RMA/NCO advice please

[shopkeeper12]

Hello everyone, just wondering if you could please offer some advice, my parents had a barclaycard which then defaulted and the debt sold on to Rma,

mum has been paying the £15.00 per week off the original balance which was £8011.22 ,in dec 2009, just prior to christmas 2010 a letter came from westminster solicitors and the balance was £8363.46, so it seemed no payments were taken off and the balance had risen, and in addition barclaycard had also refunded charges for the account totalling £1106.95 which were supposed to of been taken off, and hadn't been , so i wrote and queried what they were playing at...

 

They have now sent a letter saying they never agreed to a replayment plan as they haven't been able to get in contact with them and need to arrange a plan, and that the account balance is now £7409.80, because they have added on £1060.53 interest!!!!!

 

I also asked that they provide a form so that i my parents can give me their permission to deal with this, no mention of that in their letter! it has only taken them a month to respond to my previous letter....

 

I am going to send a cca request on monday, but i just wondered what i else i can do, as i didn't think they could just randomly apply interest whenever they felt like it, no other letter have mentioned this previously, seems a bit strange that they had to take off the repayment of charges and then interest suddenly appears!!!!!. when at the end of last years the balance according to them was £8383.46

 

Any thoughts please...... many thanks

[FORMISTER]

interest

can only be added after default provided that there is a specific term to do so in the original contract. If not it falls clearly within the OFT's debt collection

guidelines regarding collection costs...

 

So, the answer is NO.

 

They can charge what they want but doesn't mean they can enforce it.

 

Ignore their requests until you get your CCA back and then we can pick the bones out of it

[Bazooka Boo]

Has this account been terminated?

[FORMISTER]

Yes, sorry I was presuming that it had with my post

[shopkeeper12]

I thought any charges etc would be added when the account first went to Rma not suddenly show up after 14 months.. It seems that being as I pointed out the charges repayment needed taking off they have just added 'interest' on in place of... We will not be paying it!!!

[FORMISTER]

Lots of DCA's add these charges and then offer you a discount on your debt for a final settlement. The discount usually covers all the illegal charges that should of never been on your account in the first place

[Bazooka Boo]

Yes, sorry I was presuming that it had with my post

 

Yes FM, didn't mean to confuse matters, it was simply a passing judgement, sorry.

 

But as I understand it once an account has been terminated, then that agreement no longer exists, ie, they can no longer add interest or charges as they have effectively stopped the agreement you had with them, therefore you are only liable for the amount they say you have defaulted on, or the outstanding balance, dependant of course on their conduct of the processing of the account.

[FORMISTER]

Yes totally agree BB, unless a specific term exists within the origional agreement allowing it, which it won't

[shopkeeper12]

thanks everyone, thats what i thought... they are just laughable, obviously think we don't keep their letters etc!!! and that we are dumb enough to just pay an extra £1000 without thinking about it!!! Cca tomm then!

[FORMISTER]

Remember to keep proof of postage for your CCA and make it clear that the £1 postal order is for the stat fee for it and not to be used for anything else (ie credit against the account).

 

If not advised already, keep a file of everything, including the envelopes which you receive back and date them of when received. Keep a log of phone calls as well. DCA's can play dirty, but if you keep your house in order then you are up for the challenge

[tim40]

hi can anyone help me further with barclaycard, i enjoy reading the threads they make me laugh !!

to cut a long story short did a CCA to barclays got nothing back its now been 6 months ,been harassed by MERCERS , BARCLAYCARDS IN HOUSE TEAM , now we have recieved a letter from a firm called POWER 2 CONTACT based in CREWE , has anyone in the forum heard of these TOILET BUGS ? they reckon they will send a contact manager to conduct a pre legal visit, which sounds nice ! any advice would be great,

keep up the good work its nice to know that i am not alone !

[victoria_siempre]

Hi Tim

 

Powerless are just doorsteppers for hire and nothing to worry about; if they visit tell em to go away. You'll get Calders next followed by a DCA agent. See http://www.consumeractiongroup.co.uk/forum/showthread.php?292067-A-curious-quickie&highlight=victoria_siempre for a bit of flavour.

 

x

 

v

[FORMISTER]

hi can anyone help me further with barclaycard, i enjoy reading the threads they make me laugh !!

to cut a long story short did a CCA to barclays got nothing back its now been 6 months ,been harassed by MERCERS , BARCLAYCARDS IN HOUSE TEAM , now we have recieved a letter from a firm called POWER 2 CONTACT based in CREWE , has anyone in the forum heard of these TOILET BUGS ? they reckon they will send a contact manager to conduct a pre legal visit, which sounds nice ! any advice would be great,

keep up the good work its nice to know that i am not alone !

 

Hi Tim, send them the template letter from the Library http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

 

Or hand it to them if they come round. They have no legal power and visiting your house is by your invitation only

[shopkeeper12]

Still heard nothing from RMA regarding the cca request it is now 21days, there are still calling twice a day even after the harressment letter, they did however send a settelement figure of £3500 against the debt which still includes there charges added on. after 18 months!!!

[FORMISTER]

Hi mate, just a quick question, was the Barclaycard charges refunded against the account before or after the account was sold? if after then they had no right to credit it against the account as they sold the debt. Sorry to ask but it's not clear in your initial post

[FORMISTER]

Also I think we missed asking some basic questions like did you receive a notice of assignment etc

[shopkeeper12]

It was after the account was passed on to Rma... That barckaycard refunded the charges... Then when I questioned why the balance showing didn't show this rma said they had removed the amount but had thenadded there own charges ... After 14 months of having the account... No notice if assignment... This is my parents account and they have all paperwork...

[FORMISTER]

You said that it was sold to RMA, do you have conformation of this?

[shopkeeper12]

No ... Just what rma have written and told my mother verbally ....

[FORMISTER]

My point being that if this has definetly been sold to RMA and the charges were refunded to the account after it was sold, then this is incorrect. Your parents should of received the money. Barclays sold the debt so they cannot credit your reclaim charges to the account as they do not own it, your parents did not owe barclaycard any money at that time so they should of received the reclaimed amount.

 

If RMA do not own the account then BC can credit your reclaim against their account.

 

And it is suspicious by the absence of the account not being credited with the refund

[shopkeeper12]

Is it still barclaycard then pulling the strings... And rma just collecting the debt if so why would they offer such a huge discount ??? No CCA maybe.... ???

[FORMISTER]

Yes possibly, although a large discount often is only a discount of all the illegal charges that they have put on your account. I suggest you ring BC tommorrow and ask if they still own the account and if not to whom and when was it sold. they should be able to tell you this, they did me

[shopkeeper12]

Will get that sorted out .. Many thanks

[FORMISTER]

Ok, there are a number of things we need to be looking at here, all depending on who still owns the debt.

 

RMA if they own the debt have no right (unless stated in your terms and conditions from BC, which it won't) to be adding interest and charges to your account.

You need your cca request from them for the origional agreement and a statement of account. They should by law send your an anual statement of account anyway, but obviously haven't.

 

Send them the account in dispute letter for failing to produce the CCA http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

There are lots of things iffy with this, but the need to know who owns the debt is a must.

 

If they do own the debt then Barclaycard still owe your parents the refund for the charges, they have no right to credit it against an account they do not own.

[shopkeeper12]

Will get the dispute letter fired off tomm and then try to get sorted out who owns the debt...