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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 2nd May 2007, 16:14   #1 (permalink)
joe1965
Classic Account Customer
 
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I am in: King's Lynn
Posts: 221
joe1965 Novitiate
Question Is it ok?

Been having problems with RMA (NCO by another name) hassling me when the account is in dispute. I have written the letter below. Have I missed anything out or put in something I should not?

Thank you for your letter dated 1st May 2007.
I will not be agreeing any suitable terms of payment with you as the account is in dispute with Barclays Bank and has been for some time.
I will be however contacting the Office of Fair Trading about the way your company carries out its business and totally ignores the guidelines set down by the OFT which you are legally required to follow.
These include;
1. On more than one occasion your staffs has tried to make me borrow money from families or friends to pay off the debt. (2.6b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing).
2. Not disclosing who they are when telephoning just saying “A company from Preston” and trying to hide behind the Data Protection Act – which is absolute rubbish. (2.2c. those contacting debtors not making clear who they are, who they work for, what their role is, and what the purpose of the contact is).
3. Members of your staff telling me inaccurate and false information on what your company can and can’t do.2.2b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge).

As it seems your staff are either ill trained or misinformed about what the legal status of a debt when in dispute I will point it out to you.
A. You may not try to collect monies.
B. You may not put a default on the account
C. You may not take legal action to try to recover this debt.
D. You may not contact the debtor

IN FUTURE I WILL ONLY COMMUNICATE WITH YOU IN WRITING
If I receive any phone calls from your company I will consider it as harassment, and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, as you will be in breach of the Communications Act (2003) s.127 meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.
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Old 2nd May 2007, 17:17   #2 (permalink)
powelll
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Default Re: Is it ok?

Sounds pretty good to me! You may also want to mention that harrassment is a criminal offence under section 40 the Administration of Justice Act... may as well stick it all in there!
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Old 2nd May 2007, 18:09   #3 (permalink)
joe1965
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I am in: King's Lynn
Posts: 221
joe1965 Novitiate
Default Re: Is it ok?

Thanks.
Even though I'm quite up with it all I find that you can get a bit too engrossed in what you are doing and make mistakes. So it's always better to get a second opinion.
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Old 2nd May 2007, 18:37   #4 (permalink)
diskmandave
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I am in: Ashton Under Lyne
Posts: 4,230
diskmandave Authoritativediskmandave Authoritativediskmandave Authoritativediskmandave Authoritativediskmandave Authoritativediskmandave Authoritativediskmandave Authoritativediskmandave Authoritativediskmandave Authoritativediskmandave Authoritativediskmandave Authoritative
Default Re: Is it ok?

Quote:
Originally Posted by powelll View Post
Sounds pretty good to me! You may also want to mention that harrassment is a criminal offence under section 40 the Administration of Justice Act... may as well stick it all in there!
As well as the Protection from Harassment Act and the Malicious Communications Act.
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