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RMA Debt Collection Agency
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Write to the creditor (Link), using the letter below. Send it by Recorded Delivery and enclose a £1 postal order in payment of the statutory fee.I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.0 -
inmypocketnottheirs wrote:We are being harranged by Link for an old debt, and they have now passed it over to a shower called Robinson Way in Manchester, who are clearly of the same level of intelligence.
They won't get far with me!
All the best!!
Now Robinson Way are the biggest shower I have ever dealt with, Twice I have had the misfortune to have to deal with them. Both times there was no debt due, once was Powergen who had calculated my bill incorrectly, but would not take it to court so I could prove it (even though I had sent them all the info!!) and the 2nd time was to do with E-bay, I refused to pay all of my sellers fees as they had not prevented a fraudlent member making bids, that member cost me over £100 on an item, so I only paid half my fees. E-bay would not correspond on the matter, they just got Robinson way involved, again I just told them to take me to court as I had enough to prove my case. The staff the Robinsom way use are some of the rudest and ill trained people that I have dealt with, they just spout lie after lie. Good luck with dealing with this bunch of morons.0 -
Turning_into_scrooge wrote:Absolutely agree. If anything ever ends up in court you have proof that you tried to negotiate with them, they cannot say you ignored them when you have the proof you didn't
Love the post Harrassed :T
Well forgive me if I ignore everything that Skiannach/Harrassed writes as he has shown his true colours too often to me in the past.
However to pick up on your point and smcaul - I did advise to back everything up in writing so that you have the record and you can of course refer to your phone call in the letter. In addition the majority of dca's now have call recorders that tape every single call. The benefits of this to you are 1) You can complain about the call itself if you feel they have lied to you or been overly threatning and 2) There will be a record of your call for around two years should you need to refer back to it.0 -
Personally I would only deal in writing but there are people who prefer to talk on the phone. Here is my advice. If they phone you then refuse to talk to them at that time and get a number to phone back.
You then phone them. You get ready with a pen and paper and write down what you want to say and anything else important that they say, especially anything you agree, AND KEEP IT. When your phone bill arrives make sure you KEEP A COPY (you will need to register your PAYG mobile if you want a call record). If you start gettng the old disappearing phone recording trick from them you can quote date and time of your call and ask them to provide a transcript of that call. If they can't you then refuse to talk to them anymore and only correspond in writing. You also report them to the OFT for destroying records. That isn't an offence as such but is one more black mark against the company and allows you to tell a court you have complained. If you do end up in court with them you can produce your records of all the phone calls you made and request full transcripts of all of them. If you have played fair with them, made regular phone calls are made offers to pay then they can only look bad.
As a last comment. I have never actually sorted anything out on the phone with anybody on the first attempt. If possible I go face to face, if not I use email then postal communication. My pain thresfold with er, well just about everybody really from Argos to the local council, is very low these days so I try everything three times. If I need to go back to something a fourth time then I go for the throat with threats of court, OFT, sueing them, whatever. Works wonders.
Regards
XXbigman's guide to a happy life.
Eat properly
Sleep properly
Save some money0 -
as he has shown his true colours too often to me in the past.
And you've been banned from how many debt help forums, t_roll? Most recently kicked off the Debt Help forum for the second time today? That should give the readers some idea about your credentials.
I'm afraid the advice of a debt collector who is employed merely to disrupt and post misinformation on debt help sites isn't worth a lot. Note, he only posts in office hours. Should tell you something.There will be a record of your call for around two years should you need to refer back to it.
.. and which you will have NO ACCESS to. Even if you serve the debt collector with a SARN (Subject Access Rights Notice) under the Data Protection Act.
Keep it in writing and in writing only.0 -
Tootsie_Roll wrote:Well forgive me if I ignore everything that Skiannach/Harrassed writes as he has shown his true colours too often to me in the past.
However to pick up on your point and smcaul - I did advise to back everything up in writing so that you have the record and you can of course refer to your phone call in the letter. In addition the majority of dca's now have call recorders that tape every single call. The benefits of this to you are 1) You can complain about the call itself if you feel they have lied to you or been overly threatning and 2) There will be a record of your call for around two years should you need to refer back to it.
I accept you points but opne thing you are not taking into account here is an individuals memory. Stress and worriy can imapir the memory. Hence letters, deal only through the postal/email system then that way if you need to recall info you have it in writing, less confusion all round. Added to that allot of people in debt are afraid of talking to DC's but feel more able to write.
No offence intended, but you do have a biased opinion0 -
Thanks for the input guys. You wont believe this another call tonight and when i said i had written to them asking them to correspond in writing only. the woman said you dont want to resolve this then we can sort it out on the phone. I explained iw ould prefer that they deal with Payplan and correspond in writing which for some obscure reason sent her into a frenzy and she shouted at me saying then we will continue to add charges and slammed the phone down. Says it all i think !
Dave0 -
davek1 wrote:Thanks for the input guys. You wont believe this another call tonight and when i said i had written to them asking them to correspond in writing only. the woman said you dont want to resolve this then we can sort it out on the phone. I explained iw ould prefer that they deal with Payplan and correspond in writing which for some obscure reason sent her into a frenzy and she shouted at me saying then we will continue to add charges and slammed the phone down. Says it all i think !
Dave
Try not to let them get to you Dave, if you do, turn it into anger and remember the way they are dealing with this i'm sure the OFT would be more than a little interested in hearing about it, you can download a complaint form from their web site also trading standards may be interested too. You've sent the letter, you've done everything correct, you are NOT at fault :grouphug:
Just off 12 months ago this kind of attitude nearly caused me to have a nervous breakdown untill one day i actually realised they really can't do anything. Ok so they can take me to court, issue a ccj at worst put a charge on a property but they cannot take me away from me. The first threat i had of sending a debt to a dca was from Open + direct. I listened to all the horrible things said about credit ratings - so what? i dont ever want credit again - and how bad it was to send this debt on etc etc, i said to her I am not at all concerned about it being passed on, she stuttered for 5 mins, i changed my attitude at that point and once she realised she couldn't faze me she hung up on me, never phonned again, CCCS said well done i wish everyone did what you've just done. In fact O+D have only just passed it on to Wescot, had no problems with Wescot told them to deal with me by letter only. Unless your debt is a a high level debt and not a credit card/loan debt they really isnt much they can do.0 -
thanx Helen
Prob just sounding off abit but makes me feel better anyway. thanx to all for your support
Dave0 -
davek1 wrote:thanx Helen
Prob just sounding off abit but makes me feel better anyway. thanx to all for your support
Dave0
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