RMA Debt Collection Agency

Down_But_Not_Out_6

Hi, I have been reading this forum with some interest over the last week or so, and thought I’d add my experiences and ask some advise. Please.

I run my own business, and had a customer go bust on me last year which cost me a six figure sum (gulp!). I just managed to keep my company from bankrupcy, but only took 2 month’s salary last year. Queue selling belongings, jewellery, etc.

At the time I had two Amex cards; a Platinum card which I had held for 13 years, and a Gold credit card. I used the Platinum card every month, and never missed a payment and had amassed loads of Membership Points; but after not being able to clear my normal monthly balance of £1,800 it was passed to RMA after 3 months. I was managing to make the minimum payments against the Gold card during this time against a £7,500 balance. And despite it being bang up to date, this was passed to RMA also. Thanks.

So, since August last year, I’ve made regular payments to RMA, and I agree – they are rude, unsympathetic and their behaviour is tantamount to harassment in my book. However, I was under the impression that I had cleared my Amex Platinum three months ago, and was making headway with my Gold card too. Then, last month, I get a solicitor’s letter from RMA’s cronies, saying I have to pay £380 against my Platinum card. I contacted RMA and asked them for a statement of account, and they say they don’t do them. So, I’ve paid this sum and still have no idea what my current account status is.

I am now being hassled for a ‘settlement’ on my Gold card. I’ve paid some £2,000 in the last month, and they are pushing for a settlement in the region of £3,500 to £4,000.

Now, given RMA state they are ‘telephone only’, this means I’ve got no trace of payments I’ve made since last summer. They call at all hours, and sometimes I’ve put through payments against my company credit card, my wife’s debit card, company cheques and private cheques. However, I have no notion of how much I’ve paid, what charges have been applied to my account, what interest rate (if any) have been levied, etc. and therefore cannot make a valid judgement on any settlement figure.

I want this out of my hair, but don’t want to end up getting skinned either. Any ideas?

030

Hi, I'm fairly sure that they're obliged by law to supply you with statements of account. I cant find the exact ruling now, I think its a data protection thing. If you give the Office of Fair Trading a ring they will tell you, they are extremely helpful and completely non judgmental. Although RMA say they are a phone based company again that has no legal standing, you can request only to deal with them in writing although they will do everything possible not to. I'll keep hunting for the OFT ruling and post it if I find it, good luck!

edit! ok heres the link, you want section 2.2 under communication then paragraph e. I hope this helps in some way.
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Tootsie_Roll

030 wrote: »

Hi, I'm fairly sure that they're obliged by law to supply you with statements of account. I cant find the exact ruling now, I think its a data protection thing. If you give the Office of Fair Trading a ring they will tell you, they are extremely helpful and completely non judgmental. Although RMA say they are a phone based company again that has no legal standing, you can request only to deal with them in writing although they will do everything possible not to. I'll keep hunting for the OFT ruling and post it if I find it, good luck!

edit! ok heres the link, you want section 2.2 under communication then paragraph e. I hope this helps in some way.
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Misleading post !

It will depend on whether RMA own the debt or are collecting the money on behalf of the lender in which case it is the lender's responsibility to provide statements (if appropriate).

Also whilst you can request they contact you in writing only there is nothing, no legislation or guidline that forces them to comply - how can there be ? The debt collection guidance only states about when and where not how. There is a lot of posturing that goes on about this but they can't insist you only deal with them by phone and you can't do the opposite. In addition why make life more difficult for yourself ? You need the cooperation of companies like this so why would you immediately alienate yourself by making their life (and yours) more difficult. Always, always confirm every conversation in writing but call first.

030

Thank you for that clarification Tootsie. Correct me again if I'm wrong but in the "Debt collection guidance, Final guidance on unfair business practices July 2003 (updated December 2006) OFT664" It does list "failing to provide debtors or creditors with information on status of debts, for example, not providing requested balance statements when reasonably requested" as an example of unfair practise, that is what the OFT told me when I was in the same position and when I informed RMA of this they sent me statements! Whether they own the debt or collecting on someone elses behalf ( which was the case with me) they obliged and in fact did so with some promting supply statements.

Down_But_Not_Out_6

Thanks for your feedback one and all. I have since spoken with Amex who in turn put me onto one of the managers at RMA. He stated that Amex were under no obligation to provide statements, and that it was not RMA’s policy to do so either. Having since ambled to the OFT web-site and familiarised myself with their Debt Collection Guidance document, I have now written to Amex’s complaints team, (Credit Relations Department) with regards to this breach. I don’t want to wriggle out of my liability, but at the same time want to be treated with a little dignity, and above all lawfully!

I have also been the subject on an ongoing wrangle with the Yorkshire Bank (Clydesdale) with regards to bank charges, which I have taken them to court over. They have since filed a defence. However, since they appointed two debt collectors to chase me for their charges after I questioned them, I have now also written to them, asking them for their opinion at to whether they are in breach of 2.6.c, 2.6.d, 2.6.e, 2.8.i and 2.8.k. I am hoping that being able to demonstrate that they are in breach of regulations may assist my case should things ever go to court.

Thanks again for the help. I’ve got my chin up today!

Down_But_Not_Out_6

Another angle here, if you refer to the following link, you will see that the OFT have revoked the licence of one collection agency for not passing on funds collected from customers to their clients.

http://www.oft.gov.uk/news/press/2007/39-07

Therefore I would suggest that anyone dealing with a DCA had every right to demand a statement from the DCA to ensure that all monies collected had been appropriated correctly and found their way back to the company with whom you originally contracted - for me, Amex.

In my instance I want a statment from RMA of what they've recieved, not what has been passed through to Amex

030

Thats great news, glad it was of some help. The OFT really are very good at helping with this kind of thing and are a great source of reliable information. Best of luck with solving your debt problem, if you get a chance it would be great to hear how you are getting on.

Down_But_Not_Out_6

I’ll certainly keep you updated. I’m getting my teeth into this now after the best part of a year of being hammered from all angles! I genuinely thank everyone for their wise words and support.

Another question: When my bank account was closed by the Yorkshire Bank, I had an overdraft of £3,500 – almost exclusively made up of charges. I am now demanding £5,400 back from them, and going through the court process to do so.

However, as I posted above, they have lodged my £3,500 debt with two collection agencies – all now potentially reported to the OFT for a myriad of breaches!

Question: if I get the £5,400 in charges back as most seem to, would the Yorkshire bank still be able to pursue me for the £3,500? :rolleyes:

030

Cant help with that I'm afraid You'd probably be better starting a different thread. Just a word to the wise though, dont take everything people tell you on here as gospel, whilst most are very helpful, some seem to have agendas. Whilst I dont think anyone would deliberately lead you astray its worth doing some research of your own before commiting any advice you get. Good luck.

Tootsie_Roll

030 wrote: »

Thank you for that clarification Tootsie. Correct me again if I'm wrong but in the "Debt collection guidance, Final guidance on unfair business practices July 2003 (updated December 2006) OFT664" It does list "failing to provide debtors or creditors with information on status of debts, for example, not providing requested balance statements when reasonably requested" as an example of unfair practise, that is what the OFT told me when I was in the same position and when I informed RMA of this they sent me statements! Whether they own the debt or collecting on someone elses behalf ( which was the case with me) they obliged and in fact did so with some promting supply statements.

Well I hadn't made any comment in my post #165 regarding the statement side of things however this is my interpretation:

Firstly please remember that it is how these guidelines are interpreted that is key and it will vary from dca to dca and lender to lender. I see lots of posts on here and other sites where there is just a different interpretaion that can potentially cause a lot of problems.

Reading very literally I could interpret the guidline to mean balance statement only in other words your balance is now £x and I have complied with the guidline. If as in your case RMA provided a full statement then I would count myself lucky !