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markinthedark

Amex and Newmans DCA

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There are other threads that I have read regarding these two companies but I wonder if someone could offer me some advice on my particular situation.

 

I have a debt with a Amex that they have passed to Newman DCA. They are particularly aggressive in manner and are demanding full payment (6500) immediately with a fee (1000) or I will be marked as default on my credit record.

 

I have paid them 3000 (which is all I can afford) but having now read the threads here, I wonder if this was wise.

 

I am considering sending them the CCA as advised in other threads. Is this still valid considering that I have paid them an amount.

 

I have also talked to Amex but they refuse to help me which is upsetting as I have had an account with them for a long time and I missed 2 month payments because of a failed Direct Debit and working out of the country

 

 

 

Thank you

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yes send newmands a cca request, and also tell them you want a breakdown of the £1000 they feel they can add.


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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OK so I have now had a reply from both Newman (my signed application) and Amex (signed application, statements and terms). I dont see any deed of assignment to newmans so I would like to respond only to Amex. is this correct?

I have also raised a complaint with Amex about the way this has been handled

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can you scan the agreements/applications up for people to check


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Personally, I wouldn't discuss anything with Newman & Co. Talk to Amex alone then the onus remains with Amex to actually answer questions. Send all the necessary letters etc to Newman & Co to remove them from the loop.

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yes send newmands a cca request, and also tell them you want a breakdown of the £1000 they feel they can add.

 

I would also complain to the OFT, as DCAs are not entitled to add fee's for collection in this manner - it goes against OFT debt collection guidance and is an unfair practice.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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I would think about complaining to the police. Newman's appear to be saying "give us £1000 (which we're not entitled to) or we'll damage your credit".

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As with all these things the DCAs attempt to use a persons lack of knowledge against them..... they often threaten commencing legal proceedings despite not owning an account or the alleged debt, and thus not being legally entitled to do so.

 

If the customer has no contractual relationship with the third party DCA they certainly shouldn't be claiming it, as it runs contrary to "OFT Debt Collection Guidelines on unfair practices", specifically:

 

2.10 Examples of unfair practices are as follows:

a. claiming collection costs from a debtor in the absence of express

contractual or other legal provision

 

From the point of view of the police I don't know what offence would be committed, the DCA is certainly not entitled to this collection fee, it runs contrary to the OFT guidelines.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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