Newman Debt Collection Agents - Amex

[Loopy123]

Hello all,

 

I have recently had my AMEX cards cancelled thanks to a series of problems, in outline:

 

My Charge card defaulted for the first time in Aug (whilst i was Serving in Iraq - I am in the Army) i returned home on R&R on to find that as the Card defaulted Amex Cancelled the Direct Debit in Sep and called in the Debt Collectors in Oct.

 

I had 2x AMEX accounts 1x Credit Card and 1x Charge Card.

 

As soon as I got home and learnt of the situation i paid the outstanding debt from the charge card to the Debt collectors and informed the Debt Collection Agency that i was in negotiations with AMEX regarding the Credit Card account that had also been cancelled - even though i had continued to pay it by Direct Debit!!!!

 

I wrote to AMEX outlining the situation and hoped for a resolution to the issue - IE the reinstatement of my Credit Card (and hopefully the Charge Card)

 

I recieved a reply today stating that basically they would not reinstate the credit card and i would have to deal with the debt collection agency! The letter was 'fair' and addressed the majority of points i had raised, ie lenght of time with them, previous excellent repayment history, Being in Iraq and not being able to do anyting about it and not knowing etc. All to no Avail, in a nutshell, sorry, reapply in 2 years.

 

I now owe a Debt Collection Agency the 2500 owed on the Card plus a charge of around 450!!

 

I cannot afford to pay this back all at once!

 

Is there any way i can 'force' AMEX to reconsider, any legal loopholes, or clauses Anything????

 

If not Can i "instruct" the debt collection agency that i cant afford to repay in one lump sum so will have to split the now 2950 into managable repayment ammounts?

 

They have already suggested that i "take out a loan to repay the ammount or apply for a credit card and do a balance transfer! - this seems pointless and as the bloody Debt Recovery Agency has black marked by Credit File i probably couldnt get one anyway!!!

 

 

Whats the best way to resolve this?

Any Advice Gladly recieved and actioned!!!

 

 

Thanks

[rory32]

I now owe a Debt Collection Agency the 2500 owed on the Card plus a charge of around 450!!

 

And what is this charge for? DCA's nor the creditor have the legal or contractual right to add charges to an account for collection. Courts take a very dim view of them attempting to do this. Who is the DCA?

I cannot afford to pay this back all at once!

And you certainly shouldn't feel under any pressure to do this. DCA's have no legal powers. A court would not ask you to pay the amount in full if you could not afford it. They would set your installments based on your ability to pay.

Is there any way i can 'force' AMEX to reconsider, any legal loopholes, or clauses Anything????

Not really as it's credit and they can chose whether to give it or not. However, as they have not addressed your complaint you can now go to the FOS with it and see if they will look into it on your behalf.

If not Can i "instruct" the debt collection agency that i cant afford to repay in one lump sum so will have to split the now 2950 into managable repayment ammounts?

You certainly can. Make sure you don't over stretch yourself though. They may huff and puff about it but in reality they just have to accept that this is all you can reasonably afford.

They have already suggested that i "take out a loan to repay the ammount or apply for a credit card and do a balance transfer!

Have they put this in writing? If they did they have just committed an offence and you should report them to the OFT for it.

this seems pointless and as the bloody Debt Recovery Agency has black marked by Credit File i probably couldnt get one anyway!!!

Yes but then again these idiots do just work on commission and are not really bother how you fund their Saturday nights out.

 

When did you take this Amex credit card out?

 

Are there any charges on the account e.g. late payment fees, overlimit fees (other than the obvious 450 quid that you won't be paying - again adding this fee is an offence and will just add to your OFT complaint).

 

Lastly, if you have been speaking to them over the phone stop this now. The rubbish they tell you over the phone can later be denied. You must conduct any further communication in writing only.