Mr Fleece vs AMEX, Newmans, AIC

[Mr Fleece Free]

Hi Everyone

 

I've been looking at many of the threads, and the forum seems really nice and friendly. It's really great that people are able to help one another in this way. I've been following many of the threads involving Amex, Newmans and Allied International, and have used the advice given to others that were in the same boat as me.

 

However I've got to a point where I'm a bit confused as to what to do next, and would appreciate any help, I've outlined below what I've done so far, and would appreciate any help going forwards as since getting threatened with immediate Bankruptcy last week, I have been quite apprehensive.

 

Starting in August 2007 Amex ended up taking three times the monthly minimum, which ruined my accounts, In order to meet my other creditors, I couldn't pay them and besides they had taken more than ample for the next three months.

 

However Amex didn't see it that way, anyway they sent out a default notice but unfortunately there wasn't the money to put it back in credit.

 

I next got a call from Newman DCA to my company, informing me that I must repay all the money etc immediately. I explained that this would be impossible as I didn't have that amount lying around approx 7K.

 

The individual was very condescending and rude, however I explained my income at the moment was very low, and could only offer a small amount. Initially only £25 and then in a subsequent phone call, I offered £75 a month which would increase once I had a steady income.

 

They refused the offer, and instead they threatened bankruptcy. I then sent a Credit Agreement request and a Dispute letter to Newman and an SAR and copies of the other letters to AMEX.

 

I then received a letter from Newman asking for my CC card again, I destroyed it ages ago, I called to enquire about this, and incidentally I was informed that it was Amex policy to only allocate 90 days to Newman before the account would be returned to Amex at the end of Dec.

 

Not sure if this is relevant, but had anyone noticed that Amex is based in Newman street in London. Is Newman DCA just a division of Amex?

 

Then on 2 Jan I had a call from Allied International, asking why they needed to start Bankruptcy proceedings against me, they said they had sent a letter, which hasn't arrived, etc. I said the account was in dispute and that they should write to me. I have heard nothing else yet.

 

Then I received a package form Amex, about my SAR request, they had printed off my statements, and what looked like a photocopy of my credit agreement, but nothing else and returned my PO, unused. I need to fill in a form apparently if I want a full SAR.

 

I've been reading all the threads etc, but I am unsure of what to do next etc. I still have an extremely small income and it looks like I might default with egg. As they appear to be less tolerant now, I'm only late by 4 days and they've issued an internal default notice.

 

They recommended me to talk to a company called pay plan, but they said they might be able to freeze interest on the accounts but I wasn't earning enough to create a repayment plan.

 

I a bit confused as to what to do now, so any help would be greatly appreciated.

 

Mr Fleece Free

[spamheed]

Do not talk to these people on the phone, they tell lies. they convince you that they are scary and you must do as they say.

 

Do not allow these people to set up direct debits, they then have full control over how much they take, ensure that all payments are controlled by yourself. ie set up standing orders, or sending cheque payments

 

If these people have supplied you with a correctly executed CCA, then you will need to submit and Income and Expenditure form, detailing how much you can afford. this is the basis of any payment plan you may enter into.

 

If they haven't yet sent you a correct CCA form then you may stop paying them until they do. scan your CCA and after removing your personal details post it up here for all to see

 

you do not have to follow their instructions re using a debt management company, they only recommend them because they aren't interested in you, only paying off the debts. they are generally in bed together and rarely act in the interests of the consumer

[Mr Fleece Free]

Hi Spamheed.

 

Many thanks for replying, I've been done over with DD's before, and now try to avoid them like the plague so good to know I'm heading in the right direction.

 

I've scanned all the items that they sent, except statements. One is the application form,which I removed my sig and personal details from. The other doc, I think is the credit agreement, which didn't have my signature on.

 

This was their response to my SAR request, however they returned the PO as a sign of 'goodwill gesture', along with a Data Disclosure Request Form.

 

Should I continue to pursue the SAR?

 

Thanks

 

Mr Fleece Free

terms-page1.pdf

terms-page2.pdf

terms-page3.pdf

application_form.pdf

[spamheed]

I think someone more knowledgeable than I should have a look at these.

 

The application form's got nowt on it, although the terms appear to have the correct info

 

Bump

[Mr Fleece Free]

Thanks Spamheed for your help.

 

If anyone could offer some advice I would be most grateful, now that AIC has taken this on, should I request the CCA, and should I send the formal SAR request to Amex?