AMEX(Newman) Debt

[LarissaJ]

Hiya all

 

After finding this great site, I'm hoping that someone can guide me through the process of dealing with Amex (and now Newman & Co).

 

I owe over £9,000 to Amex on credit card. recently my income changed and i cant even meet the minimum payment anymore. I sent amex a letter after missing 2 month payments telling them of my hardship and asking if they would suspend my account for 6 months with no payment, I enclosed a personal budget sheet. (I honestly didn't want to not pay them, I just needed the 6 months to get myself straight).

 

I never spoke to them on the phone, as I don't like giving personal details out on phone.

 

I got a letter back 2 weeks later, (with no reference to my letter) which was a default notice saying I had 14 days to pay the arrears, if I didn't the agreement would be terminated.

 

I then sent another letter (enclosing my1st letter) asking once again for them to consider my offer (i sent this one recorded).

 

I got another letter back (again not referring to my 2 letters) it was a Notice of Default Sums Served Under Section 86(E) of the Consumer Credit Act 1974. giving me 4 days to pay nearly £1400.00 as I have been charged default sums (also worded "an account administration fee").

 

I have had a voice mail messaage asking me to call Newman & Co.

 

HELP !!!!!!!

[42man]

How old is the account ? I would send off for a CCA request which you can find here (Letter 'N') - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send this with a £1 postal order, and send by recorded delivery....send it to Newmans

[LarissaJ]

Hiya

 

Thanks 42 man for your reply.

 

The account is almost 2 half years old. I haven't actullay received any letters from Newmans yet, only one voice mail message.

 

Please excuse my ignorance, but what exactly is a CCA request and what would it mean if I sent one off?

Thanks!

[LarissaJ]

The post has just arrived, I now have a letter from Newman stating that they have added £1400 collection fee.

[42man]

This is the relevant legislation from the Consumer Credit Act

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

[LarissaJ]

Thanks 42 man!

I'm really grateful for your help, and hope i'm not being a pain, but that was a bit to "legal jargonish" for me. Does it mean if they dont send me my credit agreement with 12 days, I can have the 6 month interest free period with no more hassle?

 

And if they do send it within 12 days, what happens then?

[42man]

No it means if they don't send your agreement then they can't enforce it in a court of law......and it has to contain the prescribed terms also....

[LarissaJ]

So will they stop asking for the repayments altogether?

What is the lilkihood of the CCA not being correct?

 

I've had a look at other people's posts on here, but still not grasping the whole concept of CCA's and I feel a little bewildered, but willing to fight for my rights.

[rev.ian]

When you get the agreement post it up on here and one of the good guys will take a look at it for you and tell you if it is enforceable. Dont talk to Newman on the phone.

[rev.ian]

This is the letter amend it with addresses. Do not sign it only print your name and send it recorded

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

 

[42man]

And don't forget the £1 postal order....

[LarissaJ]

I've had a telephone call from Newman, I told them that I only wanted to correspond via writing and that I would be sending them a letter, they said they would hold the court action for the next few days until they receive my letter, but I didn't tell them what the letter was.

[rev.ian]

hu that would be Newman good work. Sometimes I wish they would ring me again I do miss them lol.

[LarissaJ]

I have received a letter from newmans saying that they have enclosed my original signed application form (it was done online so wasnt signed) and a copy of the terms and conditions from when the account was opened or possibly a copy of the oldest terms and conditions they hold on my account. (not sure which one it is they've enclosed).

HELP!!!

[42man]

Can you scan/photo what they have sent you and post it up here ? (minus the personal details, ref numbers etc) use wwwphotobucket.com if need be (it is free) and there is a tutorial here - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

[LarissaJ]

Hi i've never used photobucket before, so I hope these are ok to read

 

IMG]http://i489.photobucket.com/albums/rr252/luigiben10/vault.jpg[/img]

 

 

 

thanks!

[LarissaJ]

oops! one didn't seem to go on, here it is

 

[LarissaJ]

Can anyone tell me what letter is the best one to send next?

[juliekaren]

Help!!

[42man]

How old is the account Larissa ? you mentioned 'online' ? so I presume you never signed a document like the one they have produced above ?

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force on 31st December 2004 and allows for a signature to be simply a tick in a box for on-line credit agreements.

[LarissaJ]

Hiya 42 Man! Thanks for your reply!The account is 2 half years old, they did send a computer print out too, but I didnt post that as it had lots of info on it. Also, I don't know if it matters, but I was issued with a new card about 15 months ago.

[LarissaJ]

They have now sent me another letter entitled "Short Settlement" saying that i could pay £85 for any £100 i owe.

[LarissaJ]

Help please, what do I do next?

[LarissaJ]

I have now received another letter saying that they are to take legal action

[LarissaJ]

Please, can anybody help ??

 

Ive had another letter saying that they are going to issue a statutory demand for payment.

 

I don't want to ignore them, but not sure what to do next.