New Day - unsure if there is any agreement with them

[robkeleuk]

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

Any thoughts from anyone? .....

[warwick65]

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

I am a little confused because you say the card was last used in 2007 yet from what I see the agreement is dated 2008 . Are you sure and could you prove the account was used in 2007?

Have you sent a SAR to Newday to establish the facts of this card

Clearly this card is 10 years ish old so maybe your recollections have become hazy - it does for many people.

Where did you get the balance from that you paid off? Was. It one of the free credit reports because they always run at least one month behind with the balance and I am guessing late payment charges and interest might account for the difference.

I am a little confused as to why you were not getting statements

[warwick65]

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

If i may be brutally honest, it was you that trashed your credit rating when you stopped making payments. Newday are under no obligation to stop applying interest and charges just because you sent a s78 request

I do think the SAR would be a way forward, meanwhile has your account been defaulted. If not and you wish to improve your credit rating you would need to catch up the arrears and keep making payments.

I know this sounds harsh but in order to minimise damage you need to make payments. I would also suggest you make your letters slightly less confrontational

Once an account has been defaulted correctly, the only way to get it removed from your credit file would be if a court ruled it irreemably unenforceable and for a 2008 agreement that isn't going to happen.

[robkeleuk]

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

It was Experian credit scoring account. Looking at the account it does not state that it would have ever been defaulted.


Whilst you mention that Newday are under no obligation to stop applying charges and interest are they under no obligation to respond to any of my requests? I have spoken to them nicely, verbally, on three occasions and every time any request falls deaf on their ears. It seems that none of the written communication has done any change to them either.

[warwick65]

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

Really it all depends on what you asked for and how you did it . This is why all advice is stay off the phone and keep it in writing

You sent a S78 request ?

Even non compliance with that only means they can not enforce via a court .

In your written communication did you ask for a specific resolution and did they reply - if so what did they say?

As for the balance, remember that a balance showing on Experian is only what is reported at a specific point. As an example the balance showing on my card never tallies with the statement balance but the statement balance is always correct

I did notice on the statement you posted there was the reversal of one charge

[robkeleuk]

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

Thank you for your reply.

It was one of the reasons that I came here to ask for advice as I am quite lost in matters like that. If I would have known more in advance I would have dealt with it in completely different way. Live and learn

S78 request - I haven't sent one and will search these forums now to see what it does and what should I request.

The only other written communication was the one copied above to which you have mentioned that I should be slightly less confrontational /shy

As mentioned previously I am keen to fully resolve this issue however I do not wish to overpay for something that I should not. Once they complied to my CCA request the balance was £253.69 however when I phoned in to pay that suddenly this was £294.....(see picture on post written on 5th April 2017 22:49 PM)