Alf v Barcalycard - RMA - 1st Credit - Connoughts - Now Mack Hall

[alfwithhair]

Well FOS will be getting my complaint too, come 03/11/07. The 12+2+30 is up then. So will be costing them another £450 (NICE)

[bach]

Hi, just waiting for a phone call from RMA, they woke me up this morning at 7.79 am and have had the usual bombardment of phone calls since Monday, when Iv answered they has been no one there but I know its them as the number corresponds. Your post has been really useful to me, I now know what to say to them.

 

Basically they have passed me over to UCA debt collectors and there address and telphone number is the same as RMA.

UCA have added £771.04 to the account as a File refereral fee,

 

I sent for a CCA on 10th March recorded and they have not produced it.

 

Don't think they have a leg to stand on, I had a minor stroke in September and missed one payment.But Im not going to pay them any more Im ready for the fight.

 

Ill keep watching your thread good luck and thanks for advice and hints

Lynn

[alfwithhair]

Well still no sign of any CCA from these clowns. another letter this morning; usual crap "Please ring this number immediately" I have quite a collection of these letters now. Pity they are not as quick to answer the request for the CCA as they are in sending rubbish out.

 

Also just had a telephone call from trading standards out the complaint I made to them about RMA's non compliance of the request.

 

Told me nothing I didn't know already, without proving the endebtedness they are not allowed to enforce the debt. But they did say they were refering the case to the OFT, so I suppose that is something.

 

Well they have until Sat 3 November 2007 before they commite an offence for non compliance, 12+2+30 are up then.

 

Has any one got the contact details and rough wording for a letter to FOS about this offence. Also is there any one else I can complain to besides FOS, TS, OFT. There more darts in their back the better. teach them never to ignore me again

[ODC]

Alf

Before you can lodge a complaint with the FOS Financial Ombudsman Service you have to get RMA to send you details of their complaints procedure . If they do not supply you with one or fail to deal with your complaint then you can contact the FOS.

[alfwithhair]

Ok ODC, will see if they will give me these details, but going on their past performance I very much doubt it.

[ODC]

All the better if they dont. They are legally obliged to have a complaints procedure and if they havent they are in deep doo doo

[Mike8]

Hi Guys,

Update on my RMA / FOS / TS Complaint about RMA.

Complaint to NCO /RMA in August, but no response or copy procedure received. After 8 weeks under FSA rules, you can take you case to FOS.

You need to download the FOS complaint Form; -from the website. FOS have now written to NCO/RMA instructing them to deal with complaint.

TS Preston requested contact with local TS, but this has proven too difficult for them to understand. RMA still sending letters - like your recent one - despite my CCA request on 10 october. Just holding off for the 30 days to pass !!! NCO have sent a nice letter on nice paper saying they will deal with FOS request, but need 7/10 days to comply.

Mike8

[alfwithhair]

Alf

Before you can lodge a complaint with the FOS Financial Ombudsman Service you have to get RMA to send you details of their complaints procedure . If they do not supply you with one or fail to deal with your complaint then you can contact the FOS.

 

Do I just write to them and ask for a copy of their complaints proceedure. Do I have to include details of what I want to complaint about?

 

Or do you sent a complaints letter outlining what the complaint is and include the request for their complaints proceedure in it?

[ODC]

Do I just write to them and ask for a copy of their complaints proceedure. Do I have to include details of what I want to complaint about?

 

Or do you sent a complaints letter outlining what the complaint is and include the request for their complaints proceedure in it?

Cl,ick on the website. I think you can do it online once you get RMA/NCOs final response. Its a pity you werent able to talk to one of their highly educated representatives who was posting here yesterday:rolleyes:

[alfwithhair]

Cl,ick on the website. I think you can do it online once you get RMA/NCOs final response. Its a pity you werent able to talk to one of their highly educated representatives who was posting here yesterday:rolleyes:

 

Whose website? I think we might be at cross purposes here.

I was asking about getting RMA's complaints proceedures not FOS.

Is this what you mean?

[Curlyben]

To be honest I doubt very much you will get a copy of their complaints procedure.

You can ask and give them a time to respond, then hit them with FOS once it expires.

[alfwithhair]

Ok CB,

Is 14 days sufficient time to allow them to respond?

also what I am trying to get over and not making a very good job, is do I just ask them to send me their complaints proceedure, or do I have to tell them the details of the complaint at the time of asking for a copy of their complaints proceedure.

[Curlyben]

Try this on for size.

 

Formal Complaint

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

[alfwithhair]

Cheers CD, I will have to do a bit of editing, as they have already commited the summary, criminal offence, date is well passed the 12+2+30. Also Mercers already issued a default on the account, but the rest seems to fit in nicely with their action, or should I say lack of.

 

So if I receive no reply to this within the 14 days I am entitled to take my complaint to FOS then.

 

Thanks again CB

[alfwithhair]

Well still no sign of any CCA from these plonkers, just another letter same as post #13. Pre-litigation rubbish.

No written acknowlegment from local TS or Preston TS about the complaint I made.

Nothing from OFT either.

No reply to CD's letter to RMA regarding anything.

Begining to think it is all a waste of the postage with this lot.

[pt2537]

Hi Alf

 

it can make you feel that way i know, but don't lose faith,

 

if they have given you their final response to your complaint or it has been 8 weeks since the dispute started then you can go to the FOS, that is their criteria before they will entertain a complaint.

 

regards

 

paul

[alfwithhair]

Just have to play the waiting game then. I am too impatient thats my trouble.

[Curlyben]

You'll be very lucky to get a Final response from these "people".

I had a "response in 10 days" letter and that was the last I heard from them.

[alfwithhair]

I just noticed the envelope their last letter came in, as the missis had opened it.

The return address is on the front in great bold print

 

NCO EUROPE Ltd; COLLECTIONS DEPT

PRESTON

PR2 1AU

 

Just so the postman and all the sorting staff know who its from. Bar stewards they are.

[ODC]

I just noticed the envelope their last letter came in, as the missis had opened it.

The return address is on the front in great bold print

 

NCO EUROPE Ltd; COLLECTIONS DEPT

PRESTON

PR2 1AU

 

Just so the postman and all the sorting staff know who its from. Bar stewards they are.

That could probably breach OFT Regulations

[alfwithhair]

Well a breach of a regulation or two is of no concern to a company like NCO/RMA. They have there on laws on collection. Make them up as they go along

[alfwithhair]

Recieved a letter this morning dated 15th Nov, from Steve Brimble, Preston Trading Standands regarding complanit about NCO/RMA's non complience with CCA request.

 

First page of the letter is just a load of guff about s77/78 of the CCA 1974.

 

It then goes on to say that the 'the creditor is defined as the person providing the credit under a CCA, or the person whom his duties under the agreement have passed by assignment or operation of law'.

 

his understanding is the NOC/RMA act solely as a debt collection agency and rights and duties under the credit agreement have not been passed or assigned to them.

 

He does not veiw NCO/RMA as being a creditor for the purpose of the act and so is under no legal obligation to provide you with a copy of the executed agreement. NCO's policy is to pass these requests on to the original debtor? (What do I want it for, was me asking in the first place)

 

So appears TS are backing NCO/RMA.

Now the OC, Barclaycard have already told me in writting 'we no longer magage your account and you should correspond with NOC/RMA regarding any queries'

 

So what is the score here. Barclaycard will nor discuss my account and NCO/RMA ignore any quiries or requests I bring up with them? Now TS appear to be siding with the DCA. So who are you supposed to get the account information and documents from?

 

Is becoming a bit of a stale mate the one.

Any comments folks.

[Curlyben]

While TS is partly correct in this if RMA/NCO are acting as agents for B'card they have a duty to pass any requests to them for action.

So they ARE obliged to have your CCA supplied.

[alfwithhair]

Was the bit

"It is NCO policy to pass these requests on to the original debtor"

I thought that was ME.

What do I want my own requests passing on to me for?

[ODC]

Was the bit

"It is NCO policy to pass these requests on to the original debtor"

I thought that was ME.

What do I want my own requests passing on to me for?

Its not just NCO/RMA policy its the LAW. S175 of the CCA 1974