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Mowgli_Innit

Person no longer at address problem.

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Hi all!

Hope you're well today.

 

I was wondering if you could help me.

 

My old flatmate moved to Germany leaving some affairs out of order. He has recently come back to stay for a short time before returning to Germany.

 

We have received a number of letters from Barclays and RMA, who are a DCA based in Preston. The affairs were two overdrafts that my flatmate believed were sorted out before he left, although it appears now they were not.

 

Clearly Barclays haven't been able to enforce the debt and have sold it on to RMA, as they sent a notice of transferral for both overdrafts.

 

My old flatmate is confused by the requests for the money, as he thought it had been settled. Also, after asking him, I've discovered that he didn't sign anything regarding the approval of the overdraft and wasn't given the necessary literature regarding defaults etc.

 

I think that Barclays may have made an error and have sold on the debt to cut their losses.

 

However, I am unsure as to what the next step is, as I'm not sure that CCA requests apply to overdrafts..? As RMA are dealing with the acct now, should I SAR or CCA them on his behalf? Should I SAR or CCA Barclays? Should I do both?

 

I'm quite certain that they won't have a copy of the paperwork, but wanted to know the best route to take.

 

All the best!

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However, I am unsure as to what the next step is, as I'm not sure that CCA requests apply to overdrafts..? As RMA are dealing with the acct now, should I SAR or CCA them on his behalf? Should I SAR or CCA Barclays? Should I do both?

 

I'm quite certain that they won't have a copy of the paperwork, but wanted to know the best route to take.

 

All the best!

 

This is not really any of your business and companies won't correspond with you, unless your friend gives their authority in writing to Barclays/RMA.

 

What I suggest that you do, is write back to RMA by recorded delivery stating that your friend is now resident in Germany and you have forwarded on the post to the last known address there. Then when your friend gets back to Germany, he should write to Barclays and RMA, stating that he has no knowledge of any overdraft and therefore does not accept that any debt exists. Barclays would have to provide proof that the debt exists, by sending copies of statements, letters issued. I suspect that Barclays received payments that they had to accept and therefore the overdraft was created by them, in line with the t&c's of the account.


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Hi Uncle bulgaria, thanks for your swift response.

 

As you can imagine my friend is quite worried and would like to get the matter resolved before returning to Germany.

 

I've offered to help as I have some experience with DCAs getting rid of false credit card debts and, with the matter going down a similar route that the previous ones have, I wondered if there was a quick resolute way of closing the matter. Obviously paying off the amount in full or offering repayment in instalments is an option, but my friend is aggrieved at the thought of paying what he feels he doesn't owe and is in no situation financially to do so.

 

With regards to where overdrafts fall into the CCA, it seems that they are not directly subject to it in the way that credit cards are, from what I've read. On a personal note, I'm intrigued as to whether the DCA have the original true copies of information relating to the overdrafts and, as far as I understand, debts are unenforceable without such documents..? Is it advisable to SAR them for such documents.

 

As you can imagine, I am keen to resolve the matter here and now, rather than drag it out and hope that it sorts itself out as my friend is not keen on dealing with the inevitable results of a mountain of paperwork and sifting through it.

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You are making this far too complicated. Suggest that your friend calls Barclays to advise them of the situation and to ask for copies of last statement of account. If he owes the money, he can arrange a payment plan with whoever wants to collect the money. He can ask Barclays about the arrangement with RMA. If RMA are the assigned collectors of the debt, he can send them monthly payments, at an amount he can afford.

 

The main thing is that Barclays/RMA know your friends situation and that he is not living at your address. This will save you a lot of hassle.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Unfortunately, nothing in the 'debt recovery' world is ever resolved quickly. These things have a habit of dragging on for months if not years. I think the best response was from UB in Post #2


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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