RMA/Solicitors

[ManaP0r]

Thank God found this place,

 

I was a student at the time when Barclays policy semeed to be to give more and more overdraught. I ended up £3000 and not ina position to pay it back.

 

Eventually this got passed to RMA, who after a barrage of calls finally agreed to a £60 a month payment made to them on behalf of a family member....eventually they called a few months later and asked for an increase in payment. Which went up to £90 a month from same family member.

 

Obviously there is a default by my name now, however when i checked it was in RED which states a non-compliance. But i have been paying RMA. The debt is down to £2000 now... The last two months i was not able to make a payment... I recieved no letter or calls... hoping to raise the funds I tried contacting them today.

 

They said the debt had been sent to their solicitors and refused to discuss any arrangement except for settling the debt.

 

1) If i have been paying RMA on a regular basis for over a year why is the default RED and not WHITE which shows some form of arrangmenet has been made?

 

2) Can they refuse an arrangment and take me to court for full amount plus legal fees?

 

3) After calling them back they said they would settle for 3 equal payments to clear the debt, which is still out of my league.

 

I need my default to show my compliance as I now need a bank account and cannot open one while the default is red.

 

Please any advice on what i should do and how i should deal with the situation?

 

Thank you kindly

 

ManaP0r

[Ginger66]

Hi there,i was in a similar situation with RMA.Paying them regular then found out they were adding interest to my account without my knowledge.To halt any action by them you need to send the CCA request.The account is then in dispute.

 

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

Keep in touch

[dx100uk]

very good advice

i would also NOT discuss anything further on the phone

add a line to the CCA request stating that you want all further comms concerning the debt in writing only.

 

as for the court bit, remember they are only a DCA, they have NO legal powers.

if as you state you have been making regular payments, then the judge will laugh it out of court if they did.

it will do you a power of good to read as may threads here as you can

 

you are not alone and we are all here to help you.

 

i am also not happy that they might have 'suggested' you get a relation to pay your debts.

i am sure that is against rules somewhere..

 

dx100uk

[Curlyben]

RMA/NCO tend to ignore everything you say or write to them.

Make sure you document EVERYTHING that happens with these "people".

I was having serious problems with them, with upto 5 calls a day, even after TWO "don't call" letters !

NEVER talk to these "people" on the phone, EVER !!!

 

When they default on your CCA (after 12+2 and One month) and start demanding money again then report them to Trading Standards.

I have found TS a joy to work with.

Very helpful and completely non-judgemental.

[Monty2007]

I also had poblems with RMA Resolve (part of NCO Europe) who are used as DCA's for many banks, I defaulted on two Amex cards and now Amex will not answer ANY of my letters - they say I should only deal with RMA. By the way RMA are NOT solicitors, I am quite sure about this but you may wish to check the register.

 

RMA started to call me twice a day and having paid them £800 per month they still called for updates on my financial circmstances, they demand detailed income and outgoings so they can decide how much I should pay.

 

Eventually I managed to get hold of someone senior and told them that the conversation was being recorded and that if they phoned me again I would commit suicide and ensure that they and Amex were cited as the reason, I also had all their letters and dates/times/recordings of all their calls. It would not look good. When I got my data and transcripts from them they had also noted all of this so have played ball since. It was a bit extreme but has worked. If they called again I intend to tell them to FO and die, I am sick of these people, let them take me to court, I am paying them and still paying componded interest that Amex keep increasing.

 

I have just sent off a bunch off letters since they have not supplied my CCA. I am told by Amex and RMA they my debt is still with Amex and RMA are merely adminsitering the payments and are "a free service provided by Amex" to help customers. What a load of crap