Starting With AMEX/Newman (Feb09)

[fredleped]

Hi' I'm new on here so take it easy on me!

 

I have read load of threads on here but find it a bit confusing with so many acronyms going on.

 

I took out an Amex card back in 2002 and had been perfectly happy until Nov 2007, when I went to use my card in a shop and it was refused! I phoned Amex and was told my credit limit had been cut and I was now over my limit. As you can imagine I was thrilled by this.

 

I decided to not use it any more and starting paying what I could of the balance each month. Unfortunately I like a lot of people have been affected by the credit crunch and have my overtime cut significantly, this had lead to me only being able to pay pretty much the minimum amount each month.

 

Unfortunately I missed the payment in November and December, When I logged onto Amex to see how much I need to pay in January I noticed my card was canceled.

 

Two days later I had a phone call from some one at a Debt collection Agency (DCA?) Newman & Co, for some reason Amex had given them my old address, I explained that was my old address and gave them my new one (I moved over three years ago so don't now what they were doing) . I believe from reading a good few threads on here that a number of people have Delta with these friendly and pleasant chaps (who have added nearly £700 collection fee).

 

I have now changed from someone who wanted to pay AM EX back to someone who would rather burn all my money in front of them than give them another penny. They have made no effort to contact me and gave me no notice as to canceling my card or asking for all the balance back in one go, they simple passed the debt on to a bunch of rude bloody minded asses who wasted no time in sending me threatening letters the moment they had my address.

 

Reading on the threads here I think I should go down the route of "is my credit agreement legitimate". But, I'm not sure this is correct. Does any one have a succinct process of following this route. I would like a list of what to do as I've read so much on her I've got a bit lost.

 

 

I have however gleaned a few tips on how to do things. So I have drafted a letter to Amex Telling them I can't afford to pay so will they take Installments and stop adding charges and Interest. I will also send this on to Newman's.

 

 

If any one has advice for me it will be greatly received and I can give more details if needed.

 

What I could do with is the postal address of Amex UK.

[sunnyskies1]

Hi

Is you amex card a charge card or a credit card.

Newmans are complete wasters, a colleaugue was dealing withe them they are all mouth and trousers.

There are different rules governing credit and charge cards.

If it is a charge card i have had the same happen.

You must CCA amex for all accounts, see what they come back with.

Post on here then we we have a look.

You also might have the alleged debt moved from newmans to another DCA this has also happened.

Amex seem to be crapping from a great height on all thier so called customers,perhaps with a bit of luck they are in the sticky stuff as well.

[fredleped]

It is for a gold credit card.

[sunnyskies1]

Hi

Thats good because that means that the ccact applies.

You must CCA them template on this site, £1 postal order make sure its crossed, and send letter by recorded delivery.

Chances are it might not be enforcable.

Dont speak to newmans only communicate in writing.

Be carefull with newmans they will play good policeman bad policeman dont give them anything.

[fredleped]

Don't worry about Newmans, I realised within 30secs of being on the phone what a bunch of mugs they are, researching them is what lead me here.

[fredleped]

I have a reply now and guess what, Newman's have sent what they have called my signed application, agreement and terms and conditions.

 

They are indeed correct my application form is signed, and they have also included a copy of my (or at least someones) agreement and terms and conditions, these of course are unsigned and and have no names on!

 

I assume I now need to send another letter ?

 

I have also noticed in the ten days since there last letter they have added another £200.

[sunnyskies1]

Hi Buddy

They are comedians they should be on telly.

If they have sent you this and it does not contain all the prescribed terms and conditions then it is un enforceable.

It would be a good idea to post what they have sent you on the site, with the photobucket so we can check out what they have sent you. This would be good as it will help you and all of us who are currently dealing with the idiots.

What i would do next is send them a Subject Access letter, this will cost £10 postal order of course they will then have to send you everything they have on you, including all telephone conversations, any manual intervention ect ect.

You will then have all the ammunition to inform them ( if in fact is the case) that thier agreement is un enforceable and baically bye bye and i will see you in court.

It might be at this juncture they will pass this onto another DCA which has happened to other people.

Just remember never speak to them on the phone these **** play good cop bad cop everything in writing.

[fredleped]

Yes, I will be scanning then posting them on here, it may take a few days as I don't have a scanner at home.

 

The SAR will be in the post tomorrow (Fri 13th unlucky for them).

[Alphageek]

Does your application/agreement look anything like what they sent to me? (post #10) - at the moment they are actually planning on going in to a Court room with those as their legally binding contract evidence.

 

I opened mine a few years before you so they might be different.

[Desperate Daniella]

Hi Fredleped,

 

I'll look forward to seeing what they sent you. I got sent an application form with some terms and conditions photocopied on the back as though they were originally on the back of the agreement, which was actually an application form. Everyone else here appears to have been sent separate terms and conditions, and if they are not actually "within the four corners of the agreement" (which can mean overleaf) the agreement isn't enforceable.

 

DD

[banker_rhymes_with]

Hello Fredleped!

 

It's not just the start of the alleged Agreement they have to get right, if they cock-up the ending of it, then that is almost as bad as not having an Agreement.

 

Read this Thread:

 

A Tale of a Dodgy DN

 

Get a SAR off to Amex ASAP, ask for everything, but don't specifically ask for the Default Notice. See what they send.

 

Then turn your house upside down to see if you have a copy of what they sent. If they have cocked-up the Default Notice, then you are already starting to win against them. Add no Agreement to that, and Amex can hiss and spit as much as they like, but they will be pretty stuffed.

 

Fortunately, Amex are particularly good at stuffing themselves. Not that their attitude would give you that impression. For a bunch of Imported Cowboys you just have to wonder how they get by when all they can shoot and hit is their own foot.

 

Cheers,

BRW

[fredleped]

Amex have sent me nothing, I had signed up for paperless statements ages ago so the first I new of it being canceled or defaulted was a phone call and letter from Newman's.

 

(I will be scanning in docs soon).

[fredleped]

HELP how do I get my scanned images in here ?

[Alphageek]

Use Image hosting, free photo sharing & video sharing at Photobucket and link to your docs on here.

 

Make sure you have removed any personal info from the scans.

[fredleped]

I have posted the scans here, Image hosting, free photo sharing & video sharing at Photobucket

 

It looks like it was 60 second aplication form that has had a bar code stuck over the top.

[banker_rhymes_with]

Hello Fredleped!

 

I would send them a SAR straight away, along with the £10 fee...do it Tomorrow, send via Special Delivery, and ask them for everything without being specific about anything in particular.

 

Send it to The Company Secretary at their Registered Office in London, that way they cannot deny getting it, as that is their primary address for the Service of Documents. Brighton is just an office with a Sea View, it has no official relevance as an Address.

 

Sit back, and wait for a big package to arrive. When it does, dive in and find that Default Notice. While you are waiting, turn your house upside down to see if you can find the one they did send you...you may not have realised what it was at the time.

 

Then come back here and tell us all about it.

 

In the mean time, keep Newmans at arms length with No Harassment and No Visitors Letters.

 

Cheers,

BRW

[fredleped]

Hi I sent the SAR about two weeks ago recorded delivery so I'm just waiting for the parcel !

 

As for Newmans well today they route to me and informed me that as my house value was well over my outstanding mortgage value they will contact there solicitors and could recommend a bankruptcy, OOH get them.

[fredleped]

I can say for certain they never sent a default notice to me. The first I knew of any problems was when my account was canceled (I found out by checking my account on-line) and Newman's phoned demanding money!

[Alphageek]

 

As for Newmans well today they route to me and informed me that as my house value was well over my outstanding mortgage value they will contact there solicitors and could recommend a bankruptcy, OOH get them.

 

Could you scan and post the content of that letter please?

[fredleped]

NEWMAN

Debt Collection Agents

Limewood House, Limewood Way, Leeds LS14 lAB Fax: 0845 330 4801

e-mail: enquiries@newman-dca.com

 

 

RE: Fred Le Ped

FOR: American Express Services Europe Ltd

Ale No.:

Amount Due: £

Dear Sir/Madam,

We write with reference to the above account and note your lack of contact.

Please note that your file has now progressed Pre-Iegally and so will be dealt with accordingly. As a result and as instructed by our client's solicitors in preparation for legal proceedings, we have made investigations via your Experian credit file and the Land Re';'istry Office.

We understand that your current mortgage balance stands in the region of £XXXXXXXX since your original purchase on 8th June 2006 for £XXXXXXXX Eased on the £XXXXXXX variance and nearly three years market value increase (and we believe there would still be an increase in value despite the current climate), you have substantial equity available. .

Despite your unwillingness to deal with this matter, in a final attempt to resolve this matter amicably, we would be able to accept £xxxxxx in final settlement by 28th March 2009. This would then discharge your debt with American Express.

if it is that we do not receive your contact and payment by the aforementioned date, the above information relating to your assets will be passed to our solicitors (Copes - please refer to our previous letter) with the advice that there is substantial equity available to you. As such, our recommendation will be a Statutory Demand for Bankruptcy and as a result, a Charging Order against your property thus putting it at risk.

We await your prompt response to discuss the above or an alternative way forward.

 

 

Yours faithfully NEWMAN & COMPANY

Mr PRimmer

csa"

·U.. ~~ Lt.-

- ~ - Credit Services Association

• INVESTOR IN PEOPLE , .,

FS 31490

AMERICAN COLLECTORS

association member

This office is open:-

8.00am to 8.00pm - Monday To Thursday 8.00am to 6.00pm - Friday

8.00am to 12.00pm - Saturday

Tel: 0845 605 4202

International

Tel: 0044 113 306 0660 Fax: 0044 113 306 0661

•

* InkassobOro * Cabinet de Recouvrement

* Agencia de Recobro * Azienda di Recupero Crediti

 

 

Consumer Credit Licence No.324024 Newman & Company Ltd. Registered N6.2641622

Calls are recorded for training and quality purposes.

 

[Alphageek]

Oh, Mr P Rimmer - do give him my regards. He's the one I "dealt" with.

 

As for their letter, have a read of the OFT's debt collection guidelines here http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf and see how many they have broken and send a letter of complaint to the OFT enclosing a copy of their's.

[Alphageek]

Also, make sure you ask for a copy of Newman's complaints procedure when you next write to them. A nice colourful flowchart made in Visio or perhaps excel. Mine was version 1.0. I think they made it up for me. I wonder what version they're up to now!

[fredleped]

Sorry to not keep you up to date, but I have been flat out at work so unable to dedicate much time to this at the moment. Any way my SAR pack arrived from Amex today. Guess what hundreds of statements but no application letter, no credit agreement and no default letters or cancellation notice. They do however keep a record of how many time they have called me and that I'm no longer at the address they keep contacting as the person who lives there keeps returning their mail telling them I don't live there. They have my new address but keep forgetting to confirm it with me ?

 

They finally confirm my address and then promptly send a letter to my old address and then wonder why it has come back as not at this address !

 

The question is with no cancellation or default letters what should I do next ?

[smouk]

Any update Fred?

[fredleped]

I have not heard from either Newmans or Amex since they sent me copy of there complaints procedure. I have in formed them that I will continue to pay Amex £100 per month and that is all I can afford, there was no reply to this letter but there have also been no more comedy letters either.

 

The complaints procedure is still 1.0 may 2007.