New Day - unsure if there is any agreement with them

[robkeleuk]

Hi All,

Back in November 2016 I've looked at my bank statements in detail and have noticed that on a monthly basis a small amount of £15 or so goes out to NewDay. Now as I can not recall having had any agreement with them I have cancelled the direct debit waiting to see what will happen.

Three months down the line my credit history picked up two late payment marking from New Day. I have also been sent a letter by some debit collecting agency from Glasgow trying to confirm my details. I spoke to them over the phone and they confirmed that New Day have account with me but they can not trace me. I have confirmed that I do not recall having had any accounts with New Day and used for them to put something in writing before being able to respond. They have used my new address rather than previous address which I vacated back in 2011.

Two weeks later I have finally received two letters from New Day dated the same day - 15th February. Both letter refer to some sort of account number which means nothing to me. Also I am being referred to my previous surname which I have changed back in 2010. New Day claim that full balance is payable now and they have terminated my agreement.

I can only think that this could may possibly refer to a credit agreement that I had with Comet that started in 2008 or 2009 - since Comet went bust there were numerous companies showing up and disappearing from my bank account.

I will attach letters to this post as well.

The question is what is the best course of action at the moment. As I had some prolonged letters with Lowell back in 2015/16 would it be best to send a letter to New Day claiming that I do not recognise having any financial agreements with them and ask for a proof before any other action? Or should I just send a letter asking to explain in more detail what this is all about?

Many thanks in advance for your opinions.

[robkeleuk]

Re: New Day - unsure if there is any agreement with them

Hi All,

So I have sent NewDay a formal request to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974. I have used the expanded form that is available in these forums.

Having said that I have finally received a response from NewDay with a pile of paperwork. I will attach them to this post. Looking at it I think I do recognise what this debt would refer to however I have question marks about the signature.

Could someone advise the best course of action taking into consideration the opening date of the credit taken and the response provided by NewDay?

[robkeleuk]

Re: New Day - unsure if there is any agreement with them

Additional photos

[robkeleuk]

Re: New Day - unsure if there is any agreement with them

Last pictures

[MIKE770]

Re: New Day - unsure if there is any agreement with them

Newday owners of Aquis/Marbles and a few other credit cards

[nemesis45]

Re: New Day - unsure if there is any agreement with them

Old GE Capital card?

nem

[robkeleuk]

Re: New Day - unsure if there is any agreement with them

Hi again,

I definitely need more assistance on this one as it has already cost me a massive drop in a credit rating and they have also marked my account as delinquent.

The agreement refers to the old Comet account which was used in 2007 or so to buy a computer in credit. As it turns out after `Comet going bust my account was travelling from one place to another with different direct debits showing up and disappearing over the course of time. Should have tackled this earlier but did not however it is annoying now when tackling the issue now it hits me with a massive drop in a credit scoring....

I have phoned NewDay on 11th April and have made a payment of £204. I said the payment refers to the latest balance shown on credit report before they have started putting additional charges on the account. I have explained that I have never received any paperwork from them so how could I know that they are legitimate company taking payments .

They claimed the account balance was £295.29 even though their latest letter, after my request of copy of my Consumer Credit Agreement, said account balance is £253.69 (as seen in pictures above letter referring to my request on 8th March).

Anyways the payment of £204 was made to close of the account, regarding the rest of requested payment it was said by NewDay that a complaint has been logged and I will receive a letter within 7 days either requesting more information or the outcome. I haven't received any letter from them yet apart from a statement of theirs which is dated 11th April 2017. It seems that they have added additional charges even though on 8th March they received a request to provide a copy of my Consumer Credit Agreement.

I don't have an issue having paid £204 to clear of my old debt, however having had all the different charges added to this and becoming extra £104.23 is quite ridiculous....Any thoughts please?

Latest letter of theirs

[MIKE770]

Re: New Day - unsure if there is any agreement with them

@Diana M

- - - Updated - -

[robkeleuk]

Re: New Day - unsure if there is any agreement with them

I wonder if anyone could shed me some guidance on this one. I am in a process of writing them a letter as there are few points that need clarifying. I need to send the letter this coming Tuesday so they receive before 3rd May as it seems it is the date that they like to add charges.

1. why was my account marked as delinquent after I sent them request to provide a copy of my Consumer Credit Agreement.

2. Why was account incorrectly marked as £294 when their response after my request indicated account balance was £253.69. 3. That has now seriously affected my credit scoring. 4. They were supposed to reply to my initial complaint when a payment of £204 has been made. 5. Could they add additional charges to the account when there was no credit agreement sent to me and no any other paperwork so I had no idea who they were.

[robkeleuk]

Re: New Day - unsure if there is any agreement with them

[MENTION=55034]nemesis45[/MENTION] - any thoughts on this one please?

[charitynjw]

Re: New Day - unsure if there is any agreement with them

FYI
http://www.moneysavingexpert.com/new...unfair-charges

[robkeleuk]

Re: New Day - unsure if there is any agreement with them

FYI
http://www.moneysavingexpert.com/new...unfair-charges

Many thanks for this! Will make a phone call tomorrow followed with a letter and will update the forums too.

[robkeleuk]

Re: New Day - unsure if there is any agreement with them

Hello, it's me back again....

I have spoken to New Day on 2nd May where I was told that allegedly their response was sent to me on 21st April and should have arrived by the time I spoke to them. As it was not received they pledged to re-send the response by post again...... As nothing arrived by 11th May I have sent them a following response which was received by NewDay on 15th May.

''To Whom It May Concern,

I am writing this letter as an official complaint of a total unacceptable NewDay Ltd behavior. Should this complaint be not looked at seriously I will take things further to other relevant parties not limited to legal assistance too.

I have now on numerous occasions raised my concerns regarding unacceptable charges and behavior verbally and was told that complaints department is looking into the issue. According to your agents I should have received a response by now which has never arrived and to be honest I do not believe it will ever arrive.

This behavior I understand is coming from your business ethics where 2014 you were found issuing unacceptable charges. You have promised that behavior like this will stop however it never did. Because of your unprofessional behavior my credit rating has completely been ruined and you will have to take reverse steps to resolve all of the following issues that I will mention.

On 8^th March 2017 I have made a request to supply a copy of my Consumer Credit Agreement as per my entitlement under sections 77-79 of the Consumer Credit Act 1974. It took quite some time but eventually you have produced something that could be called a reconstituted credit agreement. Not willing to get involved into any prolonged disputes regarding legality of the signature and writing on the form I thought I will do a favor to both parties and will clear the balance that was on my credit report prior to your undefined charges.

The payment of £204 was made on 10^th April. The person on the phone stated that this should be £296 as additional charges were added. I have brought your attention that any response that I have received from you showed a charge of £253.69 which is way below a made up £296. Secondly, there should have never been any charges added to the amount of £204 as I have always updated my address however never received any communication from yourselves regarding running my account. As you can imagine there was a reason why I asked to provide a copy of the credit agreement as I had no idea who you are and why are you deducting money from my bank account especially when I have never signed a direct debit with you!

Also, even though the payment was made on 10^th April 2017 NewDay somehow managed to send me a late payment fee charged to the account on 11^th April 2017!!! How is that possible?
Even though you have received a request to supply a credit agreement you deliberately went and marked my account as delinquent. That was totally unrequired for and unacceptable – what steps will be taken to correct the information on my credit reports?

When payment was made on 10^th April 2017 I was told that complaint was also logged regarding other unexplained charges and that complaint department will get back to me within 7 days – nothing has been received since then up to this date.

I have phoned in on 7^th May 2017 where I was told that complaints department allegedly has sent their response. I was told a response will be sent back to me immediately and I will receive within 2 days – nothing was received as of yet.

Yet again my credit history was marked with a late payment after it was updated with the payment – how come this late payment is showing up when it never existed?

When payment was made I have instructed for the account to be closed – this however was not done at all.

As I have mentioned on the phone my payment of £204 should have been the final payment with all credit scoring agencies informed that account was closed off and all late payments removed from there.


I will await for your response within 7 working days from the date of this letter.

Faithfully yours''


However, I have just returned from holidays and still nothing received from New Day and I highly doubt it they will respond at all. It seems that they are just happily dragging the issue expecting to press me with additional charges....

Any thoughts which parties could be involved in this now?

[charitynjw]

Re: New Day - unsure if there is any agreement with them

Where exactly does Lowells fit into all this?

[robkeleuk]

Re: New Day - unsure if there is any agreement with them

Where exactly does Lowells fit into all this?

Waned to edit the top post to be clearer - I had similar experience with Lowell over another financial burden form the past. They however could not find the CCA and dropped the debt as it eventually got over 6 years. As I had bit of experience in that matter I used Lowell as an example as how to approach this issue.

However, even though CCA provided by NewDay has raised quite a few questions, I stupidly decided to pay the sum hoping this will resolve the situation and I will be left in peace to build my credit score as it was going quite well. Unfortunately this has had completely opposite effect and I am well annoyed now by NewDay....