Newman and Cap1 debt

[hayley]

Hi

 

I have a debt with Capitol One, which has been taken on by Newman for £720, i only owed Capitol one around £200 but after charges for late payments the debt mounted up.

 

When i found this site i asked for the charges back and Capitol one said that they thought £12 was acceptable for charges and they would pay the difference back which was £200, stupid me agreed because i wasn't that familiar with claiming charges back. Capitol One said they would advise Newman of this.

 

Newman has not took the £200 off the debt and are still saying i owe £720 they were ringing me on a daily basis and i told them i refused to pay anything until they had took the £200 off. I then sent the harassment by telephone letter and received this letter back from them today.

 

Further to our recent attempts to contact via telephone. We suggest that you give this matter your immediate attention instead of attempting to avoid paying this debt. Capitol One agreed to give you credit on the agreement that this was repaid. You have failed to maintain your obligations to them.

 

We have little option but to recommend immediate court action is taken against you. This could result in papers being served which require your attendance in person at court. You will then be required to advise a court of law as to why you have failed to make payment and further more disregarded our and Capitol One’s attempts to discuss this matter in the hope of reaching an amicable solution.

 

Your blatant avoidance tactics have made all these attempts pointless, however a full record of all calls and letters to you can be provided to the necessary authorities in order to prove your actions and attitude are unacceptable.

 

We now suggest that you now deal with this matter in an adult manner by contacting us. You have 7 days to meet this request.

 

The way in which this debt will be dealt with in the future now rests in your hands.

 

I have never been rude to them, is there any way I can request a copy of the telephone calls and surely I should have been told if all the calls were being recorded. Also, I don’t know whether I should respond in writing if so does anyone have any suggestions on what to write.

 

Thanks in advance

 

Hayley

[spotnot]

Send them a CCA letter and a SAR. This should annoy them somewhat. They must prove that you owe this money. I would have thought that cos you got £200 from Capitol One that this would have wiped out the debt in the first place!! The rest of the money must be charges added on by the DCA. The SAR should give you details of this. Iw ould ahve thought that cos Capitol Ones charges, effectively cancelled the debt, then you shouldn't have to pay any more!

 

In the SAR , you should state that you want ALL information held, including all telephones calls.

 

Spot

[Tristesse]

You can certainly get the recordings or transcripts of these calls and do not worry with letters like that if it ever did go to court (which it won't) you can use that as evidence of harassment against you and claim for compensation.

 

Firstly you need to check that Newman have the right to chase this debt. Read some of the other threads and it will tell you how to do so. Once you have done this the debt is in dispute until they have provided the required information (original signed credit agreement etc). If they don't they can't chase the debt.

 

Secondly send Capital One and Newman a Subject Access Request for a copy of all statements. Highlight the charges and follow the guides many have posted to claim these back (the debt will also be in dispute at this point also). At this point I would also ask for all information regarding yourself including but not exclusive to transcripts, personnel information etc. You are fully entitled to this.

 

You may well find - and it sounds quite probable - that most if not all of the debt will be cleared once you have your charges back and remember no matter what they say by adding charges they have made you worse off and contributed to your ability not to keep up payments.

[bluecat0208]

Dear Hayley,

 

I would send them the SAR (Subject Access Request) letter and they will have to send you all the information they hold on you. As they have told you that they make copies of telephone call you can ask for these as well - they will look fairly stupid if they then don't have them.

 

The SAR letter can be found in the Letter templates and you will need to send payment for £10.

 

You can also ask for a statement of account showing what you have paid and when, also it should show how they have reached their final figures.

 

It does apper to me that they are just trying to scare you so try not to get stressed. At the end of the day they are all blow and bluster with very little substance.

[hayley]

Hi all

 

Thank you so much for all your advice.

 

I dont know whether i made any sense, i have already sent the SAR to Capitol one, i had my statements off them and requested the chrages back. They then sent me a letter offering £200 which i accepted because i thought that i couldn't claim it all back. I know i only owed them £200 because that is all my credit limit was with them so the rest is interest and late payment charges. Do you mean i should send an SAR to Newman to see what they have on me if so shall i adapt the letter to ask for telephone transcripts and i may be being dull but what is a CCA letter?

 

Sorry to be a pest.

Hayley

[Sparkie1723]

Can you give me the full name and address of this newmwn debt collection Agency ...it looks to ma at first hand they are in deep deep trouble!

 

Sparkie1723

[hayley]

No problem here you go

 

Newman Debt Collection Agents

Limewood House

Limewood Way

Leeds

LS14 1AB

 

Email: [email protected]

[spotnot]

A CCA letter is a letter that asks the creditor (the DCA) to forward you a copy of the original signed agreement (not application form) with Capitol One. It costs you £1 to send and the DCA must reply within 12 working days, otherwise they will default. After a further calendar month the debt is unenforceable and they cannot chase you for it without permission from the court.

 

When you send the SAR you must put in that you require all recorded telephone calls.

 

Spot

[spotnot]

Nothing registered with Companies House

[hayley]

A CCA letter is a letter that asks the creditor (the DCA) to forward you a copy of the original signed agreement (not application form) with Capitol One. It costs you £1 to send and the DCA must reply within 12 working days, otherwise they will default. After a further calendar month the debt is unenforceable and they cannot chase you for it without permission from the court.

 

When you send the S.A.R - (Subject Access Request) you must put in that you require all recorded telephone calls.

 

Spot

 

Thank you so much, i will send that this afternoon. Who is companies House?

[diabolical]

Companies House is the the official UK government register of UK companies. This company is on the register as Newman & Company Ltd.

[itsamomentintime]

Can you give me the full name and address of this newmwn debt collection Agency ...it looks to ma at first hand they are in deep deep trouble!

 

Sparkie1723

 

 

in deep deep trouble for what? please elaborate!!

[Sparkie1723]

Right here we go.

 

Newman & Company Ltd

The Data Protection Act states that anyone obtaining and processing personal data of others must register with the ICO for a license to do so in the case of a Limited Company the address give on that license MUST/SHALL be that of its Registered Office

 

You will see from below that the registerd office given to Companies House is not the one given to the ICO on their license.

 

Therfore by being incorrectly registered and having failed to notify the ICO of the change of address within 28 days of change ( and I believe they've been there longer than 28 days) and as they are processing data incorrectly registered.... they are committing a CRIMINAL offence under the DPA.

 

Sparkie1723

[Sparkie1723]

Give you the details in a min

 

sparkie 1723

[Sparkie1723]

Heres the details .........not so clever are they????

 

Sparkie1723

 

 

Name & Registered Office:

NEWMAN & COMPANY LIMITED

LIMEWOOD HOUSE

LIMEWOOD WAY

LEEDS

WEST YORKSHIRE LS14 1AB

Company No. 02641622

 

 

Registration Number: Z6626975

Date Registered: 01 May 2002 Registration Expires: 30 April 2007

 

Data Controller: NEWMAN & COMPANY LIMITED

Address:

8 GEMINI PARK

SHEEPSCAR WAY

LEEDS

LS7 3JB

Other Names:

NEWMAN DCA

NEWMAN & CO

This register entry describes, in very general terms, the personal data being processed by:

NEWMAN & COMPANY LIMITED

This register entry contains personal data held for 2 purpose(s)

 

 

[diabolical]

Interesting...

 

also they don't have their place of registration nor their company number on their website as required by the new Companies House rules

[falcon185]

Well maybe its time they were put in an awkward position by someone reporting these breaches?? ;-)

[hayley]

Right here we go.

 

Newman & Company Ltd

The Data Protection Act states that anyone obtaining and processing personal data of others must register with the Information Commissioners Office for a license to do so in the case of a Limited Company the address give on that license MUST/SHALL be that of its Registered Office

 

You will see from below that the registerd office given to Companies House is not the one given to the Information Commissioners Office on their license.

 

Therfore by being incorrectly registered and having failed to notify the Information Commissioners Office of the change of address within 28 days of change ( and I believe they've been there longer than 28 days) and as they are processing data incorrectly registered.... they are committing a CRIMINAL offence under the Data Protection Act.

 

Sparkie1723

 

Hi Sparkie1723

Is there anything i can do then based on what you have said, mind i dont have a clue what it all means. I probably have got a letter from more thatn 28 days ago from them i will have a look at the address on there now.

Hayley

[hayley]

Hi Sparkie1723

Is there anything i can do then based on what you have said, mind i dont have a clue what it all means. I probably have got a letter from more thatn 28 days ago from them i will have a look at the address on there now.

Hayley

 

Yes, i have a letter dated 11 Dec 06 with address as Limewood House.

[Sparkie1723]

haley,

 

You can either write to Newman & Company tell them that you have become aware of the fact that they are incorrectly registered with the Information Commissioners Office as a data processor and that that by holding and processing your personal and financial information they are committing criminal offences under section 20 (1) of the Data Protection Act (failure to notify changes) and that you will give them 7 days to give you assurance IN WRITING that they have deleted the information about you from their data base and that it will not re-appear again on their data base, for any reason, otherwise you will have no choice but to report them to the Information Commissioners Office for non compliance of the ACT and thereby committing a criminal offence

 

Sparkie 1723

[hayley]

Sparkie

 

You Are Fab!!!!

 

Cheers

Hayley

[Notty]

Hi Hayley

 

I am in the same position as you. £200 on a Cap One card, £600 charges, passed onto to Newman. It will be interesting to see what happens. I am trying to get my charges back plus a default removed from Cap One but Newmans, as you say, are chasing me and forever ringing me up. I have sent them a letter saying I will pay them a token £1 per month until my claim is settled with Cap One. Must say this extra bit of info from Sparkey is really interesting.

[hayley]

Hi Hayley

 

I am in the same position as you. £200 on a Cap One card, £600 charges, passed onto to Newman. It will be interesting to see what happens. I am trying to get my charges back plus a default removed from Cap One but Newmans, as you say, are chasing me and forever ringing me up. I have sent them a letter saying I will pay them a token £1 per month until my claim is settled with Cap One. Must say this extra bit of info from Sparkey is really interesting.

 

Hi Notty

 

Just wrote a letter to Newman basically saying what Sparky had said i took it straight to the post box. As soon i hear anything i will let you know.

 

Hayley

[tifo]

i was in the same position.

 

Capital One limit £200, balance owing £420 when they sent it to Newman.

 

Letter from Newman £819 ???

 

That was a few years ago. Now have Lowell chasing the £819. Done a CCA.

[Kane33]

Hayley, I will be sending them the same sort of letter. They chase me on the phone and are really rude. I told them not to phone and there response 'Well Ive phoned you', when I say I wont talk to them they said 'Why dont your lips work'. The main one is a guy named Ali he phoned me 11 times in just over 6 minutes once !. They are by far the worst I have dealy with. I told them this morning that they are breaking the Data Protection Act as they do not have permission to process my data and they said 'yes we do'. They do have convincing arguments ha ha. Cant wait till they receive this letter.