Newman DCA / AMEX

[Matt_85]

Hi everybody,

 

Basically I have been struggling for the last 12 months to pay off my 2 AMEX credit cards and a few weeks ago I started being contacted by Newman & Co DCA via post. I must have received over 20 letters, which were progressively getting more threatening.

 

Last week I paid Newman £150, and have made arrangements for them to take the full amount due (approx £1000) next week. I will be able to pay this as I have decided to sell my car.

 

I want to make sure that they aren't overcharging me with fee's, collection costs etc and was wondering if there is a way where I can request a breakdown of the total amount outstanding?

 

Many thanks for your help in advance

 

M

[maroondevo52]

Hello and Welcome, Matt.

 

I've moved this thread to the appropriate Forum.

 

Regards.

 

Scott.

[ScarletPimpernel]

Make sure that the amount doesn't include a 'file referral fee'. These are often added to Amex debts, but do not meet the OFT Guidance criteria and so are unenforceable. Amex and their DCAs know this, and tend to use them as negotiating points. At least one of the letters should show it if it's there.

 

The way to deal with it is to write offering a full and final settlement for the amount less the file fee.

 

It's worth noting that Amex may well accept a 'short settlement' too.

[dx100uk]

wouldn't pay anything without a cca first!

 

dx

[Matt_85]

Thank for your help.

 

I have just told Newman & Co over the phone to cancel the full payment I had naively offered to pay next week.

 

I have asked them to send me a full history of my amex statements to prove how much I owe.

 

Should I also send a CCA to Newman?

[ScarletPimpernel]

You can CCA them, but it will be of limited use. Many Amex agreements are faulty, but they do not consider an unenforceable agreement to be any reason to stop pursuing. They are quite the most persistent creditor, and will expend considerable amounts of money on the most creative lawyers money can buy (some may say judges too, but I couldn't possibly comment), to win in court.

 

If it is the case that you acknowledge the debt, then the best thing to do is to send a SAR to Amex; go through it, and offer a full and final settlement based upon a percentage of the figure obtained after removal of any bogus late payment or other penalty charges, file referral fees and so on.

 

The problem I suspect you will have is that although Newman are usually the first of many DCAs Amex pass debts around, the fact that you have already acknowledged and offered to pay in full may spur Amex on to pursue full payment. They are no strangers to litigation; they tend to use Brachers, but if a defence is submitted they involve Mishcon de Reya.

 

Tread carefully!

[dx100uk]

also stop talking to these muppets on the phone too!

 

writing ONLY.

 

dx

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.