where do i start!!!

[sandrock]

Where do I start!!!!!!!!!!!!!!

 

Finally fed up with letters phone calls and constant money being sent out month after month……… help required where do I start????

Debt Collecter RMA (Risk Management Alternatives) - Formally BARCLAYLOAN

 

Borrowed 6,000 (with insurance for loss of employment) Paid back 2,275.00 over 18 monthly instalments, was self - employed,(which they were fully aware of) business failed and closed business , requested claim form but could only claim if I was “claiming benefits” ie Job seekers allowance. Got local job to pay bills straight away but could not afford the loan payments.

 

Loan went into Default, then received letter from RMA requesting I contact them regarding the outstanding Balance of 6,526.22 enclosing a file referral fee of 25quid!

 

Rang them said I can only afford 25 per month which they accepted, since then I receive a letter every three months asking for increase in monthly repayment, oh and charged 25.00 file referral fee……each time….

Paid 25 per month for past 18 months balance statement received today (with 25 quid file referral charge) 6,760.25 !!!!!!!!! WTF.

 

Any idea where I should go from here!

[jumpjet]

Firstly I think that you have taken the right decision to join this site. I have only recently had DMP accepted by the bank but if I hadn't been for this site and being able to take them to court I would still be drowning in thier demands. Credit cards too!

 

When I asked the same question..........READ! READ! READ! was the general response and I pass the same advise to you. There now seem to be many pages of new posts on this site daily and as I understand it the site helpers and mods can find it hard to keep up sometimes, but you will always get the help you need and often without their intervention because there has been someone on here with the exact circumstances as yourself. After a while this site does give you the knowlege to take control again! Read the FAQs, step by step instructions and all the other info for new members and it will go from there!

[mutzi]

Referal fees sound like... penalty charges. Claim them back

[sandrock]

This is so frustrating.... i have read and read the forums but i really do not know where to start, even read that the ppi is also reclaimable but can not find template letter. As this was a condition of getting the loan.

 

recieved a letter today out of the blue from rma offering to clear debt will reduce to 4170 for final settlement..........didnt charge me 25 quid this time though.

 

going to send a S.A.R. to RMA AND BARCLAYLOAN tomorrow recorded etc.

 

paying 25.00 per month just as a token payment so it does not go to CCJ

 

they rang me today and i said not to ring as it is classed as harrasment "oh not another one, we have to right to ring you twice a day between 9am and 7pm", i hung up, she rang back four more times!!!!

 

can someone please help with this one totally confused and forumed out!

:confused:

mrs c

[sandrock]

any body?

[stan5131]

Ok, you need to send a S.A.R - (Subject Access Request) request off the Barclayloan to see what penalty charges they have imposed (template letter in bank templates) and dont forget to include £10 and send by recorded and keep receipt.

 

Then send RMA a CCA request letter by recorded and encl £1 postal order.

 

Do you know the total amount you should have been paying back with interest as the balance seems an awful lot despite what you have paid off the loan?

 

Remember, SAR goes to Barclayloan and CCA goes to RMA. It seems that one or the other, or both have added unlawful penalty charges.

[stan5131]

You should watch Trevor McDonald tomorrow night. Programme is dedicated to PPI and features Martin Lewis.

[stan5131]

1. Harassment by telephone - response letter

[stan5131]

THIS IS CCA REQUEST

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, we would be grateful if you would send us a copy of the orignal agreement, together with deed of transfer and proof of your entitlement to collect this debt. Also a complete list of transaction/charges on this account since transferred to yourselves.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We 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.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

[sandrock]

thank you Stansfield just had ANOTHER call from them (RMA)asked them to write and not phone she said they do not write they are a telephone DCA and do not communicate by letter.Hung Up.

 

Will do the CCA AND SAR and harrasment letter.

[stan5131]

Next time they say they dont write, say "thats funny, Im just looking at a pile of letters from you right now! Are you saying they are not from you even though its on your headed paper"?

[sandrock]

wish I had thought of that...........

[sandrock]

Printed off CCA Request to RMA

Printed off SAR to Barclayloan

Printed off Harrasment Letter to RMA

 

Will record deliver all tomorrow 12/01/07

 

[stan5131]

Good for you! Keep us posted.

[sandrock]

recieved a nice little postcard today from RMA

 

"I CONFIRM THAT I WILL BE CALLING

 

on 18/01/07

 

BETWEEN 8AM - 8PM

 

if inconvenient please telephone 0xxxxxxxxx

quoting reference xxxxxxxx

 

regards

(eligible signature)"

 

 

do i tear it up or should i ring the MOBILE NUMBER....:?

[sandrock]

anyone?

[LJL]

I am battling against RMA now.

 

They were actually one of the best DCA's I was dealing with, when I was paying them nicely for a few years, then I discovered this site and realised that more then likely what I was paying back was OTT and more then likely made up of charges etc, now I am finding them somewhat obstructive.

 

What you have to remember is that most people who work for this sort of DCA's and call you are not neccessarily trained professionals, I know of many a friend when I was at Uni, going to work for DCA's at night time and weekends just to earn some extra cash.

 

What you also have to remember that these people who call you have targets to hit from their managers, the managers have targets to hit from their directors, it creates a highly pressurised environment for them to work in, so they have no issues putting pressure on you. I actually enjoy talking to these people now (on the rare occasions I have too), they are very easy to wind up, I make them answer my security questions and generally play them at their own game.

 

RMA are excellent at ignoring letters you send to them (even if by recorded delivery). I recently sent them a request for a signed copy of my Credit Agreement along with £1, they ignored the letter and cashed the cheque!!!!!

 

I used to recieve those postcards when I was first in trouble and had not yet set up any sort of action / replayment plan, they are scary if you dont know any better.

 

I am sure that I have read on this site that RMA / NCO (parent company) do not have door to door representitives, I used to always call the number as they used to worry me, but also worry my wife a lot who was at home caring for a new born.

 

I would ignore the postcard, simply do not answer the door if they do call round.

 

I now work in recruitment and from time to time (once a year maybe) we have to take other companies to court for not paying their invoices, we will only do this if we know 100% that we will be successful, to do that we have to record every conversation and corresspondence (email, post, fax etc) we follow very strict admin guidelines and always have give the debtor lots of opportunity to pay and be seen to be fair - otherwise it would go to court and our case would get ripped apart and thrown out i.e people who are chasing you for money, have to do EVERYTHING by the book, if they dont then they do not stand a chance.

 

Keep a log of everything, I wish I had from they start, if I were to do things differently now, I would have a diary dedicated to RMA and any other DCA's I was dealing with.

 

I have just this second recieved in the post a computer database programme called ACT! which is used as a sales tool, but I will be using it to record information, set dates, input letters etc with anyone I have an account with, whether that be a debt or not.

 

Remember that there are laws in place regarding debts and debt collection, they are there to protect both parties, not just the DCA's.

[stan5131]

Dont even bother ringing the number. If anyone calls at the door from this company (which I doubt), then just keep them at the door and say "just a second whilst I get my mobile phone" Come back to the door with your mobile and pretend to press a few buttons. Then say "Ok, Im just recording this conversation as evidence. Before you say anything, I would just like to make you aware that I submitted a CCA request to RMA on xx/xx/xx under the Consumer Credit Act 1974. This automatically puts the debt into dispute and puts you to prove, by way of documentary evidence, that you are legally entitled to collect this debt. Any attempt by yourselves to continue to enforce this debt whilst in dispute, is a clear breach of the Consumer Credit Act and a very serious offence".

 

Watch him leg it down the path!

[sandrock]

thanks LJL and stansfield ... i reckon it was the girl i spoke to on the phone earlier this week just sent it to p me off........

[sandrock]

on another matter but still relevent.....

 

Marks and Spencer / ECI Ltd(DCA)

 

sent out a s.a.r. to M&S 05/01/07 recieved letter today

 

"thankyou for your payment, the balance on your account is 2,621 and interest is no longer being charged.

your account has now been passed to Collection Agents and they will be contacting you in the near future. All payments and correspondence should be direct to them."

 

are they taking the p... there has been no correspondence from Eci either advise please what letter should I send M&S?

 

__________________________

Capital One / Intrum Justitia

 

sent out s.a.r. to capital one 05/01/07

sent out c.c.a. to Intrum Justitia 05/01/07 received letter today

 

"Thank you for your recent comunication.

Unfortnately we are unable to provide you with the information that you have requested and in light of the information contained in your letter, i can confirm that the above account has been returned to Capital One and that you will receive no further telehone calls or corespondence from Intum Justitia in relation to this account. Any further enquires you may have with regards to your requests, must be forwarded directly to Capital One.

A cheque for the one pound you enclosed for the requested information will be returned to you under seperate cover.

I would like to thank you for bringing this matter to my attention. If you require any further assistance please do not hesitate to contact me."

 

I have been paying them for the past four years!! what should I do now wait for Capital One to contact me or reply to the DCA , if so what should I reply.........

 

help needed please....

[PriorityOne]

__________________________

Capital One / Intrum Justitia

 

sent out s.a.r. to capital one 05/01/07

sent out c.c.a. to Intrum Justitia 05/01/07 received letter today

 

"Thank you for your recent comunication.

Unfortnately we are unable to provide you with the information that you have requested and in light of the information contained in your letter, i can confirm that the above account has been returned to Capital One and that you will receive no further telehone calls or corespondence from Intum Justitia in relation to this account. Any further enquires you may have with regards to your requests, must be forwarded directly to Capital One.

A cheque for the one pound you enclosed for the requested information will be returned to you under seperate cover.

I would like to thank you for bringing this matter to my attention. If you require any further assistance please do not hesitate to contact me."

 

I have been paying them for the past four years!! what should I do now wait for Capital One to contact me or reply to the DCA , if so what should I reply.........

 

help needed please....

 

It means that Intum Justitia do not have the paperwork and have been collecting unlawfully from you for the past 4 years. It means that they cannot enforce the debt without going to court, but are highly unlikely to take you to court because they would need paperwork to do it.

 

Personally, I would wait for the calendar month to now go past, by which time IJ will also have committed a criminal offence. Then think about claiming back the payments you have made to them over the past 4 years.

 

When you get the S.A.R - (Subject Access Request) info back from Capital One, look for a Deed of Assignment. As I understand it, if there is no proof of a D of A, then they are (I think) guilty of passing your data across to a seperate company without your permission.... although someone will have to confirm this please. Also, when you get the SAR docs. back, tot up all the unlawful charges that they have applied to the account and claim them back from Cap. 1 to bring the debt down. So...

 

1. Do not contact IJ for now.... wait until they have committed an offence.

 

2. Wait for the SAR to come back from Cap. 1

 

2. No need to worry about making payments to anyone right now because the debt is in dispute.

[sandrock]

any thoughts on M&S......?

[PriorityOne]

Something along the lines of ....

 

 

Re: Account in dispute

 

I am in receipt of your letter of (date) which I received on (date) and I am writing to clarify that I am currently in the process of requesting a refund of charges unlawfully made to the above account.

 

I note from your correspondence that you have passed my account to a collection agency. However, I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

Furthermore I wish to inform you that the £10 cheque/postal order I sent along with my letter of (date) was the statutory fee required under the Data Protection Act 1998 and you are required to send me all personal data that you hold within 40 days of receipt of payment.

 

This was abundantly clear from the letter that accompanied my payment and therefore, I must remind you of your obligations to kindly supply me with a complete list of transactions and charges relating to my account history with your organisation, as I have already requested. Alternatively, a complete set of statements for that period will be acceptable.

 

I am prepared to accept that this is a genuine oversight on your part and look forward to receiving the information within the stipulated time frame. However, should the statutory 40 day deadline expire without receipt of the information that I have requested, I will be left with no alternative but to commence County Court proceedings under the Data Protection Act 1998 and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

 

Yours sincerely,

 

It may be worth checking for the relevant section of the Data Protection Act to give the letter more "oomph".... so, someone else's views on this would be appreciated before you send it off on Monday.

 

As for the DCA, you say that you have had no contact as yet ? If/when they get in touch, send a CCA request (£1) by recorded delivery straight away.

[sandrock]

thanks for that...

I have already sent a CCA to the DCA that I have orignally been paying for last three years at the same time as the SAR to M&S just seems odd they have written that letter.

[PriorityOne]

thanks for that...

I have already sent a CCA to the DCA that I have orignally been paying for last three years at the same time as the S.A.R - (Subject Access Request) to M&S just seems odd they have written that letter.

 

It could be that the person who sent the letter out is just not very bright... or that they are playing games. Somewhere down the line, you will find out which one it is, but the account is still "in dispute" so try not to worry about what they do too much.