Newmans chasing my Amex account

[bubbsie1]

I might try a new thread for e-Applications on credit cards, someone must know something, would love to write back to Amex and tell them to F.Off until they can produce a valid CCA but want to be sure of my ground!!

[bubbsie1]

Well it must be because we're special, or perhaps they need training and are hoping to imbibe some knowledge!!

[BRIGADIER2JCS]

Let me now if I can help with inf.

[bubbsie1]

I will thanks

[ims21]

Just my two cents worth

 

What you described earlier is a screen dump and IMHO not any type of agreement.

 

ims

[bubbsie1]

Thanks ims

 

good to hear, what exactly is a screen dump?

[bubbsie1]

I have seperate threads for my problems with an Amex card; just got their response to my CCA request and it consists of what looks like two sheets of computer programming records entitled e-Application; my personal details are on them but mostly it consists of a series of codes (numbers).

 

Does anyone know whether an e-Application without a signed CCA agreement is valid and enforceable?.

[ims21]

Thanks ims

 

good to hear, what exactly is a screen dump?

 

All they appear to have done is pull up your details into their database and printed the record that shows on screen.

 

Imagine I had a lttle Access database and you gave me your name, address, telephone, DOB etc. I could enter that in the relevant fields, print it off and send it to you.

 

I wouldn't, of course, have the audacity to say that it was a credit agreement!

 

ims

Edited May 16, 2011 by ims21
Must slow down and get the spelling right!

[bubbsie1]

Hi ims

 

thanks for your help, yes of course I see exactly what you mean......now for the F.Off letter.

 

bubbsie

[cerberusalert]

It depends, when was it applied for?

[bubbsie1]

I can't be absolutely certain but believe it was Aug 08

[cerberusalert]

I'm afraid a digital signature from that period is seen as adequate.

 

Did they send you the terms and conditions from that period too?

[bubbsie1]

Thanks Cerberus I was slowly coming to that conclusion before your reply...... There are terms and conditions but nothing is dated so how would I know?

 

Going to have a large G & T or three now.......

[dx100uk]

why did you CCA them in the first place

 

surely this is your debt...

 

what are the issues ?

 

dx

[bubbsie1]

Hi dx

 

yes it is my debt and I am not trying to avoid paying it (or any of the others) however after my income suddenly reduced to less than a third of what it had been Amex closed the account, continued to charge me monthly interest and refused to accept what I could afford to pay them after my priority bills were paid.

 

Immediately the account was given to Newmans DCA who telephoned and texted me constantly. In my naivety I sent them the same income and expenditure form I supplied to Amex, they wrote back refusing my offer and said I had assetts I could liquidate to pay the bill in full and if I did not comply they would issue an SD and make me bankrupt ( I have a property with equity which I live in).

 

Fortunately I found CAG shortly after and started the initial thread on this matter.

 

I had hoped if the agreement was not enforceable I could pay a monthly sum they would have to accept knowing the matter would not be enforceable in court.

 

I don't want to sound too defensive here and of course I accept I have to and should pay; however all of my creditors except Amex and one other were sympathetic to my reduced circumstances and accepted my offers.

 

My aim was not to avoid my debts, merely to manage them until, hopefully, things improved.

 

Not sure how to proceed now!!

[brokebutnotbeatn]

You can't be forced to sell your house to pay a non priority debt! Do not send them an I&E form again. Set up a SO for what YOU can afford to pay (your decision) and ignore their tantrums thereafter for ever and ever ahmen x

[bubbsie1]

Hi bbnb

 

thanks for the reply, i must admit I was sligthly surprised by the questions above,;I'm grateful for your suggestion and I will do just THAT, set up a standing order and send them what I can afford.

 

Would love to do a self managed DMP as you are but income fluctuates so much (more downs than ups) not a possiility at the moment.

 

Thanks

 

bubbsie

[OnMyWayOut]

I do my own DMP now as my income is like yours. I've set a minimum that each creditor gets, but if and when I can afford more they get a bit extra. You just need to calculate what that base amount is. I pay by online banking direct payment so that I have the flexibility to control the amount of each payment, rather than by fixed standing orders or a 'proper' managed plan.

[bubbsie1]

Hi OMWO

 

I do have a minimum payment that goes out each month to those creditors who agreed to accept my proposal; actually I even have one that goes out to Barclays, who like AMEX refused to accept the payment formally but have gone quiet since I sent them a SARS request and are taking the payments off the balance I owe them.

 

I will do as BBNB sugggests and set up a standing order to AMEX, it won't be enough to cover the interest they charge me each month but at least it will show willing. I could do as you have and up the payments from time to time when my income increases but worried the OC's will expect that all the time and I may find they start demanding a larger sum on a regular basis.

 

Just beginning to feel I was managing to get matters under control too!!

 

Sod's law I suppose.

 

Thanks for your help

 

bubbsie

Edited May 17, 2011 by bubbsie1
I don't seem to know where the space bar is!!

[brokebutnotbeatn]

You should write to AMEX saying what you've done and why (significant change in personal circumstances/reduction in income) and requesting they stop all interest on the account accordingly. I personally don't advocate paying more at any point as it tends to keep you on their radar and hassling you for more. I would work out what is realistic (it might only be £1/month) and set up the SO accordingly.

[bubbsie1]

Thanks BBNB

 

excellent idea, will do that first thing tomorrow morning.

 

Thanks

[brokebutnotbeatn]

Once the SO is up and running, you should file (but ignore) their letters demanding more money/I&E/personal details that are the equivalent of them throwing their toys out of the pram. If they call say 'in writing only' noting the day and time and then send them the telephone harrassment letter. At some point they will write for a review. At that point advise them in writing that your circumstances remain unchanged and confirm that you can cannot afford to pay more or, if they have deteriorated further reduce your SO (if more than £1/month) after writing to advise them accordingly. x

[bubbsie1]

Thanks BBNB will do that

[bubbsie1]

Well here we go again; heard nothing from Amex or their 'collectors' for over three months, now have a card from RMA informing me they will call on me on Thursday, no date given, if that is not convenient call this numer, mobile numer given and the name to contact is A.Mercer.

 

I know everyone will say they are unlikely to call, however, had a caller here from Barclays DCA CSl and whilst I told them to clear off in no uncertain terms it made me feel as if my home had been violated (possibly a complete over reaction).

 

Does anyone have an email address for RMA resolve, so I can email them the Fudge Off letter asap.

 

Just so angry, a card with no date on it and will call 'Thursday' so any Thursday from now until enternity, when of course they are not harassing any other poor sod, who the F do these people thin they are?

[BRIGADIER2JCS]

Hello again bubbsie, as you know never phone what ever they say.

There's no e-mail address on their site that I can see,perhaps someone has it.

Although in my humble opinion it would be best sent recorded delivery.