Newmans chasing my Amex account

[bubbsie1]

Does anyone have experience with the following debt collection agencies? CSL based in London and Newmans who I believe are based in the north.

Edited January 31, 2011 by bubbsie1
forgot to include companyy names

[rebel11]

Hi bub

 

Welcome to CAG

 

The guys will advise as soon as they are available. It might be an idea to write a brief summary.

[coledog]

If Newmans are chasing the Amex account - hit them with a CCA request

[bubbsie1]

Thank you, just read the letter for a second time, fabulous, i will send it first thing tomorrow morning.

[bubbsie1]

I'm obviously not clued up on these matters:I've already written to Newmans repeating the offer I made originally to Amex.

[bubbsie1]

I have reported Amex to the Financial Ombudsman for threatening me with bankruptcy so early on in the matter, however, from reading some of the threads relating to the Ombudsman that is unlikely to do me any service at all.

 

 

The Barclays debt is my overdraft

Edited February 1, 2011 by bubbsie1
typo

[Bazooka Boo]

Bubsie, regarding Nancy Newman's using the threat of bankruptcy as a debt collection tool, you would be better off reporting this and complaining to the OFT&TS via http://www.consumerdirect.gov.uk/contact

[coledog]

Link below to OFT guidance which you can quote in your complaint. Threatening bankrupcy is a no no

 

http://www.consumeractiongroup.co.uk/forum/content.php?416-The-OFT-Debt-collection-guidance

[bubbsie1]

Hi Coledog

 

I wrote to AMEX initially to advise of my change in circumstances back in October 2010 and made them an offer of £5.00 per month; they refused this offer on the basis the budget and income details I sent them showed I had no disposable income. When Newmans contacted me I wrote to them making the same offer (which of course they refused). Is there any point in my now sending a CCA request to Amex?

[coledog]

You would need to send the CCA request to Newmans if they are chasing you for this but wait for them to write to you first. Just sending cards through the post and ringing is not acceptable. You could also send a 'prove it' letter if they do not give the reason why they are chasing you. If they ring - just say 'in writing only' and hang up. They will tell you anything over the phone.

 

If you have no disposal income why are you offering them anything?

 

How old is this card account?

[coledog]

Another thought - if Amex have appointed Newmans to act for them they are responsible for their behaviour and should also be reported to OFT (see link to OFT guidelines below). You could actually send a complaint to Amex about Newmans contacting you particularly as you have made a reasonable offer to them (in line with OFT guidelines). Tell them that you will only deal with them directly in future and have reported them to OFT. You can then hit Amex with a CCA request.

 

I have attached some useful links for you

 

Complaints

 

TS via http://www.consumerdirect.gov.uk/contact

 

OFT http://www.oft.gov.uk/

 

OFT Guidance link

 

This helps when drafting a letter to OFT

 

http://www.consumeractiongroup.co.uk/forum/content.php?416-The-OFT-Debt-collection-guidance

 

Harassment Letter

 

To stop those annoying phone calls

 

http://www.consumeractiongroup.co.uk...esponse-letter

 

Prove it letter

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

CCA Request

 

CCA letter to send with a £1 postal order by recorded delivery, do not sign. They have 12 plus 2 working days to reply. If nothing valid is received you can send a letter to put the account in dispute and this should stop them contacting you.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Account in Dispute letter

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[bubbsie1]

Hi Coledog

 

prior to finding the CAG site

 

 

I had a call from newmans,

I did speak to them (yes I know I shouldn't have NOW) and

said I could not increase the offer I had made to AMEX;

they said it's not enough and said I had not made a payment for five months.

 

 

I disputed that information and told them AMEX had refused to accept my offer of reduced payments.

They then said we'll have to take the next step etc.,

I explained even if they took out a CCJ

I would have to write to the court and explain my circumstances

but I could not up the offer of £5.00.

 

i then wrote to them and said I could not increase the offer I had made to AMEX

the next thing is the card threatening me with a SD for payment and the threat of bankruptcy.

 

 

I spoke with the CCCS who advised this would be unlikely since the cost would be prohibitive for Newmans.

 

I called AMEX to see if they were still dealing with this or had sold my debt to Newmans; amex told me (by phone) they still owned the debt and Newmans were dealing with it on their behalf. I then made a complaint to the financial ombudsman and by chance found the CAG site last night.

 

I hadn't expected the amazing response I received!!

 

Amex said I did not have any disposable income, however that isn't accurate with my mortgage company (The Woolwich) hopefully on the verge of accepting interest only payments for the next six months there would (just) be enough for me to make the reduced payments to my creditors.

 

Since I have already written to Newmans and repeated the offer made to Amex should I now send them the CCA request? or have I already made a complete mess of dealing with this matter.

 

Never been in this position before, having to fight off these DCA's is like having to fight the local underword thugs. I need a 'good kick' in the right direction.

 

 

Thank you so much for your help and advice; bear with me I'm sure I'll get it right eventually

Edited February 1, 2011 by bubbsie1
typo

[bubbsie1]

I should have mentioned I've had nothing from Amex in writing to confirm newmans are dealing with this matter.

[coledog]

I think I would write to Amex as I have suggested above and state that you will only deal with them

[bubbsie1]

Thanks I'll do as you suggest and write to Amex.

[bubbsie1]

Hi

 

CCA requests sent to Newmans & CSL; amex said on the budget i sent them i had no disposable income, however, since I am at the moment paying interest only on my mortgage I do have some disposable income (not much) so I am making small regular payments on those creditors that agreed to accept smaller payments.

 

The amex account is about 4/5 years old as far as i can remember.

 

Your advice is appreciated thanks

 

While i am waiting for the response to the CCA's I am going to make payments to Barclays and Amex directly; or do you think it might be better to wait?

[bubbsie1]

Hi

 

about to send a 'do not send field agent here letter' to CSL; have already sent both newmans and CSL CCA requests seems to be the standard advice.

 

As stated in advice to coledog intend to start paying small amount to both Amex and barclays while waiting for response; as far as I know neither of the debts appear to have been sold to either of the DCA's so intend to pay the companies directly until I hear otherwise.

 

Thanks so much for your help; since all this started felt like i was wandering atound in a foreign country unable to speak the language until i found CAG just by chance. Just wondering why none of the agencies i've spoken to mentioned CAG.

Edited February 5, 2011 by bubbsie1

[bubbsie1]

Hi Coledog

 

just had an interesting letter from Newmans DCA, titled a ' Short Settlement' informing me they have been given a limited time to collect payment and they are nearing the end of that period; they are offering me a 15% per cent discount on my outstanding AMEX account valid for the next 15 days (this would amount to a £150 off a bill of £1090).

 

I have sent them (Newmans) a CCA request last week and do have a complaint outstanding with the Financial Ombudsman against AMEX for the way they have handled this matter, I received acknowledgement of my complaint from them this morning.

 

Confused, a couple of weeks ago Newmans were threatening to send a Statutory Demand, threatening possible bankruptcy and so on, now this 'Short Settlement' letter.

 

Newmans still insist they are instructed by AMEX and I am still receiving statements from AMEX.

 

Do I wait or shall I pay the small sum I can manage into my AMeX account in the meantime

[coledog]

IMO, when they start offering discounts, there could be a problem with them enforcing this. I would wait for the CCA response or not, before offering payment. As you have said, they were not prepared to accept a low payment, but up to you and it shows willing.

[bubbsie1]

Thanks for the quick response, not sure whether to wait for the CCA before making any paments into AMEX;concerned about paying nothing because although AMEX say my account has been closed they are still charging me monthly interest on it.

[Bazooka Boo]

Interesting! Have they 'terminated' the agreement?

If so, then I believe, although may not be 100% correct, that once an agreement is terminated, no further charges or interest can be added to it???

[bubbsie1]

I thought that too; does anyone know if your account is closed whether they should be charging interest?

[bubbsie1]

Hi all

 

sent my CCA request to Newmans on the 3rd of February; they received it on the 7th (have printed out the receipt with signature) but still no sign of a CCA or even an acknowledgement of my letter.

 

So 21 days later asolutely nothing from them, do I now send the Acccount in Dispute letter now?

 

I feel I should know this by now but after almost 10 days without any hostile calls/letters from CSL or Newmans it's been a bit like a holiday and I've just relaxed a little too much, but back on the case now.

[Bazooka Boo]

As long as 12 'working' days have passed, the yes send them the in dispute letter, this normally hurries them along.

[bubbsie1]

Well well well it appears Newmans have given this account back to American Express; no response to the CCA request and now Amex have instructed another DCA RMS who called me this afternoon. I did speak to them ut only to estalish who they were; I made it clear I was awaiting documentation from Amex and had also complaind to the FOS until such time as I receive the documents Amex should know better than to refer this matter to another DCA.

 

Do Amex think they can avoid dealing with the CCA request because Newmans have clearly given this back to them and they have instructed new agents?

 

Surely I do not have to start again with a new CCa request???????