Newman DCA

Jameshar73

Hi,
So I still haven't heard anything and am really worried a letter from their solicitors will drop through the door any day now. I have resent my offer of payments as a recorded letter to get there tomorrow and have sent a CCA. There is an e-mail address on their letterhead. Should I maintain contact through that?

RAS

When did they sign for the CCA letter?

Jameshar73

I posted it yesterday so should be there today but have left the tracking number at home so need to check tonight.
Basically it questions their right to collect the debt - is that right?

Jameshar73

The first letter has arrived and been signed by them - this is a follow up to the first proposal for payments that they never responded to. The second letter (CCA) should get there tomorrow. I guess I should just hold on for a couple of days to see the response?

Jesthar

Jameshar73 wrote: »

The first letter has arrived and been signed by them - this is a follow up to the first proposal for payments that they never responded to. The second letter (CCA) should get there tomorrow. I guess I should just hold on for a couple of days to see the response?

No, you hold on for a couple of weeks after the CCA request letter arrives and see if they send you a valid copy of the CCA. If they don't do that, game over for them - they have no legal right to collect any money off you until they DO provide a copy and get the debt legally reactivated (which involves them going to court, I believe). So you won't even have to make a payment arrangement then, as legally you won't owe them a penny.

So yes, you are right, a CCA request is a challenge to them to prove they are legally entitled to collect the debt. IF they do provide something within the 12+2 deadline, then it stil may not be a valid copy of the CCA, so come back and let us know what they have sent.

As to solicitors, do NOT worry about them! If you DO get a letter claiming to be from their solicitors, chances are it's simply the guy at the next desk printing a legal sounding letter on some differently headed paper - and if you read it carefully you will find it says things like 'could result in' and 'may lead to' instead of 'will' and 'shall.' This is because the chances of them actually taking any legal action are very slim, especially if they don't have the CCA - but they DO like how frightning it sounds to the people they are trying to extort money from. :mad:

Hang in there, James! Don't e-mail them, don't phone them or accept any calls from them, just sit tight and refuse to play the game by their bullying rules. Very often the only genuine weapon these companies have at their disposal is fear, and they will use that to the full! If only because they so very often don't have any legal leg to stand on...

~Jes

Jameshar73

Thanks Jes. Great advice as always ans sets my mind at rest. I'll let you know what I hear from them.

triticale

Odd to see so much negativity regarding Newmans - I actually found them polite and reasonable.

My Tesco credit card debt was first of all passed to 'Triton' who made all sorts of nasty threats which I ignored. Then it went to Newmans, they contacted me and asked me how much I could afford to pay per month, I told them, they agreed and we set up a payment plan.

They leave me be and contact me every few months to ask if I can afford to increase the payment. I couldn't last time, and they said no problem. I was able to increase it fractionally recently and will do as and when I can (it is my debt, after all!).

I suspect they only seem to be harrassers if you try to avoid paying them at all. Unfortunately, occasionally they have incorrect info passed down and are asking people for money they don't owe.

I was polite and reasonable with them at all times, and received the same in return. They are only people, and will quite likely lose patience if they are being shouted at. Just a thought.