Payment being made but DCA won't stop

[Shanks]

Hi all, some members of my family were in financial trouble a while ago. But they faced up to it and made a debt consolidation arrangment with a company Hamilton Locke. Since then payments have been made regularly to HL and all the creditors are being paid off according to the agreed shedule.

 

But they are still recieving threatening letters and constant phone calls from a DCA in respect of a debt owed to Barclaycard. the debt was included in the consolidation arrangments and is being paid off, this has been confirmed by HL. We spoke to HL about it and they just said, "oh that lot, yeah they are nasty. Just ignore them and send any letter on to us"

 

The problem is they don't write they just keep phoning. I have drafted the letter below (shamelessly lifted in parts from posts on this site!) in an attempt to stop this. Is there anything else I should do? or do you have any comments about the contents of the letter. I am particularly interested to know if the OFCOM bit is correct as they have no land line so the DCA calls thier mobile number. Does OFCOM cover all telephone communications?

 

Thanks for any help offered.

 

Dear Sir/Madam

Re: Ref - ******

Despite my many requests that you do not contact me concerning this debt, you continue to send letters and frequently telephone me in an attempt to receive payment.

This debt is being dealt with by the debt management company Hamilton Locke. Payments are regularly being made to Barclaycard and they are satisfied with the arrangements that are in place.

I advise you contact Barclaycard direct who will confirm this.

Harassment Warning:

Warning: Protection form Harassment Act 1997

Warning; Administration of Justice Act 1970, s40

Warning: Communications Act 2003 s.127

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning you may be liable to a substantial fine.

Should you wish to continue attempted recovery of this alleged debt can I suggest you proceed straight to court action? I will defend any such action vigorously and will provide documented evidence that agreement has been reached with Barclaycard and that payments are regularly being made to settle this debt.

Please confirm in writing yourresponse to this letter.

[detectall]

OFCOM covers mobile phone numbers

Home page | Ofcom

 

 

Send the letter, as a warning shot.

 

Add that a log of all calls will be kept and all calls to the number will be recorded in the future. All future correspondance must be in writing regarding this matter.

[pmhcfc]

Hi all, some members of my family were in financial trouble a while ago. But they faced up to it and made a debt consolidation arrangment with a company Hamilton Locke. Since then payments have been made regularly to HL and all the creditors are being paid off according to the agreed shedule.

 

But they are still recieving threatening letters and constant phone calls from a DCA in respect of a debt owed to Barclaycard. the debt was included in the consolidation arrangments and is being paid off, this has been confirmed by HL. We spoke to HL about it and they just said, "oh that lot, yeah they are nasty. Just ignore them and send any letter on to us"

 

Thanks for any help offered.

 

 

If I'm being honest, and I always am with any help I give out on this site, I think you should be more worried about HL than anything else. Not entirely sure they can be trusted at all.

 

Besides, with the help of this site, you could easily do everything for yourself re repaying- which would include perhaps having some of the debts written off. It really is so easy to do..

 

Before you rush into blaming anyone else, HL are perhaps the one's you should be worrying about first.

 

By the way - that DCA wouldn't happen to be Cabot would it ?

[sequenci]

Why are they using a fee-charging firm like HL when there are FREE DMP firms available?

 

It is SERIOUSLY worth moving to a free one! Think of the savings! Also creditors MUCH prefer the free firms also!

[Shanks]

Hi all and thanks for the responses

 

I share all the concerns about using a fee charging company like HL, it was my first reaction when they approached me for help this weekend over a couple of matters. I had planned talking to them about asking the National Debt Helpline to see if they could take over the account or refer them to a 'no-fee' company who could help. The way HL have 'helped' in this matter imo is appalling. But I wanted to get this urgent matter dealt with first and stop the phone calls. Then we can sit down and plan the best course of action for them to go forward - no doubt with some help from this site.

 

The DCA concerned is a company called RMA based in Preston. I am surprised they're not mentioned on here more. They have no postal address on their letters and when I called them to ask what it was two people hung up on me before a third finally agreed to give the information. I only asked for the postal address... unbelievable.

 

Cheers

[pmhcfc]

Hi all and thanks for the responses

 

The DCA concerned is a company called RMA based in Preston. I am surprised they're not mentioned on here more. They have no postal address on their letters and when I called them to ask what it was two people hung up on me before a third finally agreed to give the information. I only asked the the postal address... unbelievable.

 

Cheers

 

RMA don't exist anymore as a company, that's why. RMA is actually NCO Europe - and NCO are one of the worst DCA's to deal with.

[Shanks]

Thanks pmhcfc,

 

The last letter I have is dated 2nd August 2007 and is on RMA headed paper. Is this legal or does it give me any additional grounds to argue with them as they are communicating using a non existant company's name?

 

Cheers

[pmhcfc]

Thanks pmhcfc,

 

The last letter I have is dated 2nd August 2007 and is on RMA headed paper. Is this legal or does it give me any additional grounds to argue with them as they are communicating using a non existant company's name?

 

Cheers

 

I'd remembered reading about RMA and NCO once before- I've had a look around and found the thread for you. Click on the below link for a read - the first page is very helpful for you.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/44578-rma-nco-debt-collectors.html

[renegotiation]

Don't forget you just advise them to change their mobile number if it doesn't pose them too many problems.

[Shanks]

Well, they sent the above letter and yet the phone calls are continuing, usually one or two every day. They currently just ignore them but we are trying to sort out some recording equipment for the mobiles and then we may start to accept the calls and record our request for written communication only.

 

In addition to the calls RMA have also sent a letter saying that "they have a propsal for us" and that we should call them right away.

 

I'm at a bit of a loss to know how to get rid of these RMA jokers. My family does not dispute the debt, but they already have a repayment shedule agreed with a dma and all the payments are being met. The dma is offering no help at all.

 

Would a CCA request help in this case does anyone think? tia for any suggestions, cheers

[Curlyben]

RMA will ignore any letters you send them as they "claim" to only work on the phone.

Now I'd get BT's choose to refuse service and block their numbers, or even better follow the harassment route with BT and have you number changed.

I had problems with RMA/NCO and ended up changing my number, after 5+calls a day.

I reported them to Trading Standards, who where excellent, but where completely ignored by RMA/NCO.

 

These "people" don't deserve your respect or money.

[Shanks]

Thanks Curlyben, from reading through some of the RMA threads on here it would seem you are right about their track record for ignoring letters etc. Perhaps a letter direct to b/card may do the trick.

 

Cheers

[Curlyben]

Shanks, sorry to say, but B'card like to answer letters about as much as RMA.

Seriously save you time and effort and block 'em or change your number.

[alfwithhair]

Hi Shanks,

 

You are not alone with these RMA idiots.

 

I to have had a RMA headed letter dated 20/08/07 and the same "we have a proposal, ring asap" dated 21/08/07. These again stem off a Barclaycard debt.

 

They are fairly busy considering they don't exist anymore as a company.

 

They are both as equaly useless and will answer nothing you ask and totally ignore OFT, TS, OFTEL and any body else that tries to get in their way of your money.

[Shanks]

Thanks for all the responses It is incredilble that this company can be so arrogant. They only have mobiles which is what RMA are callng them on and the phone company have said they cannot block calls in the way BT Does.

 

I think I will still go down the CCA route because at least if it turns out to be an unenforceable debt, we can then make an arrangment direct with B/Card. Hopefully then they wil be forced to call off this bunch of *****

 

Cheers

[Shanks]

I've just checked with my family and the cc was taken out in 2004 so it is very likely that a correct and signed cca will be available, so I cannot see much point now in taking that route.

 

I have asked them to contact their mobile phone suppliers again to see if there is anything they can do about blocking and or changing numbers for them, but I'm not too hopeful.

 

Will RMA ever give up?

[clutchingatstraws]

In my opinion it is always worth asking for the CCA just in case they cannot supply one.

[alibobsy]

Some catalogue companies and credit cards didn't issue proper agreements even very recently. Alot try to get away with just an application form. Defo worth a CCA request.

We have a card from prior 2004 that could produce a valid agreement and one after 2004 that couldn't.

Good Luck

ali x

[Shanks]

Hi and thanks for the posts. I will go back and complete a cca request. If nothing else it may stop them for a while.

 

Is it worth putting the "We do not accknoweldge a debt to your company" disclaimer at the top, I see the templete letter in this section http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html ('N' i think does not include it ). Whilst we certainly admit a debt is owed we are sure it is nothing to do with RMA.

 

Thanks again,

[Shanks]

Ok an update on this thread at last The phone calls have continued without a break. Daily calls now being made to both their mobile numbers despite all the insisting that only written communication will be dealt with. They now told them to refuse to answer the security questions and hang up. Despite this good old RMA continue to call :rolleyes: Still it's their phone bill and it now looks like they won't be getting anything anyway

 

We did send them a CCA request and Barclaycard have now sent us a copy of the original application form back! see below hopefully

 

 

Their accompanying letter states

Please find enclosed a copy of the original application form as requested.

I am fairly certain that this does not constitute a 'proper' CCA agreement but would be very grateful if someone could confirm this for me.

 

They also received a further letter from RMA threatening all sorts such as

This is your final opportunity to resolve this matter voluntarily

and

We will have no hesitation in referring this debt back to Barclaycard and wil recommend immediate enforcement action is taken against you... this could well necessitate the appointment of bailiffs against you.

If the above document is not a true CCA copy as requested, can I simply write back asking RMA to refer the matter back to Barclaycard as they have suggested, informing them that the debt is not enforcable until the correct documents have been provided. Then contact B'card and suggest that we come to some arrangment if they promise to get RMA off our backs.

 

Even if the debt is truly unenforceable we would be prepared to settle with an agreed f+f figure as long as RMA go away and don't get a penny.

 

tia for any suggestions or advice, cheers

[Curlyben]

*ROFLMAO*

Now that's a good joke.

Not only is it barely readable, but it contain NO prescribed terms and is COMPLETELY UNENFORCEABLE.

 

Yet another RMA turkey

 

It's time to pass all of this to Trading Standards for action as RMA are demanding payment on an unenforceable debt and causing you considerable harassment into the bargain.

 

The person you need to contact is:

 

Steven Brimble,

Lead Officer,

Lancashire County Council,

58-60 Guildhall Buildings,

Preston,

PR1 3NU

[Goldlady]

it is not even debatable as far as I can see - that is not a valid CCA if that is all they have sent. These people who are harassing your family are obviously immune to everything including the law of this country. Whilst it would be a hassle I think the best thing they can do is get new sim cards. It almost sounds like they are getting some sort of kick out of hounding them.

[Curlyben]

I ended up changing my home number after my run in with RMA and NCO.

They just wouldn't take Bog Off for an answer.

I contacted TS as well, but they ignored them !!!!

So they are well know in Preston

[Shanks]

Curlyben, Thank you so much you do not know how much that is going to please my family.

 

As the current payments are being made to RMA through HL (the DMA) can we now instruct them to simply move this amount to one of the other creditors and stop all future payments to RMA with immediate effect?

 

Thanks Goldlady it is amazing that they are calling at this rate, but it sounds like it won't be for much longer now.

 

Thank you CAG

[Shanks]

OK Curlyben, from your last it may mean we have to change the sims but it will all be worth it, knowing the RMA have shot themselves in the foot again.