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A/E and Newman

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I have a debt with an American Express card of £6000. I got behind with payments after suffering a mild stroke last year. American Express has passed this debt over to Newmans. They wrote to me regarding the debt asking for an offer to repay. I offered £250 per month which they accepted. I sent 4 cheques of £250 each expecting my debt to be slightly decreased, instead it has risen by nearly £500. I then wrote to Newmans telling them that no more cheques would be sent and that I was going to write to A/E for an explanation. They wrote back as follows:I regret to hear that you are reluctant to maintain contact with Newman & Co. Upon receipt of your account Newmans applied for a referral fee on behalf of American Express: please note that this is a charge by American Express and not Newmans. Our right to charge this is clarified in the terms and conditions of the account. Althiugh I understand that you do not wish to deal with a third party , the account has been cancelled and passed to an outside agency. I would encourage you to work with Newman & Co. If agreement cannot be made , then the account will be escalated to a further agency. I appreciate that this may not be the response that you have wished for but I hope that I have been able to clarify our position.


I am now considering offering A/E £250 per month directly to them by Direct Debit and ask for the money taken by Newman to be deducted from the debt. Please if anyone could advise me I would be so grateful.

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Do NOT pay anything to Newmans or any other DCA! The fat fee is unlawful, the DN is probably defective and the CCA most likely duff too! Have you received formal Default Notice and then a Notice of Cancellation?


CCA request to Newmans first.

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I received nothing from A/E stating that they were passing the debt over to Newmans. I am 73 years of age and find this all very upsetting. Sometimes I wonder if life is worth all this hassle. I admit I owe the money and want to pay it off. I just dont want to get ripped off by Newmans.

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Can you give us a bit more info regarding the card... when did you take it out? was it online or apply by application?


You say you havent received a Notice of assignment, did you recieve a termination letter and a default notice?



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Its really up to how you want to play it... a CCA from 12 years ago is "unlikely" to be compliant with the CCA1974 and therefore deemed unenforceable....


However you will face a barrage of DCA's/solicitors and your credit score will be affected if you decide to not pay.



To get to the point of making the decision I would suggest you send a s78 CCA request to the DCA chasing you at present. They have 12+2 days to respond.


As to the file referral fee, its not legal... see below from the OFT debt collection guidelines.

Charging for debt collection

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:


d. applying unreasonable charges, for example, charges not based on actual

and necessary costs


e. applying charges which are disproportionate to the main debt.


So if you wanted to remind them of this point you could :-D



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