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    • Holding my hands up I was a naughty boy driving a transit van along the A55 in Wales in February and exceeded 60mph in what I thought was a 70mph zone. ( all to do with the weight of the van). When I realised the error of my way I took the fine and sent my licence off by Royal Mail. Yesterday I received a letter from North Wales Police saying that I was now being prosecuted in court for failing to surrender my licence. I paid the fine as soon as I received the £100 penalty letter and carefully read the form ( which is confusing to say the least) and immediately took a walk to the post box and sent my licence off. In hindsight I’m a fool for believing that the licence would get to the HMCS in Loughborough without the need to track and trace the letter. I still believe that Royal Mail hasn’t lost the letter with my licence in it as I have never had any other letter go astray. I believe the licence is with HMCS it’s just not yet been processed probably due to Covid backlog. Seems Covid is to blame for everything these days. How can I avoid this going to court? I’ve never had a speeding ticket in over thirty years of driving or any other ticket hence why I was keen to comply with the ticket and send my licence off as instructed.
    • Rejection letter to be sent to the FOS   I am declining your decision of 13th April for the following reason:   Much of your decision is predicated on your view that Aviva had a “process” in place and that they follow this process and as a result the decision to enter an insurance contract in 2015 was fair. 1.      Nowhere in your decision have you explained what the process was and whether in fact the process was fair. Clearly your view is that regards of the process, all that was needed was for Aviva apparently to follow this process and any outcome would be fair.   2.      On 2 June 2021 I received a telephone call from the Aviva complaint team. During the conversation, they informed me that in fact that in 2015 the call handler had been wrong and had not followed the correct process. The Aviva caller told me that it was not part of the process for the call handler in 2015 to refer her suspicions to her manager. Clearly, if the call handler in 2015 had adhered to the correct process and allowed herself to be guided by her own suspicions then Aviva would not have agreed to provide the insurance cover and they would not have become the victim of fraud. In fact that we find is that the correct process at the very serious suspicions of the call handler were overridden by a manager. It seems evident that either Aviva has misled you as to the nature of the process or else they have not disclosed their process to you. It may even be that they do not have a written “process”. They only have “a way of doing things”. If it is correct that you have not seen the Aviva process but have simply taken their word for it, then it is clear that your investigation and your decision has for the short of any reasonable standards. If on the other hand Aviva has misled you as to the nature of the process, then I think you have a very serious issue with Aviva. I believe that you have ever seen the “process” upon which you are purporting to rely on your decision. You may be interested to know that the man who defrauded Aviva also attempted to use my identity to defraud a number of loan companies. I’m pleased to say that all of them exercise sufficient diligence that they did not become victims of the fraud. Only Aviva failed to exercise proper care and allowed themselves to be defrauded. You may also be interested to know that the police have interviewed me and they have interviewed my brother and they are preparing to charge my brother in respect of his fraudulent activity. I am under no suspicion whatsoever. The police have informed me that they will be speaking with Aviva facing fairly soon. There are many other reasons why I am refusing to accept your decision. All the other reasons turn on the fairness of your decision that the reasons above, go to the heart of your own process and the quality of your investigation. I think it’s not insignificant that I have submitted a Freedom of Information Act request and also a Data Protection Subject Access Request to you and so far you have failed to respond within statutory deadlines. I have also sent Aviva a Subject Access Request and they have extended the deadline for compliance by a full two months for spurious reasons which I do not believe. I have also asked Aviva for sight of their policies and procedures in respect of the rules that they apply to their customers for the setting up of new business and I have received no response. The Aviva website makes a show of being aware of the dangers of domestic financial abuse and they trumpet their association with the organisation Surviving Economic Abuse and they say that their staff are all trained in spotting the signs. I have asked to see their abuse policy and I have received no response. None of this is surprising.    It is clear that Aviva have acted carelessly. They were suspicious but preferred to get the new business. It is Aviva which is the victim of fraud but they prefer to try and avoid their responsibility and pass the buck onto me. I’m pointing out that it is Aviva which is the victim of fraud because I can state categorically now that I have no intention of paying any of the money which Aviva is demanding of me. I notice that Aviva prefers to harass me for an alleged debt rather than simply bring a claim in the County Court where an impartial judge would look at all the evidence including information which so far Aviva has declined to disclose.   This letter is intended to decline to accept your decision but also is intended to be my formal complaint which I wish to be escalated to the Independent Assessor. Please confirm receipt of this complaint, provide me with any policies and guidelines the Independent Assessor route and also let me know the timescales involved.   Yours faithfully
    • The G7 hasn't gone to plan, has it?   Rather than showing the UK off as a potential global leader, Johnson has probably started a trade war with the EU and is being told that other nations don't trust him.
    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
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RMA/Barclays


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Hi I am new! I have already posted a thread on here today regarding one of my other creditors - so apologies if I should have put this in that thread. I am just so grateful I have found this site where I don't feel embarrassed to talk about the problems I have and can actually see people who have been in my position and have got through it.

 

Some years ago I had a loan with Barclays bank, who I also banked with. I then got made redundant and had to take a lower paid job in 2003 and I struggled with the debt. I spoke to the Consumer Credit Counselling Service, who made an appointment with an adviser who rang me back about 3 weeks after my initial phonecall. They went through my incoming money and outgoings (which included luxuries such as haircuts etc!). They then decided that I could not afford to pay anything and sent me some forms to send to my creditors to ask to pay £1 per month until I could afford anything else.

 

I did this - and most accepted. Barclays passed me to their collection department as they intially did not accept this - but their collection department agreed - however Barclays closed my bank account and made my overdraft a debt and sent that to their collections department also. However - I have been dealing with the collections department for about 2.5 years now and no problems, now paying £50.00 per month off of the loan account and £50.00 per month off of the overdraft account.

 

I have missed one payment - when I was late and they decided to pass my account straight to RMA for the loan account. I did not receive any letters from either Barclays or RMA, just a phonecall from a guy at RMA and when I rang them back they said that Barclays had passed the account to them and they wanted to collect full amount £6600. I told them i could not pay whole amount and would be able to make payments at £50 per month as I am currently doing until one of my other small creditors is paid off - and then can increase. To cut a long story short - they have said I can pay £50 per month for 3 months - Dec, Jan and Feb, in March I need to increase to £100 for March, April and May and then in May after the last payment they want the entire amount - no arrangements or anything the entire amount or they will send bailiffs. I am really scared - I have paid this month's £50 and have now received a letter from them which pre-dates the phonecall (funny how I receive the phonecall but no letter for another 9 days and when letter does arrive it is dated 5 days before the phonecall) but am so worried what I do in May when they will come after me for £6000 what can I do????

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Courtesy of Curlyben

 

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: Creditors and DCAs - Letter Templates & Budget Planner

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

DO NOT HAND SIGN THE LETTER

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi,

 

I had big problems with RMA, they are a nightmare.

 

Eventually my debt got passed back to Barclays as I refused to deal with RMA and I settled at a discount with Barclays.

 

Put everything in writing (recorded delivery to RMA) do not take there calls or worry about their letters/postcards either, they dont have door step collectors - no one will knock on you door blah blah blah

 

Work out exactly what you can afford to pay them monthly and set up a standing order (not direct debit), every so often they may call to ask/bully you to increase it - but do not be pressured.

 

Also remember that RMA are mearly agents acting on Barclays behalf so direct any CCA requests to Barclays not RMA as they shall be ignored.

 

Buy an A4 lever arch file and keep accurate records of every letter, recorded delivery docket, details of any phone calls and any other form of correspondance, so if the debt ever does go to court - you have accurate case records.

 

One thing I shall mention, is that I only paid my debt to Barclays when they sent me a CCJ date, I got approx a £1000 discount on the amount owing, but previously RMA had offered me a much bigger discount which I did not accept at the time, once they have put the wheels in motion to CCJ you - your bargaining power is weakend.

 

LJL

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