and is/was charged for. What happened after it was sold - have they stopped persuing?
  6. Hi alangee - read your thread - thanks for the heads up - what happened to you after that then? I notice that was back in the summer? Cheers Hestia
  7. Hi alangee, I'll have a read and get back - it was a gold card and after I had it for a bit they added a 'flex select' bit which was a credit facility for transactions over £200 so you didn't have to clear it each month. I'll read up your thread and get back to you. Thanks Hestia
  8. Ok thanks shadow I can get that sorted today
  9. Thanks for getting back to us shadow - yes I have sent the cca off but to RMA not Newmans and they have a couple more days plus some more as abroad I guess - it is a charge card come credit card so at best sounds like I can only fight some of it. Yes we do have a house which we have rented because it is negative equity and we couldn't afford the payments ourselves - we also have lots more creditors so they'd get diddly if they did bankrupt us but I guess they don't necessarily know that. We we're trying to keep going in the hope that both we will recover financially and the markey will pick up and the house be worth more later - if we lose it, or are made bankrupt I don't think we'd get a mortgage again. Hestia
  10. Hi, Over the last couple of weeks I've got a text from Newmans saying to call urgently and another of blocked calls - once it came up with a number with a Leeds code and I think it was likely to be them. Anyhow, I've just received a load of post from the UK and in it were... 1) Another statutory demand from Westminsters but sent to our UK address dated the same day as the one they sent here and identical in everyway except for the address. 2) A letter from Newmans dated 15 days later so before the SD timescale (invalid because we are abroad) was up advising urgent attention required... and that they are acting on behalf of AMEX as previous attempts by another DCA failed! Does that mean that the SD's are dead? ANy thoughts please - how do I/can I check it out - can I ring the court or will that cause more probs as I didn't try to set it aside. Thanks Hestia
  11. Hi Vicky, you're probably getting the hang of this from all the posts but for what it is worth we must have had 10+ of these types of cards from numerous companies and no one ever turned up. I read somewhere when I first went on the forum never to trust a DCA and initially thought that was a bit sweeping now I have had first hand experience I fully realise what low lifes they are. Occasionally you get one that sounds sympathetic on the phone but don't be fooled, they are probably just pumping you for info on your personal circumstances so they can stick you later so just don't call them like the others say. I know its hard because you'll be worrying about what they are doing and it will play on your mind but you will get some great advice from the other members on the forum, stick to your guns and fight the bu**ers all the way. Best of luck Hestia
  12. Hi exchange we did find some rules regarding posting outide the UK but in the EU which may be of some interest to you although my big credit problem is from Amex who have issued me an SD which I didn't receive until it was over the limit to challenge so bits of this may be relevant to you and some bits not. I've only just begun learning all this so sorry if a bit vague but this is what I found. 1. On the Insolvency Service website there is a PDF download on Stautory Demands and section 5 talks about serving an SD abroad. It increases the time limit from 18 and 21 days to 22 and 28 days. It also went on to say that there were limitations on what could be done depending on which European country you are, it didn't provide any deeper detail than that but it got me thinking. I then found some stuff from the Ministry of Justice under the heading PRACTICE DIRECTION – INSOLVENCY PROCEEDINGS again because I have an SD but I think the principle must be applicable to you too and it says under serving an SD abroad When a statutory demand is to be served out of the jurisdiction, the time limits of 21 days and 18 days respectively referred to in the demand must be amended. For this purpose reference should be made to the table set out in the practice direction supplementing Section III of CPR Part 6. 10.6 A creditor should amend the statutory demand as follows: (1) For any reference to 18 days there must be substituted the appropriate number of days set out in the table plus 4 days, and (2) for any reference to 21 days there must be substituted the appropriate number of days in the table plus 7 days. Attention is drawn to the fact that in all forms of the statutory demand the figure 18 and the figure 21 occur in more than one place. So I then hunted for the table it mentioned and found a load of information regarding countries where they agree to process servers and ones where they don't etc and a table of days for correspondence to be replied to. PRACTICE DIRECTION – SERVICE OUT OF THE JURISDICTION - Ministry of Justice To be honest I got a bit boggled in the end but I'd bet that the bustard DCA's don't pay any attention to these postage rules - I haven't found anything on them anywhere else in the forum yet and certainly mine haven't. Good luck and will follow with interest how you get on if I find anything else which may be useful I'll ping it your way but please bear in mind I am very much a novice on this unlike some of the members who have been giving brilliant support. Cheers Hestia
  13. Hi exchange, subbing to your thread as looks bang on to our situation good luck
  14. Appreciate both your comments! Have sent of the CCA request today and will keep posting.
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