RMA Advise please.

[Paddy_o_Furniture]

My missus owes Barclaycard approx £2.5k RMA got involved about 12 months ago and constantly call us asking us to up the payments and send a list of incoming outgoings so they can assess what she can pay. We'll pay the amount set by them then about 5-6 weeks later they'l contact us again saying they want us to up our payment, it's a never ending circle. We have recentley had a new (unplanned but very loved) baby and advised them that if anything our payments should go down and not up, they disagreed, and offered to put my wife in touch with some specialists that could help us out with our finances. My wife agreed for them to phone us as we'd listen to any help. Turns out these people are elephant loans, are RMA allowed to do this? and can anyone offer any advise on how to stop them hassling us every 5 or 6 weeks.

 

Thanks

[hannabarbera]

The first thing to do is change your phone number and only deal with them in writing.

[oneofakind]

OK, first thing:

 

NEVER speak to them on the phone - all you get is aggravation!

Tell them, politely but firmly 'all communication in writing please', then either hang up, or put the phone down and walk away. (they're paying!)

 

OFT debt collection guidelines section 2.6(b) states that 'pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing' is an example of unfair practice.

 

You should send RMA a CCA request immediately, to see if they have the right to collect on your account anyway. Send letter N from here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

You should put 'I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY' across the page in big bold capitals. Enclose a Postal Order (NOT cheque!) for one pound, which is the statutory fee. Use Recorded Delivery post so you can tell when it's delivered.

 

RMA should send you a copy of your original Credit Agreement. If they don't comply within 12 working days (+2 days for processing) then they cannot enforce the agreement without the order of a court. If they then fail to supply the agreement in the next calendar month, then they have committed a summary offence, and the 'agreement' cannot be enforced at all. Meaning of course, that you do NOT have to pay.

 

If they DO send you an agreement, there are stringent rules to determine its enforceability. You can get help here if necessary.

 

does your Barclaycard account include any charges? If so, you should be looking at claiming those back, too.

 

[maggieboo]

First of all NEVER speak to these people on the phone, tell them you will only deal with them in writing, that way you can keep a record of all conversations.

 

You need to send a CCA request to RMA to find if you should actually be paying them. You need to send a £1 postal order with your letter and make sure you don't sign your name, print it.

 

Never, ever pay more than you can afford and certainly don't take on more debt just to pay them. By putting you onto elephant loans they are breaking the Office of Fair Trading guidelines:

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

 

Are you sure of the amount actually owed? Some people on this site have had all sorts of interest and charges added on.

 

Good luck, there will be others along soon that can give more advice.

 

One of the best things you can do is to insist everything is now done in writing, especially as you have a new baby, if they phone when you are feeling frazzled, you could agree to anything just to get them off the phone.

[oneofakind]

You should not need to change your phone number at this stage. If you still get unwelcome calls, there is lots you can do here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/99361-you-being-harassed-telephone.html

 

Stick to your guns if they call. Ignore, hang up or walk away.

 

(Try giving Junior the phone to scream into, if he/she is having a bad day... )

[oneofakind]

Snap, Maggieboo!

 

[Paddy_o_Furniture]

Thanks for all the help, I will get her to request a CCA and post back my reply. Again thank you all

 

[tomterm8]

Hi, Paddy, While you are already getting help, the only further advice I would give at this stage is that it is generally a very bad idea to consolidate debt, unless the APR is lower on the new debt.

[Paddy_o_Furniture]

I've no interest in getting out of debt with more debt, just want RMA to stop hassling my missus so much. Cheers Thou

[Curlyben]

Speaking from experience of this "lovely" company, they COMPLETELY ignore any legal process and procedure.

Get you number changed NOW.

BT do a very efficient job when dealing with telephone harassment cases.

Keep everything they send to you and once they default on the CCA, after 12 working days and a further month, file a report with Trading Standards.

Admittedly these "people" even ignore TS.

What will likely happen is after you have contacted TS RMA will pass your debt onto another company for more empty threats.

Stay strong as there IS light at the end of the tunnel.

[alfwithhair]

If they then fail to supply the agreement in the next calendar month, then they have committed a summary offence, and the 'agreement' cannot be enforced at all.

 

Is this quote 100% true?

I thought they could enforce the debt at anytime should they come up with the executed agreement?

[tooth_fairy]

Yes it can be enforced, but it has to go through the courts I believe. Contrary to what I used to believe, until someone kindly corrected me, the debt doesn't disappear without the CCA, it just means no action can be taken against the individual concerned whilst the CCA is AWOL. It won't stop many DCA's trying though.

 

Paddy- best thing is to follow, to the letter, what has been advised here and keep us posted, each time you get a letter, or a call, let us know and someone here can advise you.

 

If they do call your OH, just say to them ' Please place any correspondance in writing only, I will not communicate with you on the telephone' and hang up, do not get into any conversation with these people.

 

At first I couldn't hang up but now it's second nature, if you are still getting calls, BT have a choose to refuse service, it's free or half price for the first months and it blocks certain numbers, it should only take that long for RMA to get the message.

 

NB BT will not deal with harrassment calls from DCA's, both myself and my hubby have asked them to deal with it, but they won't, they recommended this choose to refuse service.

 

Keep us posted and good luck

TF x