newday cards (AQUA)

marfy85

hi all, first post here but a long time viewer. im having an issue with Newday Cards AKA Aqua credit card.

back in 2012 i recieved a new card from them on a new account, it was used once at a petrol station and unfortunately my card was cloned and maxed out. i sent all the correct forms into the CCC and low and behold the problems started. they agreed they recieved them then they didnt, then they did etc etc.... a 12 month battle later trying to have this dealt with and they removed the balance on my cards, so i though great, ill go and use them properly now. i spend £200 on new purchases, eager to boost my non existent credit through never having any. the next month the balance was back, maxed out plus the £200 i had spent. anyway a long time went on, another year in fact, and tons of phone calls from me all gone to waste being told its all dealt with when it wasnt, being told i would have a call back and i never........ i sent it to the ombudsman. the ombudsman made the final decition that things wernt dealt with properly and that the balance be squashed, however i still pay the £200 odd pound i owed genuinly and Newday also compensate me £150. The default that had been registered by them and a debt collection agency be removed after 2 years on my file and the CC account also adjusted accordingly to reflect to bad past. well...... 6 months on and still Newday are messing both me and the ombudsman around, despite them agreeing with the final decition, they have done nothing about it. when i call them they have no idea what im talking about and when the ombudsman contact them, they give an excuse of its being dealt with. because of all this and solely this by credit score is at 103 and i have no other adverse information. i have been trying to get a mortgage for 2 years and all the companies have said no chance with that on my file. it really annoys me as im such a good person, ive never had a bad debt and im the first to pay my bills every month.

does anyone know what i can do to either escilate this or take to court? thanks

diamonds

Go back to Ombudsman for failure to adhere.

marfy85

i sent it back to them 4 weeks ago. before that they said its not a legally binding contract so there not allowed to "push" the agreement however they are working on it now? useless if you ask me

diamonds

Call them back and keep chasing the FSO.


Small claims court is easy enough, esp with a FSO ruling

Tiny_Tina

marfy85 wrote: »

i sent it back to them 4 weeks ago. before that they said its not a legally binding contract so there not allowed to "push" the agreement however they are working on it now? useless if you ask me

Whilst strictly, legally correct, that is baloney.

You should contact directly the FOS case handler who dealt with your complaint (you would have been provided with their direct contact details if you made a valid complaint through the FOS)

Any financial "supplier" that is covered by the FOS scheme must abide by a FOS proposed resolution if the customer has subsequently agreed to it.

I've had an issue in the past with Aqua which went to the FOS. A resolution was agreed, and due to the various terms, there was no real way to prove all of them had been abided by.
About 12 months later something occurred that indicated to me that the terms were not abided by. I went straight back to the case handler at the FOS, and that person came back to me within 24 hours, having contacted Aqua and getting a full explanation.

(It was complicated, but essentially what Aqua had done that raised my concerns was due to a regulatory requirement deriving from them carrying out the FOS resolution)

I suggest if the FOS really have said what you claim they have, then either make a formal complaint against the FOS, or at least get their response in writing as you will need that to give to the judge as evidence.

As diamonds says, it's usually quite easy to get a court judgement if necessary to enforce a FOS agreed ruling ... but court action should be the last resort and no judge will be pleased wth you wasting court time unless you have tried everything possible (and can prove it) to resolve the matter out of court first.