RMA - What do I do??

[Chancerz]

Hello,

 

I have read a few of the threads on RMA but I am still a little unsure of what I need to do.

 

AMEX passed my details over to them as i had missed 3 payments in a row due to financial difficulty through being made unemployed. The address these people have is a parental address where i no longer reside so I do not get all the letters. They do not have a telephone number for me so they cannot harass me over the phone.

 

I called RMA after speaking with AMEX as they said they had passed the account details over to them. I spoke to a chap called "Chan" and explained my situation and that when I returned to employment (which would be very soon) I would start making payments again.

 

He said that he needed a payment today and that a solicitors letter had been sent to my parental address demanding full payment of around £1200 and that I had to set up a minimum payment of £100 a month starting today.

 

What worried me the most was that this guy could see all the debt I have outstanding on other cards/loans and asked how I was keeping up with those payments?! To which I told him to mind his own business. Is it legal for this company to have access to all my accounts etc...?

 

In the end he said that I had to set up a payment early next week or court proceedings will be issued and bailiffs sent to my parental address where I no longer reside.

 

What do i do?

 

All your help is very much appreciated.

 

Kind regards

[harrassed senior]

First thing, don't panic all baseless threats, they cannot do what they are threatening just like that!

 

Our first Golden Rule is (as you will know now) is never speak with them on the telephone, they tell you allsorts to get you to make an immediate payment and set up a ridiculous payment plan.

 

Take a deep breath, and let us have the following details, nothing is going to happen in the immediate future.

 

When was this Card taken out, rough date is fine

 

They have your other financial details because they have accessed your credit file - they did not have your authority to do so, but they will not stop them, they cannot issue baliff and Court threats either, but as you have experienced, they do.

 

You will get help every step of the way.

[walkinthepark]

RMA wrote to me but I just told them I had offered my creditors a nice amount every month and they went away.

[Chancerz]

Hi,

 

Apologies for the late response. I have been away all weekend with no access to internet.

 

My account was opened on 8th March 2005

 

Does this help my situation?

[debt4get]

in that case you need to send for agreement so we can see if it enforceable or not..enclose a pound postal order do not sign letter simply print...get proof of posting they have 12+2 days to reply otherwise account goes into default and they can not ask for payment nor do you need to make any

To Whom It May Concern:

 

Your Reference: Agreement Number: xxxxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

 

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act.

 

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

 

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment from the Original Creditor.

4. Fair Processing Notice.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request.

 

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine

 

May I remind you, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

yours faithfully

[Chancerz]

Thanks debt4get.

 

Silly question but I am assuming I send this letter to RMA not Amex?

 

Just so i fully understand, what is the purpose of this letter?

 

Also the address they have is a parental address as I have no fixed abode at the moment, will getting the response sent to my parental address cause problems for my parents?

[debt4get]

you send to whoever is chasing you..purpose is to prove that they can legally collect on debt...if you have no fixed abode then they theoretically have no way of getting hold of you...but if they think you at parents they are gonna send letter after letter

[Chancerz]

Hi Guys,

 

I sent the letter to RMA and the only response i have had is from a Westminsters solicitors threatening to issue legal proceedings if i do not contact RMA and arrange a payment. They sent the letter to an old address where i no longer reside.

 

Is this serious can they do anything?

[debt4get]

not really account is in dispute until they come up with relevant paperwork

[Chancerz]

Thanks, so do i just continue to ignore them??

 

On another note if i just walk away from the debt and "return to sender" their letters. What can they do? And if i did this with my other debts credit cards and loan what's the worst that can happen?

[debt4get]

worst case scenario is they issue court proceedings...

[troughmonster]

Hi

I am starting to get the treatment from RMA - I am compiling details of every call or letter from them so that I can make a omplaint.

I have already setup a standing order to start paying my debt back, and have sent my I&E to them, but they still hassled me aggressively this morning.

Can anyone help with with the name of a good person to complain to within Barclaycard/RMA?

 

Thanks

[Bazooka Boo]

Have you got your own thread on this troughmonster?

Others will be able to advise you better if you have.

 

But in the mean time, just put the damn phone down on them, that way then they can't bully you. Don't answer their hilarious 'security' questions, just tell them to send everything in writing and mind their own business.

 

Also, they have absolutely NO right to your I&E details, only a court can request this information.

 

You could try the chief execs email,

John Varley, Chief Executive [email protected]

 

CEO e-mail addresses - CEO email address - chief executive officer - managing director - UK GB england

[Bazooka Boo]

On another note if i just walk away from the debt and "return to sender" their letters. What can they do? And if i did this with my other debts credit cards and loan what's the worst that can happen?

 

Well technically as you don't live at your parents address, then this is what they should be doing, 'RTS Not Known @ this address'

 

My mother does the same for mine, just passes on the postcodes of the return address to me so I know how far down the DCA food chain it is.

 

The worst case scenario is that they obtain a CCJ by default, however I feel it will be very difficult for you to remain under the radar, there are a number of ways in which you can be traced, so it would be advisable to hit them head on, there nothing to be worried about.