American Express / RCA (NCO)

[jonk]

Hello New here, and although there is a wealth of information I have found,

it would take some complex algorthim to put it all in one place so that I could answer my situation - and apologies to all as others have asked similar questions before,

but as every situation is different.

 

I owe Amex a lot of money... they cancelled the account,

I continued to pay, they didn't credit one payment to my account and then I get a series of calls from a man at RCA

- he didn't say that's who he was, but I googled the number..

.. he has asked me to contact him

- he has left messages at home, office and on mobile, and by email.

 

I responded by email stating that I was unable to contact him at the times specified due to practical circumstances (was on a train)

- he (xxxxxxx) hasn't yet specified what he wants me to call him about,

but I have asked if we can discuss it by email

- everywhere on this forum it says "DON'T TALK TO DCA" so I'd rather not

- I can't imagine it would be a particularly pleasant call!

 

today he asks me to call him before 4 (by email) and says he's been trying to make contact with me for 12 days.

 

I have received nothing from Amex (except a letter advising that they have breached the CCA since 2009)

although there has been a letter from RCA asking me to pay.

 

I have written to Amex asking them to apply the cheques they have received, and asking to deal with them directly

 

. advice folks.

 

What I'd like to do is say something like "Contact was established 12 days ago by email,

however you have declined the invitiation to deal with this in writing,

and due to working paterns I have been unable to call you at the appropriate time.

 

I have received no notification by Amex of your involvement in any matters concerning them and myself,

and therefore have contacted them for clarification".

 

- some postings here would suggest they aren't nice people.

 

Any advise/thoughts?

 

Also, I want to stop them calling me

 

- can I simply ask them not to?

can I simply say "please deal by email or letter, in accordance with the OFT guidance"

 

Thanks! Jon

[dx100uk]

nothing diff - your case to any other on here..

 

however, tell us about the debt history please

 

dx

[jonk]

Debt history, they stopped credit card use in december, missed a payment in march, they issued a default notice at end of April (8 days if the 14 allowed were covered by two long bank holiday weekends) they received payment i'n time but Didn't apply it till 10th may. Terminated account, issued a statement which I paid more than minimum payment on, same in July, they haven't banked or applied cheque, and now calls/letter from RCA. No advice from Amex about involving RCA. Thanks oh, and debt is stupidly large £37k

[Bazooka Boo]

37K....is that it!

 

I think mine is double that? I don't know as they don't write to me anymore....

 

Yes you can tell them to contact you in writing only, just send them a letter telling them that you only deal with financial matters by letter as this negates any misunderstanding and untruths on their part and provides solid evidence on yours, whatever they wish to discuss can be committed in writing, no phone conversations will ever take place.

[jonk]

Should I mention anything about Amex having not contacted me?

[Bazooka Boo]

You can, and advise them that as you have heard nothing from Amex, you will not enter into any correspondence with them until such time you have it confirmed that Amex have passed this account to them to pursue, thank them for their lame efforts and for their award you have reported their dubious claims to the OFT&TS.

[BASFORDLAD2]

Oh and if you get any cards saying Mr brown is calling you can safely ignore....

[jonk]

Update: So here's what I emailed RCA: (the first line is a reply to his comment that he's been "trying to establish contact for 12 days") ---------------- With the greatest respect, you established contact 13 days ago, and have declined the invitation to deal with this by email. To prevent any misinterpretations/misunderstandings I would expect all communication in regard to any financial matter to be conducted in writing I have yet to receive any communication from American Express to indicate that I should deal with anyone but themselves, and in view of the correspondence they commenced earlier this week, it would be counter productive to have two conversations occuring simultaneously. I trust this is satisfactory - I will be back in London at the weekend, and hopefully there will be a response from American Express, and will progress things from then. And the reply from them is... ================= Thank you for your e-mail. Unfortunately I'm unable to deal with matters via email, or take any instructions or requests. Please call me today on 01772 843028 --------------------- Is it me or has he basically ignored what I wrote? And surely if you are unable to take instructions or requests, then any telephone conversation by definition is going to be pointless

[jonk]

Also - one minor point. His email address is "Amex-Legal" but he's nothing to do with Amex, and has no legal powers. This is obviously designed to be intimidatory, but does it breach any OFT guidelines?

[BASFORDLAD2]

Email him back and say thanks. but now everything is to be done by post........

 

The old fashioned thing with the stamps:)

 

When ive done that with people they come back and say "but we are a telephone based collections company", i tell them i dont care what they pretend to be !!

[Bazooka Boo]

It makes my blood boil that crass companies like them are even given any licence to deal with financial issues, what pathetic clowns they are.

 

You could remind them of their duties under the Disability Discrimination Act and inform them that your preferred method of communication is via email or letter.

 

And your emails you send you can use this, http://www.getnotify.com/ to track it.

 

I'd email them back and thank them for their response, the contents of which have been forwarded to the OFT&TS as well as your local MP. As they are unable to deal with basic commands and instructions, you deem the matter closed, any further response from them, except to inform you that the matter is now closed, will be logged and forwarded to the Police for the criminal offence of harassment.

[jonk]

What worries me is that if you rattle their cage enough you'll unleash the beast within. Although i'n reality it probably doesn't matter what I do!

 

Thanks for all your advice people, gladly received!

[Bazooka Boo]

What beast within? There is no beast....rattle away they soon spit their dummy out.

 

You've had nothing from Amex, therefore NCO can be sent to Coventry, until such time that Amex inform you that they have handed this account to some clown outfit then continue dealing with Amex.

[jonk]

Hello

Just an update for you people- and thanks guys for your help so far

The email I sent was basically ignored, as he called and emailed again - the letter.. not sure if it has been ignored yet, I received another letter from them today that apparently has been in the post for 12 days.

 

The calls have now stopped, and I ignored the last email stating that he was trying to contact me

 

Meanwhile my complaint to Trading Standards resulted in a very nice phone call with RMA's own case officer at the local Trading Standards office, who confirmed that they do have to deal with me in writing if I request it, and offering to intervene and tell them that. She also confirmed that the emails sent were outside the guidelines issued by OFT, and she would be taking that up with the company. I also noticed, whilst talking to her, that their letters breach the Companies' Act (RMA is a trading name of NCO, but it doesn't say that, doesn't have registered office or registration numbers, or a proper contact address on the letter), and have therefore made a complaint to Companies' House about them as well.

 

So - I am proposing to accept the offer to intervene, at the end of the day I will have to deal with them or someone like them eventually. The lack of a letter from Amex is a technicality, and whilst I can hide behind it, it doesn't take a lot to be rectified, and then I'm back dealing with RMA.

 

Does anyone see a problem with this? Or should I continue to ignore these people?

 

Thanks

 

Jon

[brokebutnotbeatn]

Keep a paper trail so you are able to show you have been proactive in trying to sort it out and wait until you get something in writing that enables you to do just that...by a trail I would include a log of your discussions with TS date, time, next steps and by whom...

[ScarletPimpernel]

I have had considerable experience of dealing with Amex's collections process, from which I understand that they place an account with RMA/NCO, ho then have a limited time to collect (and I suspect that they don't get paid if they don't); then it's passed to another gang of desperadoes - in my case Newmans. When they fail, it goes to another DCA, then another, and so on, until you end up with Brachers Solicitors, or, as in my case, Mishcon de Reya. Some of the DCAs had two and even three goes. Amex are extremely persistent, and they do litigate, but only where they think they have a prospect of success - they tend to use Brachers, but a whiff of a defence and they give it to Mishcon. It's extremely important to keep everything in writing, and to complain to Amex when their DCAs (for whom they have third party liability under OFT Guidance), do not behave.

 

In my case I made a formal complaint to Amex about RMA/NCO's non-compliant activities, which they initially fobbed off with a template reply, but subsequently took seriously. In the end Amex left me alone, and the accounts are now almost statute-barred.

 

If you want to have some fun with Amex, ask them whether your account has been securitized, and if so whether the securitization was to a US company - and then watch them squirm and evade giving you the answer!

[Desperate Daniella]

Hi jonk,

 

SP is right. Ask them about securitization. They wrote back to me to tell me it was none of my business and I haven't heard a word since then.

 

With regard to the Default Notice and other Amex issues, we're all waiting on the result of Brandon.

 

Have you got a copy of your credit "agreement" with Amex?

 

DD