RMA - Barclaycard Advice needed

[Ginger66]

Hi there,just wondering if anyone has had any dealings with RMA collection agency.

My Barclaycard debt of £4520 was handed over to them late in 2005 to collect.Over the past year and a bit i have been paying £75/£100 every months having cleared £1625 so far of the debt.I have had RMA texing,writing letters,phonecalls every week saying the debt must be cleared.Every week somebody will give me a different settlement figure.

 

I have never received any statements from RMA whatsoever and have just found out that for every £100 i have been paying they have been taking £32 of it themselves instead of the full £100 reducing my debt.Legally can they do this? I have never been told that they will be adding charges.Barclaycard have said that the account was sold to RMA.RMA are claiming that the account is owned by Barclaycard after i queried the extra charges.

 

I have written to Barclaycard for a list of the charges to reclaim which i shall do in the normal way as others have done so on this site.

 

Can anyone give me any advice on how i can stop RMA from the threat of somebody calling round,one guy in particular is quite threatening.I have started recording phonecalls.

 

Should i just continue with the monthly payments.I have seen a couple of posts where people have written to the collection agencies to say that the account is in dispute with the bank.

 

Many Thanks in advance for your help.

[pmhcfc]

Hi there,just wondering if anyone has had any dealings with RMA collection agency.

My Barclaycard debt of £4520 was handed over to them late in 2005 to collect.Over the past year and a bit i have been paying £75/£100 every months having cleared £1625 so far of the debt.I have had RMA texing,writing letters,phonecalls every week saying the debt must be cleared.Every week somebody will give me a different settlement figure.

 

I have never received any statements from RMA whatsoever and have just found out that for every £100 i have been paying they have been taking £32 of it themselves instead of the full £100 reducing my debt.Legally can they do this? I have never been told that they will be adding charges.Barclaycard have said that the account was sold to RMA.RMA are claiming that the account is owned by Barclaycard after i queried the extra charges.

 

I have written to Barclaycard for a list of the charges to reclaim which i shall do in the normal way as others have done so on this site.

 

Can anyone give me any advice on how i can stop RMA from the threat of somebody calling round,one guy in particular is quite threatening.I have started recording phonecalls.

 

Should i just continue with the monthly payments.I have seen a couple of posts where people have written to the collection agencies to say that the account is in dispute with the bank.

 

Many Thanks in advance for your help.

 

Send them this immediately (send recorded and dont forget the £1.00 Postal order) : If they haven't complied after 12 working days of receiving this request, you can legally stop paying them until they produce the Original Agrement..If they haven't produced it a further month later then they've commited a criminal offence and the debt becomes unenforceable..Be careful what they send you though, come back here and report to us what they've sent you...Anyway, here's the letter you need to send:

 

Your Ref: xxxxxxxxxxxx

To Whom It May Concern

I do not acknowledge ANY debt to your company.

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA 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.

 

 

Yours Faithfully

[poochball]

Agreed, send the letter in the Previous Post.

 

I would also write to Barclays regarding the Debt Collection Agency charging off £32 per month.

 

I beleive that they are not allowed to do this if there is nothing about this in your original agreement. I could be incorrect but based on my findings I beleive it is correct.

 

I managed to get charges back from a Debt Collection Agency Barclaycard used by stating this.

 

I sent the letter below:

 

 

Dear Sir or Madam

 

 

I am writing with regards to a Credit Card debt which you are currently collecting from me. This debt was passed to a collection agency named Credit Security Limited back in January 2003. Credit Security made charges to a debt I was desperately trying to pay. I feel that these charges are unjust and are disproportionate to the debt in question.

 

Having reivewed my Original Credit Agreement, I can find no clause that would state should I default on the Agreement, a Debt Collection Agency would apply additional charges on a month by month basis.

 

 

I received letters demanding I paid this debt which is contradictory when the payments I was making were not affecting the balance. It is with this in mind that I ask for you to review the charges made and remove these forthwith.

 

My main concern is that I was already charged by Barclays, late payment fees, over limit fee, interest and any other fees that you applied to my account. I know you want me to pay this debt off, but when at the time you were applying charges, you made it very difficult for me to clear the balance.

 

 

Should you be able to refund the unnecessary charges by this collection agency, then it would be beneficial for all if this amount was taken from the balance I owe you.

 

 

I hope that you can help me with this matter and anticipate your response.

 

 

Thank you in advance for your cooperation.

 

 

Yours faithfully

 

 

 

 

 

 

 

 

Poochball

[Ginger66]

Many thanks for your help on this.It's unbeleivable when people are trying to pay off debts companies just want to load them with more charges.

The first line in your letter "i do not acknowledge ANY debt to your company" Am i able to put this as i have been paying on a monthly basis for the last year ? Also one other thing should i continue making a monthly payment until i receive the information from them.I am also going to ask them for a statement showing payments i have made as i haven't been keep track.

Thanks again.

[pmhcfc]

Many thanks for your help on this.It's unbeleivable when people are trying to pay off debts companies just want to load them with more charges.

The first line in your letter "i do not acknowledge ANY debt to your company" Am i able to put this as i have been paying on a monthly basis for the last year ? Also one other thing should i continue making a monthly payment until i receive the information from them.I am also going to ask them for a statement showing payments i have made as i haven't been keep track.

 

Thanks again.

 

Yes i is alright...You're asking them to prove that they have the right to collect an alleged debt from you- they could be anybody. If they've got the proof giving them the right, then so be it...They are in 'default' 12 working says after they've received your request...The people 'in the know' on here would advice you to pay until they've defaulted, although I didn't when I was in similar situation...That part is up to you

[Ginger66]

Great thanks a lot for your help.Will keep you updated.

[Ginger66]

Hi all,just to update.I sent off the following letter on the 26th March to RMA which Pmhcfc forwarded to me,thanks.All i have had in return is 2 phonecalls from RMA on my answer phone asking me to contact them urgently.I have not returned the calls as before was advised best to deal by letter.Also as yet had no reply from Barclaycard as to who exactly is adding on these extra charges.Although having received statements from Barclaycard it looks like they are but are denying it.

 

What should my next move be? Is there a set time when RMA should have sent the info to me.

 

Your Ref: xxxxxxxxxxxx

 

 

To Whom It May Concern

 

I do not acknowledge ANY debt to your company.

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA 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.

Thanks for your help,much appreciated