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bubbsie1

Newmans chasing my Amex account

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Have you sent the 'account in dispute' letter to Newmans? You must do this and then there is another letter you can send to any DCA who it is passed to saying that this account is already in dispute with Newmans. I will find this for you. You do not need a new CCA request as one is already outstanding.

 

You must report these DCAs and Amex to the OFT as this breaks OFT guidelines. Amex are equally responsible as they are appointing these idiots.


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At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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Hi Coledog

 

I haven't sent the overdue CCA letter , should have done it today but got overtaken by life and the need to find an inexpensive plumber (if such a thing exists).

 

It will go out in the post first thing in the morning. I had no notice from Newmans or Amex to say it had een sent to another DCA,just obvious from the phone call today. I presume when I wouldn't play ball with Newmans and sent the CCA they decided I might be hard work!!

 

The new DCA RMS say they have written to me but so far nothing.

 

Thanks for the quick response I will get those letters off tomorrow and wait for their next move.

 

I have a letter from Amex re: my complaint to FOS, they say they are investigating the complaint I made and have asked me for any further information; would there be any point in giving them the history so far?

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Just wondering if anyone knows anything about RMS collections

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Direct you complaint to Fos and OFT - have you made an official complaint to Amex?

 

RMS do feature on here. Do a search of them, think they are just another form of lowlife


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Some yank company I believe?

The only other RMS I can find is a DMC? Repayment Management Services?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I did initially complain to FOS, shortly after they sent me their paperwork I had another letter from AMEX saying FOS had asked to investigate the matter; in that letter they asked me if I wanted to give them an further information. I think I might write giving them the history, can't do an harm or can it?

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Hi BB

 

I did a search and it came back the same as an american debt management company, couldn't find anything else at all.

 

I will be sending them a letter advising them this account is in dispute......no idea what I would have done if hadn'r found CAG.....probably given up sold the flat and gone off to live in a f*****g caravan!!

 

Thanks BB

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Just had a look at the american RMS, not sure if it's the right one but found this on their web site:

 

Our exhaustive comprehensive analysis on your debtor is done to determine their ability to pay. This rigorous "skip tracing" is often done with little to no upfront fee. As a result of our efforts, many debtors pay without proceeding to court. Naturally, locating and surprising a debtor at work may have an impact and at times is the catalyst for one's epiphany. This methodology saves our clients money if the potential defendant has no assets, no employment and no means to pay.

Blimey ....

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Skip tracing is used widely throughout this industry, and that paragraph is a typical template, and I have read that on other DCA websites, in a lame effort to seem somehow professional!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi BB

 

sorry I appear to have misled you in my last post; the DCA is not RMS but RMA, Risk Management Alternatives who are part of the NCO group of companies.

 

Today in the post I received three lettters relating to this thread:

 

1. Letter from Amex apologising for not having dealt with my complaint sooner, advising me there could be a delay of an additional 4 weeeks.

 

2. Letter from Amex telling me my complaint had been invesstigated in full and had (of course) been rejected.

 

3. A letter from RMA, the usual request for payment.

 

The second letter from Amex does acknowledge my request for a copy of the CCA, and states they are aware I have not recieved it, they say they are going to resubmit it to the relevant dept; I have the account in dispute letter ready to send and it will go on Monday morning ; Newmans received my CCA request on the 7th of February and I think Amex have had sufficent time to respond to it .

 

I AM NOT PREPARED TO GIVE THEM ANY LEEWAY UNLESS I ABSOLUTELY HAVE TO!!

 

They also say my account has removed from Newmans and sent to RMA, however, RMA have now informed Amex my acount is on hold and has been sent back to Amex's financial difficulties department who are to contact me shortly.

 

I want to respond to the facts Amex relied on to reject my complaint; the majority of which are wholly innacurate; shall I wait until the 'Account in dispute letter has been received or shall I reply now? .

 

Different response to December 2010 when I had Newmans threatening me with a Statutory Demand, possible bankruptcy and non-stop phone calls and texts.

 

If I am contacted by Amex's financial difficulties department do I refuse to discuss it with them since I am still waiting for the doucments requested in the CCA?

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OK, lots of relevant questions there, so will try to answer them for you.

 

1. Letter from Amex apologising for not having dealt with my complaint sooner, advising me there could be a delay of an additional 4 weeeks.
Tough, they have 8 weeks in order to deal with customer complaints, if they fail to do so, for whatever reason or pathetic excuse they try to use, it is YOUR RIGHT to escalate it above their heads to the next link in the chain. (FOS?)

 

2. Letter from Amex telling me my complaint had been invesstigated in full and had (of course) been rejected.

Again, if you are not happy with the outcome of their findings, which will ALWAYS be biased in their favour, then they should have given you the opportunity to escalate the matter outside of their company, which will normally be to the FOS.

 

You have made a legal request to them, if they have failed to provide you with your CCA within the statutory time limit of 12 working days from receipt of your request, then you can place the account in dispute, AND, legally withhold all and any payments to them until such time that they comply with your request.

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

 

TBH and IMO, there is very little point in continuing in the game of letter tennis with them, you have made a legal request for documents, they have failed to respond, you have made a formal complaint to them, they have again failed to respond within the laid down time limits, the only people you should be corresponding with now, is the OFT&TS via consumer direct and the FOS, about this circus outfits hilarious work ethics.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi all

 

Wrote to Newmans/Amex on 7th february with a CCA request; had a letter aout 4/5 weeks ago saying they would comply with my CCA request ASAP; should have really written them an 'Account in Dispute' letterfor notcomplying in the requisite time, but since not being bombarded with phone calls and threatening letters forgot to do it.

 

Lo and behold my CCA response arrrives today with a covering letter as follows:

 

'Please find enclosed a copy of the application and terms and conditions for the above account. These documents form the executed agreement between you and the American Express. Please see the statements we have sent you previously to validate the debt held.

 

We trust this resolves your request.'

 

I have been sent page after page of terms and conditions, nothing with a signature on it; the page with the signature box stating sign here if you want to be bound by the terms /conditions is absolutely blank.

 

 

Where to now??????

 

 

 

Thanks

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This relates to an old thread of mine re DCA's and CSL & Newmans DCA's chasing money for Barclays & Amex; had posted it as a reply on the old thread but so far no takers. thought bettter to start it on it's own as a seperate thread:

Wrote to Newmans/Amex on 7th february with a CCA request; had a letter aout 4/5 weeks ago saying they would comply with my CCA request ASAP; should have really written them an 'Account in Dispute' letterfor not complying in the requisite time, but since not being bombarded with
phone calls
link3.gif
and threatening letters forgot to do it.

 

Lo and behold my CCA response arrrives today with a covering letter as follows:

 

'Please find enclosed a copy of the application and terms and conditions
link3.gif
for the above account. These documents form the executed agreement between you and the American Express. Please see the statements we have sent you previously to validate the debt held.

 

We trust this resolves your request.'

 

I have been sent page after page of terms and conditions
link3.gif
, nothing with a
signature
link3.gif
on it; the page with the signature box stating sign here if you want to be bound by the terms /conditions is absolutely blank.

 

 

Not sure what to do now, any suggestions would be greatly appreciated.

 

Thanks

 

Edited by bubbsie1

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Have a read through http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability

 

Can you scan & post up the page with the sig box on it.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi BB thanks for replying, I feel i should know this already but the last month or so without calls/letters has been like a holiday and i haven't been doing any legwork on this

 

thanks will have a read as for scanning up the page i am rubish with any kind of scanning, attachments etc. The page is just the usual one asking you to sign in the box if you want to be bound by the terms of the CCA and it is blank. In fact no signatures on any of the documents at all.

 

I'll have a go at scanning the page.

 

thanks

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If you can then others will be able to have a look and advise you.

 

Scan it to your computer, save it to your desktop, so it is easy to find, then use tinypic or photobucket to upload it on here, please please please ensure that ANYTHING that can be used to ID you is removed, names addresses, bar codes, ref numbers funny little boxes with patterns in.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks BB

 

just read the link you sent me, not sure what the exact date i got the card but I believe it was prior to Dec 2004, if so am I right in thinking it must have a signature?

 

Trying to scan but my scanner is not co-operating!!

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The only trouble with CCA requests, is they do like to frustrate the process by omitting signatures, but you would like to think that as they are demanding money from you, they would comply fully with all of the legal requests, in order to hurry the process along and get the money sooner, but oh no....they play the spoilt little child routine and delay the whole process making a big sing and dance out of every little request you make.

 

Which always makes me think, that if they did indeed have the correct enforceable documents, why not show them when requested and stop the messing about?

 

It depends on how stubborn you want to be, because two can play at their game! You could send them the 'failed' letter or the 'possible' letter.

 

If you have a camera then put it on to macro setting and upload it that way.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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My thoughts exactly bb, also noticed there are no dates at all on the agreement, in the terms and conditions and no reference to the date the credit card was obtained, not one date referred to in the covering letter either.

 

So one of two scenarios, either as you say they are playing games or its not enforceable.

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IMO they are pulling your leg, if it has no dates on, and you cannot state what or which date these T&C's relate to then, the failed or questionable letter is the way to go.

 

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

 

http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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If you read the OFT Guidance on Debt Collection it states clearly that a signature is not necessary. However, if, as they appear to be, they are claiming that is a true copy of the original, I would be inclined to write to them and ask under CPUTR 2008 whether they hold or have ever held a true copy of the signed agreement? If so, could theyu send it to you, if not could they say on what this copy is based if they are claiming it is a valid reconstitution. They cannot produce a reconstitution from nothing.

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Thanks Tingy

 

just had a couple of replies from B.Boo on the original thread; he sent me a link which I have read and it says no signature is necessary since an electronic tick in the box is sufficent, but these documents have absolutely nothing on them.

 

I will do as you suggest and write back to them.

 

I am sligthly suspicious of the wording of their letter 'please see the statements we have sent you previously to validate the debt' or am I clutching at straws here.

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No, you're not clutching at straws. What is happening a lot nowadays is DCA's are reconstituting agreements and using statements proving the account was used as evidence in court that you obviously knew you had borrowed the money and so would need to repay it, regardless of the quality or otherwise of a reconstituted or original agreement. That is why it is so hard now to win a case purely on enforceability. It can be done, but it is not easy.

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No, you're not clutching at straws. What is happening a lot nowadays is DCA's are reconstituting agreements and using statements proving the account was used as evidence in court that you obviously knew you had borrowed the money and so would need to repay it, regardless of the quality or otherwise of a reconstituted or original agreement. That is why it is so hard now to win a case purely on enforceability. It can be done, but it is not easy.

 

Tingy I would happily admit the debt and make regular payments if Amex would stop charging me interest (even though they have closed the account) and accept what I can afford to pay.

 

I only went down the CCA route when Amex rejected the offer I made last year and set Newmans DCA on me who immediately advised me I had assetts I could liquidate to pay the debt and threatened me with a SD and Bankruptcy.

 

I will send the letter, even if not successful with the enforceability it will stall them for a while.

 

Thanks

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