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Non compliance of CCA request.


mm2000
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I have been paying off an American Express debt to RMA Resolve for about 7 years. Last July (2007) I requested a true copy of my cca as well as a balance of the account. I'd asked them to send this info by recorded delivery and supplied them with a cheque to cover the cca and the cost of recorded delivery. This cheque was cashed by RMA in the space of a couple of weeks. In the time since I had continued to pay the monthly payments but I had heard nothing from RMA. This month (Feb 08) when the next payment was due I sent them a letter to inform them I had given them more than the requisite time to respond to my letter and that I was informing their local Trading Standards Office of their non compliance of my request and no more payments would be paid until they had responded to my satisfaction. I also asked them not to contact me by telephone or expect me to telephone them.

I wrote to Lancashire Trading Standards (RMA's Local TS) and informed them of what has happened but over two weeks have passed since then and I have not received any response from Lancashire TS.

Yesterday RMA telephoned whilst I was at work but left a message for me to ring them today (which I won't).

What should be my next plan of action?

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Are there any other bodies I should inform of the situation.

I've read in other threads concerning CCA Request non compliance that I can use this to negotiate a Full and Final Settlement of the debt. Is this a wise course of action. The only problem I can see here is that RMA claim to be a telephone based agency only and do not communicate by letter. If I were to ask for a F&FS I would not get a letter from them agreeing and saying the debt was considered paid and no further claims would be made on the debt by themselves or anyone else.

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RMA can claim to be telephone-based as much as they like; if you choose to communicate only in writing, that's what they'll have to do.

 

The OFT Guidance on Debt Collection (which they are obliged to comply with under their Consumer Credit Licence) states that failing to comply with a debtor's wishes regarding when and how they are contacted is an 'unfair practice'.

 

In my dealings with RMA and Amex, I told them all communication had to be in writing. When they phoned, I made a formal complaint, which they forwarded to Amex. Amex subsequently agreed with me that the call was inappropriate, and also breached the Data Protection Act. As a result, Amex took the account away from RMA. Whilst Amex were investigating, however, AIC suddenly found themselves able to comunicate in writing! I noted that other than template letters, all correspondence came in hand addressed envelopes; the contents were invariably poorly laid out and written. I suspect that they simply do not have the capacity to produce 'real' letters easily, and since it's also much easier to lie on the phone, that's why they don't like writing.

 

Of my four Amex accounts, all they've been able to produce is application forms; none contain the prescribed terms and are unenforceable.

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