RMA Harrassment.

[JAYDEEGEE]

I am having constant phone calls from RMA on a daily basis regarding a debt which I have agreed to pay £5 per month and I have kept to this agreement. I am 73 and live on just the State pension and have sent them details of my income and expenses. They have accused me of 'not keeping to the agreed repayment plan,' I have not missed any payment and have recorded details of the cheque Nos and dates of sending and the fact that they have all been cleared from my bank account. These calls are affecting my health as I have high blood pressure and a heart problem. I have sent them letters asking them to stop calling and use letters, but they still call, I have now decided not to answer these calls and told them that are to write to me and not phone me, no change they still call! Please help me as this is really affecting my health.

 

JAYDEEGEE

[UnitedFront]

Hi there Jaydeegee,

Firtstly, Don't worry!! You have landed at the right place, and there are loads of people here who can and will help you deal with these problems!!!

 

Firstly, it is important to show that you can and will stand up for yourself..... send off something like this to them:

 

 

 

Dear Sirs

Harassment by telephone

 

FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

 

Account Number: XXXXXXX

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

Secondly, I wonder if you could just confirm what type of debt this is? Credit card etc?? If it is a Credit Card or Personal Loan etc, have you sent them a CCA Request??

 

If you could post back with further details, people will be able to offer further advice!

 

Chin up, and don't let these problems get to you. As I have said, you are in the right place here, among friends, who will help with any advice etc that we can.

 

UF

[JAYDEEGEE]

Thank you for quick answer I will send that letter and see what happens next.

 

JAYDEEGEE

[ODC]

All it is is some pre pubescent threat monkey who is trying to increase their commision by pressurising you into paying more money. What was the alleged debt for.

[UnitedFront]

Also, if you receive a call from these idiots..... just say "I will only communicate with you in writing" and put the phone down!! Also keep a note of the dates and times etc of any calls.

 

But definitely post up here and let us know what the debt is for, as there may also be other steps you can take.

 

Hope you are feeling a bit better about things now, because your health must be your number one concern!!!

 

UF

[babybear39]

I'd go straight in with this:

 

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Yours faithfully,

 

Also report them to TS, the OFT, OFCOM and your MP.

[Undercover-Elsa]

Hi Jaydeegee,

Welcome to CAG , and please stop worrying yourself about these people, they thrive on causing worry and upset just to frighten you into paying more, but there's very little they can actually do to you.

Be aware that they lie and cheat to achieve their commission, and never ever speak to them on the phone again. Keep everything in writing.

I would send the excellent letter above, but would add that due to the fact that you have serious concerns about the accuracy of this account you require all further communications to be in writing only and will not discuss it on the phone or in person under any circumstances.

 

Moving on...What type of debt was it originally?

If it was a credit card or loan debt, have you ever challenged the right of RMA to collect it in the first place by sending them a request for a copy of the credit agreement etc?

Kind regards,

Elsa x

[UnitedFront]

Yes, the letter above is much stronger than the one I posted originally..... definitely send the one posted by babybear!! That is the letter I was originally looking for.......

[JAYDEEGEE]

The debt was for Barclay card, When I reached thae age of 65 I had an agreement with my employer that I could work on for two years so that I could pay off my debts, that was in Sept 2000, in Feb 2001 the firm went 'Bust'!! and we all lost our jobs, as I was over 65 I got no redundancy pay although I had worked there for over 20 years.This left me with the card debt which I then agreed to pay off at £5 per month, apparently the debt was 'sold' to RMA and thats when the trouble started!

To which address should I send the complaint, the PO Box No where I am sending my payments, or their registered office?

 

Health is my biggest problem at present, but your help is easing it a bit. My family have told me that if any thing serious happens to my health they will be contacting RMA!

[UnitedFront]

Yes, your first priority must be your health!!

 

Second, however, is sorting these people out! As well as sending the above telephone letter, you should send them a CCA Request. The purpose of this is to check that they have a legal right to collect the debt.

 

I am just trying to lay my hands on the standard letter and will post shortly......... unless someone beats me to it!

 

Don't worry, you will soon be feeling stronger than ever and you won't be letting these horrible people get to you any more!!

[UnitedFront]

Okay, here is the letter that is from the CAG standard library:

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

With the above letter you must include a postal order for £1. Do NOT send a cheque and do NOT sign the letter. This is to keep your signature safe and stop it being "lifted" onto other letters etc.

 

If I were in your position, I would send the above request as well as the strongly worded telephone harassment letter together by recorded or special delivery. I know it costs more, but it is worth it to be able to prove it has been sent. Keep the receipts etc.

 

Then if they phone you up, just say "only in writing" and hang up!

 

Hope you are feeling happier now.

UF

[JAYDEEGEE]

Thank you for all your help, I will send both letters VERY soon and will of course let you know of the result. I could not have hoped for so much help so very quickly, thank you again.

 

JAYDEEGEE

[babybear39]

You're very welcome that's what we're here for

[UnitedFront]

No problem at all Jaydeegee!!

 

We were all worried and scared about these problems once...... but you will be amazed at how quickly the CAG can turn those feelings around!! So many people sleep easier at night because they have found the strength in support and knowledge by being a part of this forum!

 

Good luck and good health to you.

 

UF

[Undercover-Elsa]

Well done Jaydeegee,

Now you're the one who's in control!

Look after yourself,

Elsa x

[JAYDEEGEE]

Just had a call from RMA and was told that the calls would be stopped!! Not sure how the call got past the 'caller display though. I have had daily calls since contacting you, which I did not answer. Maybe in response to a letter I wrote last week. I will keep the copies of the letters that you have given me and will use them if required.

I can't thank you all enough for the help you have given me. I will contact you again if I have any more problems with RMA. Thanks again, keep up your good work.

 

JAYDEEGEE:)

[UnitedFront]

Good for you Jaydeegee!! I hope you are feeling stronger and more empowered now!!

 

These people are nothing but puff and hot air!!!!

 

UF

[mr.ton]

Just had a call from RMA and was told that the calls would be stopped!! Not sure how the call got past the 'caller display though. I have had daily calls since contacting you, which I did not answer. Maybe in response to a letter I wrote last week. I will keep the copies of the letters that you have given me and will use them if required.

I can't thank you all enough for the help you have given me. I will contact you again if I have any more problems with RMA. Thanks again, keep up your good work.

 

JAYDEEGEE:)

 

If you can get your number changed then try to do so.

If this is not possible....then report these clowns to the police (not 999), the OFT & trading standards.

They know you are vunerable with the greatest respect & thats why they are carrying on.

In the meantime...you have the power & control now and caggers will assist you all the way.

Refuse to answer any of their security questions & insist everything must be in wring only.

Oh & stop paying this £5 with immediate effect, if they havent been to a county court (at cost to them) then they have no legal authority to money off you.

I would also consider making an official complaint/your own legal action to obtain a full refund of monies you've paid already on the grounds that they have obtained the money off you through deception & threats effectivley.

[JAYDEEGEE]

I'm going to wait a week or two and see if they keep their word , any more calls and then I will decide what next to do. Thanks again for your help, I feel a lot more confident than I did last week.

 

JAYDEEGEE

[babybear39]

You're welcome Glad to be of help

[harrassed senior]

Hi j - did you send off the CCA request, as this could ultimately mean you have a right not to have to pay anthing to these clowns.

 

Many of us have been where you were at the beginning of your thread, and we do understand your concerns. As has been said, taking these steps will give you back control. If you find £5 per month too difficult, then reduce it to £1. A Judge would not order a pensioner on benefits to pay anymore and these companies know this.

 

Keep well and have a good weekend.