Payment being made but DCA won't stop

[alfwithhair]

I told you this outfit was a joke.

I have give over bothering about them now, when they ring I answer and let them get as far as "can I speak to" NO, and hang up. They are just a bunch of numpties.

Don't worry about them sending the bailiffs in, they can't do that without a court order and one of them will not be forthcoming with no properly exicuted agreement.

I know they are a pain in the arse, but you just have to learn to live with it. I have reported them to just about everybody, but they still ignore everything. But what can you do.

Just take in on the chin, they can do nothing, they are all puff and wind.

[Shanks]

Thanks for the comments and help, I have drafted this as a response and wondered what you thought of it - am I wasting paper?

 

To RMA/NCO

 

Further to your recent letter. On the 9th September 2007 I made a formal request under Sec 77-79 of the Consumer Credit Act for a true copy of the Consumer Credit Agreement relating to this account. As you will be aware the Act allows 12 days for such request to be complied with before an account becomes legally unenforceable. After a further 30 days the creditor has committed an offence. This offence can be reported to the Trading Standards Authority or the FSA.

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

On the 2nd October Barclaycard sent me a copy of an application form, this does not constitute a consumer credit agreement under this act and does not contain the prescribed terms as required in order to be enforceable.

 

Your letter states that "You will have no hesitation in referring this back to Barclaycard" Given the above facts I suggest that you do refer this matter back to Barclaycard along with a copy of this letter for their information.

 

I have instructed HL to cease any further payments to you in respect of this debt and I will not enter into any further communication with you relating to this matter.

 

Should you continue to attempt to contact me I will send copies of all relevant correspondance with a full log of the numerous telephone calls you have made and a formal complaint to Trading Standards and the FSA advising them that you are demanding payment on an unenforceable debt and causing considerable harassment.

 

Yours

My hope is that they will pass it back to B'card and we can then deal directly with them and finally settle the matter quickly and easily. I sure RMA won't do that unless I send a letter like this so are they really that stupid that they will continue to try and chase it up now?

[Shanks]

Ok, well going from some of the previous posts I guess I shouldn't have been surprised at the next stage in this saga. But even I was taken aback when I got a copy of the next missive to arrive from this shower. Despite all the earlier correspondance this arrived yesterday...

 

 

Shall I just bundle the whole lot together and pass it to the TS? The people I helping with this for would be happy to negotiate a F&F with B/card direct but are absolutely determined (particularly now) that RMA should not benefit in any way. I think that is a pretty fair view tbh.

 

As a point of interest they are still calling them almost daily on their mobiles

[ScarletPimpernel]

Shall I just bundle the whole lot together and pass it to the TS?

 

Yes. I'd also make a formal complaint to NCO/RMA, so that you can then escalate it to FOS. Don't expect an answer anytime soon - some waste of skin at RMA has acknowledged my complaint over a month after they signed for it (because it has apparently 'just been passed' to him).

 

Why not write for the list of partners of Westminsters (as on the bottom of the letter), and report the whole gang to the OSS - they shouldn't be threatening legal action when they know it cannot succeed.

[alfwithhair]

Ok, well going from some of the previous posts I guess I shouldn't have been surprised at the next stage in this saga. But even I was taken aback when I got a copy of the next missive to arrive from this shower. Despite all the earlier correspondance this arrived yesterday...

 

 

Shall I just bundle the whole lot together and pass it to the TS? The people I helping with this for would be happy to negotiate a F&F with B/card direct but are absolutely determined (particularly now) that RMA should not benefit in any way. I think that is a pretty fair view tbh.

 

As a point of interest they are still calling them almost daily on their mobiles

 

I had exactly the same letter and the pay up or else date is exactly the same. I think they are just reeled off to anybody on their list. I sent them a show your hand or sod off letter, but heard nothing from NCO or RMA since, not even a phone call or a voice text.

 

Maybe they have decided to listen for a change.

[Allwood]

If I were you I would check if this is really are solicitors as I have had letter from 'a' solicitors and after sending them a recorded letter they did not exist. So be very careful, it could be a ploy by DCA.:o

[Curlyben]

RMA/NCO are a complete joke.

Yes pass all your information to Trading Standards and get them to deal with it. Use the address in my post #21

 

For Westminister's here's a letter:

 

 

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : XXXX

 

I refer to your letter of xx/xx/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

 

They will most likely ignore this, but, as Tesco's says, Every Little Helps.

[alibobsy]

Just subscribing as am at a simular stage with barclaycard/RMA except Barclaycard couldn't even produce an application form let alone an agreement. I'm going to send a letter direct to Barclays to reclaim the charges and what I believe was misssold PPI plus interest which should clear the vast majority if not all the balance. If there is any balance left I may offer Barclaycard directly a "goodwill gesture" f&f. RMA still refer to the account as being owned by barclaycard so I don't think they buy the debt, so it may be worth sending a f & f to barclays but make sure you reclaim any charges first.

Good luck

ali x

[alibobsy]

BTW this letter still says we "may" issue court proceedings, the "may" being the most missused and missleading term these DCA's use. Along side the other old chestnut "pre-litagation" department. Every dept is pre-litagation until a court claim is made lol. Defo report them to TS, I am preparing my complaint now. If you fancy a laugh read about my run in on the doorstep with a RMA "collector" under my hormonal women thread.

Good luck

ali x

[Shanks]

Thanks for all the comments and advice, and especially for the suggested letter CurlyBen that goves me a bit more resolve

 

After a bit of digging I found this It's a small world isn't it

 

 

Old Docks House is the registered office address of RMA/NCO, perhaps this is just a huge co-incidence.

 

I wasn't surpised to note that they are not members of the SRA accreditation scheme , nor do they have Lexcel accreditation. Mind you I don't think it would be worth them applying as this is what they would need to demonstrate

 

The Lexcel practice management standard is only awarded to solicitors who meet the high management and customer care standards. Lexcel accredited practices undergo rigorous independent assessment every year to ensure they meet required standards of excellence in areas such as client care, case management and risk management.

Cheers

[Allwood]

DCA are really scumbags, they do not want to spend money unless they have a winnable case and if they had that case then they would go to court and would not harass people like they do. Why do they spend money on phone calls and letters trying to get people to pay if they had concrete proof that the debt is really owned to them?

[Shanks]

I've used your letter as a base CurlyBen thank you, how does the following sound as a response?

 

I refer to your letter of ****.

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by RMA on ******. I can only assume therefore that they failed to inform you.

 

I note that you have a registered office based at the same address as that of RMA at Old Docks House, Preston. Given this location I would respectfully suggest that it is not beyond your capabilities to verify this fact.

Should you or RMA now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by RMA under The Consumer Credit Act, 1974, as well as their non-compliance with and total disregard for the law on this occasion.

 

I am copying this and all related correspondence to the Trading Standards Service today and have been advised to make a formal complaint to the Legal Complaints Service if I do not receive a satisfactory response from you with 7 days.

 

I look forward to your comments.

 

As ever any comments or advice are very greatfully received.

 

Cheers

[Curlyben]

Nice I like it

[Shanks]

Thanks Curlyben, it's in the post now - let's see what they come back with now

 

Cheers

[alfwithhair]

Thanks for all the comments and advice, and especially for the suggested letter CurlyBen that goves me a bit more resolve

 

After a bit of digging I found this It's a small world isn't it

 

 

Old Docks House is the registered office address of RMA/NCO, perhaps this is just a huge co-incidence.

 

I wasn't surpised to note that they are not members of the SRA accreditation scheme , nor do they have Lexcel accreditation. Mind you I don't think it would be worth them applying as this is what they would need to demonstrate

 

Cheers

 

Mmm, interesting they have a branch office in RMA's offices. Well I wrote to them at their Kington upon Thames address last week, so will see if they reply with anything of interest.