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Barclays claim paid out, pay to RMA?


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Katie, I would recommend that if you haven't already then send a letter to RMA saying that you will no longer be dealing with them due to non-compliance of CCA request and that you have forwarded your complaint against them to TS. If you need any help with letters then please ask!

Red

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Hi Red et al, thanks for your post. I've just received another letter from RMA again saying 'Please call us we have a proposal for you' dated 7 Aug. This is now a week beyond the 30 days allowed and no documentation has been received. I'm presuming, as Red says, this is now definitely the time to write that letter, as per Tifo's above, and to report them to Trading Standards? Red if you have another applicable letter please let me know. Many thanks to all once again.

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Katie, i have had a look at your letter which you posted above, which I think really in everything in a nutshell. You will just need to amend the final paragraph to say that you are now dealing with TS about their (RMAs) continued actions, and that you will enter no further communications with RMA. I have filled out my form for the OFT (following TS advice) and still logging all contact which RMA attempt. It is a slow process complaining via TS, but I am happy to wait!

RMA are in denial at present that they really do not have a leg to stand on as they still 'phone me and send me letters occasionally and they are also appearing on the site every now and again, probably because they have nothing better to do!

Defintely complain to your local TS, who will direct you accordingly from there (in my case it was consumer direct who then escalated complaint to the OFT)!

Hope that it all goes well!

Red

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  • 4 weeks later...

Hallo again folks!

 

Since sending my letter to RMA saying that I would no longer deal with them as they had been unable to supply my Credit Agreement, that I would report them to Trading Standards etc, etc, I have since heard from RMA twice. Once saying 'Phone us we have a proposal for you' and today saying 'Unless suitable repayment terms are agreed immediately we must return your debt to Barclays Bank plc. We will recommend that they begin proceedings against you'.

 

I have just spoken to Trading Standards asking them what to do next but I'm not clear on what they're suggesting. I offered to send them all relevant documentation to lodge a complaint against RMA but what they seemed to be saying was that what they could do next is write to RMA asking them to supply my Credit Agreement and to take me to court. Now I understood the debt to be unenforceable without this documentation outside of the 12+30 days so can anyone please help confirm my situation and what I should do re this latest threat from RMA and what to do with Trading Standards?

 

Many thanks in advance....

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Well RMA/NCO are a law unto themselves.

They are currently under investigation by Preston TS with regards their business practices.

 

Now for this letter I'd ignore it and let them pass it back to B'card.

As you correctly pointed, without the CCA the debt is unenforceable, end of story.

 

TS can only go so far with this issue.

I suggest making a complaint to the FOS as well, slap RMA/NCO with a £400+ bill just for the complaint ;)

Be VERY careful whose advice you listen too

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End of story? Great. That's what I thought. RMA really are just a bunch of shysters. Thanks for the lightning quick response Ben. I think I will definiitely get the FOS involved though, they helped me out initially with Barclays Insurance Dublin so I have much faith in them. I'll let you know how I get on.

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Now I'm really confused. Have just spoken to FOS and they say they can't lodge a complaint against a debt collection agency who have a right to collect a debt. I pointed out to them that RMA have been unable to produce my Credit Agreement and the FOS just said that I'd have to go back to Barclays to get the original. Now I understood that RMA had to have a copy of it themselves to produce? The FOS also said that unless I am disputing the debt they cannot make a complaint. I have written to RMA saying I do not acknowledge the debt and without the Credit Agreement surely they cannot collect? I told the FOS that I did have an original debt with Barclays but since it had been sold on and without the correct documentation it is now unenforceable and RMA shouldn't be trying to collect (the basis of my complaint). Am totally lost now as to what to do! I was thinking I would get more support from TS and FOS but perhaps I've completely misunderstood my situation. Any advice more than welcome.....

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You need to change you approach.

Go for their underhanded tactics, constant calls, etc. As well as their inability to prove that they have the legal right to collect on this debt.

Be VERY careful whose advice you listen too

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Quite so. But what I don't understand is that both TS and FOS are saying that I need to refer back to Barclays as they pursue the original debt. I understood that since the debt has been sold onto RMA and they have not produced the original Credit Agreement within the time allowed, the debt is now unenforceable and that's that. Forgive me if I'm being slow and/or confused but what is the point of the CCA request and associated time allowances if it can all just be referred back?

 

I suppose what I need to know is 1) Can they refer back to Barclays? 2) What happens if Barclays produce a Credit Agreement and 3) What happens if they cannot? 4) Where do I stand re Court in this situation?

 

I'm getting a bit worried about this now since what seemed straightforward doesn't really seem that way any more. I am also worried because I've had to come off my medication for bipolar as I've just fallen pregnant and really need minimum stress right now. If anyone could help me clarify my situation I would be more than grateful. Thanks all.

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Hi Katie

Take a deep breath and one step at a time approach, RMA may have committed an offence under the CCA Act ,if they are pestering you night and day I would advise you try Curly Bens approach complain to T/S and OFT etc but it is still advisable to try and get this agreement from Barclays as if they do come up the agreement you would have to see if this agreement complies to the CCA 1974 requirements.

Hope this helps (I always request from the Original Creditor and the DCA) as sometimes confusion is one of their best tactics as I am finding out at the moment.

Hope this helps

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  • 6 months later...

I've not heard from RMA for quite some time now but have just received a letter from Moorcroft regarding the debt to Barclays. Can one DCA pass a file onto another? Have they sold it on again? Does anyone have a similar experience?

 

The debt is now around £2k bigger than when I last heard from RMA - what's the deal here? Moorcroft have started phoning me regularly and leaving messages, I've not actually spoken to them yet (what's the point?!)

 

Anyway, I've requested my Credit Agreement again from Moorcroft and will wait to see what happens...

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If a creditor is already in default of a CCA request, there is no need to send another - just let the latest DCA know that their client is in criminal default and so not entitled to demand payment or enforce the agreement.

 

The original creditor is supposed inform you when passing an account to a 'new' DCA (OFT Guidance refers), but most don't bother.

 

As far as the charges are concerned, the OFT guidance requires a DCA to provide a statement of account on demand (free of charge). The OFT has strict rules about charges for debt collection, if that's what this turns out to be.

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Thanks very much for your reply.

 

I've not actually sent a Request to Barclays (the original creditor) only to RMA, who I'd been dealing with for the past 4 years or so when Barclays got them involved. RMA could not produce the Agreement and now things seem to have been passed onto Moorcroft.

 

Is there any way I can find out what's happened? I'm assuming RMA have passed back to Barclays who've reissued the original debt to Moorcroft. (Any monies I've paid to RMA seem to have been added back on.) Certainly no one has informed me of what has occurred. No surprise there!

 

Any advice very welcome....

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As you've already CCA'd RMA moorcroft CANNOT chase you for this alledged debt. The account is in dispute and awaiting compliance of your CCA request. Report them to Trading Standards ASAP. Here's the link:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

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