Newman DCA

Jameshar73

Hi,
I have been following various threads on Newmans and wondered if anyone can help or offer advice. American Express transferred my debt to them as I have been struggling with the payments.

I have been trying to raise funds to pay back the balance but it is not easy and as such I am trying to agree a payment schedule with them. However they are accusing me of stalling and allege that I committed to pay even though I had no intention of doing so. That was not the case as i said I would do all I could to get the money but in the end I just can't get it. Now they are saying that unless I pay £1500 immediately they will instruct their solicitors to start bankruptcy proceedings.

I am really panicking now so any advice would be appreciated.

Jesthar

Hi James,

Not really my specialist subject, but this sounds like their standard lying scare tactics - remember, these people are usually paid commission, so the more they extort out of you, the bigger their pay packet! :mad:

Have you ever done a CCA request on this account? I'm all for paying off debt to original creditors, but scumbag DCAs are another matter entirely. You never owed them a penny until they bought the right to collect any legally enforcable debt on this account, so if they can't legally enforce it, that's their problem - why should you pay a penny of what they are not legally owed?

~Jes

Jameshar73

Hi Jes,
What's a CCA? I have seen reference to it on this site but am a bit new to this. I think I may also have posted my original plea for help twice.

GeorgeUK

CCA = customer credit agreement

This thread should help you find out more and has a few other helpful links.
http://forums.moneysavingexpert.com/showpost.html?p=22115763&postcount=7

Do not speak to them on the phone - only deal with this in writing. You'll see a big difference in the number of threats they make.

Jameshar73

Great many thanks. I was worried that the time taken with the turn around of letters and post will cause them to take further action as they keep saying they are going to send this to their laywers any day now. Although I must admit that they do keep extending the 'final date for payment' each time I phone to discuss a payment plan.

rog2

Jameshar73 wrote: »

I have been trying to raise funds to pay back the balance but it is not easy and as such I am trying to agree a payment schedule with them. However they are accusing me of stalling and allege that I committed to pay even though I had no intention of doing so. That was not the case as i said I would do all I could to get the money but in the end I just can't get it. Now they are saying that unless I pay £1500 immediately they will instruct their solicitors to start bankruptcy proceedings.

Hi James,

First of all it is contrary to the Office of Fair Trading Debt Collection Guidelines for a Debt Collection Agency to 'pressurise a debtor into making full and immediate payment when that debtor clearly can not afford to do so'.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

In my opinion the threat to 'instruct their solicitor to commence bankruptcy proceedings' is nothing more than a frightener. It will cost them more to initiate bankruptcy proceedings than what they claim you owe them, and they stand a very good chance of getting absolutely nothing out of your bankruptcy.

You need to start by establishing their 'legitimacy' to pursue you for this debt.

The cca request is a good place to start.

Jameshar73

Thanks for the reply you have set my mind at rest. I am determined to get on top of my finances and am not trying to not face my responsibilites, I am just asking them to let me make the payments in a structured manner.
I'll look into the CCA and check out some sample letters on the site.

Jameshar73

I have been reading up on the CCA and it appears to be a way of challenging the DCA that they have the right to collect the debt. I will use one of the letters on here to help with that thanks. Amex originally told me they were transferring it to a collections company owned by Amex but that doesn't seem to be the case.
I have also had a problem with both Amex and Capital One in that they gave me a deadline by which I had to pay the outstanding or make payment arrangements. I phoned before the deadline date to both companies yet they both told me I was too late???

sammy115

Might I suggest that you tell the DCA's what you CAN afford to pay them on a monthly basis and then start to pay that amount of money. If you can afford to pay Newmans £10 then pay it.

Although this won't stop them ringing you have told them what you can pay and you are sticking to your side of the bargain. Any attempt to then bring legal proceedings or bankruptcy proceedings (which is a bluff on their part) will then be frowned on.

It is human nature to pay the people who shout loudest first, that is why they are playing these games with you .

Also have you approached the CCCS if you are having difficulty paying your debts

Jameshar73

Hi,
I am approaching CCCS to see if they can offer some help. I have also written to Newman in the meantime to ask if we can agree a structured repayment. They have replied and said the only plan they can agree to is to pay £400 a month over the next 3 months and after that they will consider another arrangement. They want me to send post dated cheques. I was struggling to pay the £240 a month to Amex so don't know where I will find this extra from. Going to speak to CCCS tomorrow.

BlueIsTheColour

Remember if you don't have it they can't have it, and as it isn't a priority debt, they come way down the line in terms of your available cash!

As it costs a company about £1500 I think to make a person bankrupt, I can't see how this would be cost effective for them, they just want to scare you in to agreeing to pay more....

Send what you have offered, if they dont return it to you, they clearly are accepting it.....