HELP! Being harassed by RMA! over Amex debt

[breakanegg]

Hi Peeps,

 

i am being harassed by RMA for my AMEX Credit Card. I have been unable to make payments to Amex but have gone through all the proper procedure of writing to them with a statement of my finances claiming financial hardship and even met with Moneyadvice peoploe at my local council who are writing to all creditors, including Amex.

 

I've also complained to FoS for unfair interest rate increases whilst suffering financial hardship and also for charges.

 

The problem is that despite this they appear to have sold the debt to a DCA called RMA who will now not leave me alone and are calling my mobile, landline and have so far written 8 threatening letters.

 

I now ignore their calls because talking to them is uselss, they are abusive, unhelpful and downright rude. They also appear to have added to the debt without giving details. I owed Amex approx £11K, but RMA are saying I owe them £12.5K. They say that I now owe them the money.

 

Can someone please advise if this is correct? Can Amex sell a disputed debt and can this company add to that debt even though whatever charges they are applying will not be in my credit agreement since it isn't even with them?

 

Any advice on what action to take would be much appreciated.

[cerberusalert]

Unless your original agreement stipulates that they can add charges then the can't.

 

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12 working days from receipt, or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, 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 that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Print in red optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[breakanegg]

Unless your original agreement stipulates that they can add charges then the can't.

 

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12 working days

 

thank you, I'll do that right away Can I ask a stupid question first? Is it RMA I send the CCA Request to or AMEX?

[Hardupnotfedup]

Rma

[PGH7447]

and send amex a sar for all statements see whatthey have added in payment charges etc so you can claim them back, also did you have ppi

[breakanegg]

and send amex a sar for all statements see whatthey have added in payment charges etc so you can claim them back, also did you have ppi

 

No ppi, I sent Amex a subject access request a few months ago before I raised my complaint with the FoS. I never received it and I was down £10 which I can't afford, I've been made redundant and am living on £64 a week and with a mortgage of £600 and all my other bills..... I simply don't have a penny.

 

I complained to ICO that they didn't send the SAR but they said that they did, wasn't sent recorded or anything but they told ICO they sent it and nothing further happened.

 

I can't afford to keep sending them £10 just so they don't bother complying particularly when the ICO take no action to enforce it

 

There is a complaint in with FoS, for increasing interest rates and for charges so hopefully they will do something about it?

 

I have 6 creditors and to issue SARs to them all would be £60, that I just simply don't have. I can't pay my mortgage.

[harrassed senior]

Have you gone down the CCA route with those that it applies to?

 

Personally I would send a Recorded Delivery letter to Amex along the lines of I have NOT received the SAR please supply either a Receipt confirming postage, or a further copy by Registered Post. Until I receive this I will not be corresponding with you, and this will form part of my defence should you escalate to Court Proceedings.

[PGH7447]

so the account is in dispute, tell them that nothing arrived and that until the sar is honoured by reciept of information this account is now in dispute and they can whistle,

[cashins]

The problem is that despite this they appear to have sold the debt to a DCA called RMA who will now not leave me alone and are calling my mobile, landline and have so far written 8 threatening letters.

 

 

It's unlikely RMA (NCO Europe Ltd), have bought the debt, they usually just act as agents.

 

david

[breakanegg]

so the account is in dispute, tell them that nothing arrived and that until the sar is honoured by reciept of information this account is now in dispute and they can whistle,

 

really appreciate the help guys I'm clueless about this whole debt business and so the guidance is really helping.

 

So I've got my Postal Order but I'm thinking I shouldn't send it at this point because the account is in dispute and what I should do is write a letter to RMA saying this debt is in dispute with Amex and should never have been passed to them so go whistle?

 

I've been in dispute with Amex about charges and interest hikes for months. In November they responded to my letter about financial hardship (that included the budget spreadsheet from this website) and the letter said:

 

"Thank you for advising us of the financial difficulties that you are currently experiencing. By providing a record of your finances, which has been passed to the financial difficulties department, you have taken the first steps to resolving the problems you are having with the outstanding balance of your AMEX Card.

 

We pride ourselves blah blah and have formed a specialist programme - R£gain - a free service to help you assess and organise your finances to help you meet your committments.

 

If accepted we will refer your account to our partner company RMA, who operate R£gain on our behalf. RMA will handle your case competently and sympathetically to help you find a tailored solution to your current financial situation taking into account your total indebtedness, not just to American Express".

 

This must be what they've done, passed to RMA but would I be right in thinking they should not have done this because they are a DCA and the account is in dispute? Also passing onto a DCA who add charges to the debt (without explanation and certainly not FREE as stated in their letter) is not really in line with the requirements of Section 9 of the Lending Code.

 

I then received a letter from RMA saying :

 

"We have been instructed by our client, American Express, to collect the full overdue balance as shown above.

 

Your Account has been cancelled, therefore the full payment should be posted immediately to :

 

RMA

PO Box 175

Preston

PR2 1GN"

 

I've since received a further two letters which have become increasingly threatening. However since Amex's letter in November I have written to them 3 times with no response.

 

What you folks think? The complaint has now been passed to an Adjudicator at FoS so hopefully will get some movement on their shenanigans. Should I just send the "this debt is in dispute and shouldn't have been passed to you, go whistle" letter to RMA?

 

They're persistent, rang 3 times last night and so far (it's 5.30pm) rang twice tonight.

[breakanegg]

Its not for them to say what they will accept.

Its for you to say what amount they will get.

 

The good news is the Moneyadvisor at local council trading standards wrote to all banks, including AMEX and offered £1 month till get another job. 3 have accepted so far but nothing from Amex yet.

 

If they dont stop harrassing you then report them to all the authorities.

 

I've used the OFT complaint form for unfair debt collection practices a few times now, they don't seem to accept this form from joe public. Anyone had any success with that? Is it a worthwhile thing to do you think?

 

I'm including cerberusalert's bits about harassment in my letter to RMA, if they continue to call after that I'll be complaining to all authorities I've already sent copy of letters from RMA and details of their calls to the FoS and asked that they take it into consideration when investigating my complaint against Amex as further evidence of their disregard for OFT guidelines and Lending Code.

[seklof]

hi there

im just jumping in here as i have a very similar case like you breakanegg

i would suggest you also go for legal aid

they can help you with your mortgage arrears and maybe more

see my link

rma ltd

[harrassed senior]

The OFT can be very slow, up to 6 - 9 months. Have the OFT written to you with a letter for you to sign authorising them to use your information?

 

The do not act on individual cases, but wait until they have a certain number of similar complaints about the one company and then act.

[cashins]

So I've got my Postal Order but I'm thinking I shouldn't send it at this point because the account is in dispute and what I should do is write a letter to RMA saying this debt is in dispute with Amex and should never have been passed to them so go whistle?

 

CCA Rma, (as per post #2), that will produce a letter that says they are contacting Amex for a copy and shut them up for a bit.

 

How old is the Amex agreement?

 

David

[palomino]

In my experience RMA is all mouth and no trousers. Lots of abuse, cod-legal bulldust etc. but they don't actually do anything.

 

I would just ignore them.

[citizenB]

No ppi, I sent Amex a subject access request a few months ago before I raised my complaint with the FoS. I never received it and I was down £10 which I can't afford, I've been made redundant and am living on £64 a week and with a mortgage of £600 and all my other bills..... I simply don't have a penny.

 

I complained to ICO that they didn't send the SAR but they said that they did, wasn't sent recorded or anything but they told ICO they sent it and nothing further happened.

 

I can't afford to keep sending them £10 just so they don't bother complying particularly when the ICO take no action to enforce it

 

There is a complaint in with FoS, for increasing interest rates and for charges so hopefully they will do something about it?

 

I have 6 creditors and to issue SARs to them all would be £60, that I just simply don't have. I can't pay my mortgage.

 

 

Did you send the Subject Access Request by a tracked mail service ie Recorded or Special Delivery ? If so, go the RM Website and print off the signed receipt.

 

Postal Order, telephone 01246 542091. You will need the receipt you got from the Post office for this, ask if it has been cashed and on what date.

 

Ask the post office to confirm this in writing for you. They are very helpful and will have been receiving quite a lot of requests methinks.

 

Then you need to write back to the original creditor and advise them that despite their assurances to the Inforamation commissioner, you have NOT received this information and unless they can a) prove that it was sent and b) prove that it was received. You want it sending again.

 

I would then be inclined to go back to the Information Commissioner and ask for your complaint to be reopened. Use the reference number they allocated to the original complaint.