RMA / Barlcays deafault help needed

Wish-I-Never-Took-Loans

Hi all,

Im after some help and advice please.

Basically I took a loan out a couple of years ago, which I defaulted on last year with circa £3400 arrears owing.
Barclays served a default notice and I then received letters/calls from RMA persuing the arrears.
In short I paid 2 payments of £150 over a 3 month period towards the end of last year, they offered a £1750 settlement which I planned to pay, but simply couldnt. I then ignored their letters as I simply couldnt afford anything towards it (silly probably, but I didnt know what to do).
Anyway, I havent heard from them since the beginning of this year, and I dont know what to do about it....im scared im going to get a knock on the door from a bailiff with a warrant to collect the full £3100 owed.

Ive read about requestion CCA on this forum...is this something I should do? Or is the fact ive made payments just an admission of liability regardless of what documentation they may or may not have??

Im stuck, Id *hoped* nothing would come of it, but ultimately it probably will, just a matter of time I think....

ANY input/advice and suggestions are very welcome...

Many thanks in advance, Craig.

chanz4

barclays will keep passing it around dca's, then they will take you to court for the cash. Offer them £50 a month they will take it

fermi

Wish-I-Never-Took-Loans wrote: »

Ive read about requestion CCA on this forum...is this something I should do? Or is the fact ive made payments just an admission of liability regardless of what documentation they may or may not have??

If you took the loan out a couple of years ago, then to be honest there is little point.

It's pretty certain that Barclays would have the documentation, or that they could quite easily provide copy documents sufficient for compliance under the regulations.

Also they would not necessarily need original signed documents if it went as far as court. For loans taken out after April 2007, other evidence that you took out the loan and received the funds is sufficient.

You shouldn't get a knock on the door from a bailiff. It would have to go to court first, and you would have notification of that. And as long as you didin't ignore letters from the court, you would always have a chance or ways to prevent it getting to bailiffs.

Wish-I-Never-Took-Loans

Hi, thanks for the reply.

Offer who £50/month RMA or Barclays?

I was of the understanding RMA would have bought the debt off Barc?? Or are they just acting on behalf?

The thing that is worrying me is THEIR lack of contact. Its went from literall 2 letters a week for a month, to nothing for the last 4ish months. Is this them preparing a court case, barclays setting up with another collections agency, or something else?!

Ive been stewing alot on this over the last couple of hours, Im thinking of selling my car and offering them (RMA) £1500 as a settlement figure.

Should this be done in writing?? I fear If I phone them and make an arrangement and subsequent payment, they COULD play dumb and chase me for the remainder. On that note, what is the stance on recording phone calls??

Thanks again,
Craig

Wish-I-Never-Took-Loans

fermi wrote: »

If you took the loan out a couple of years ago, then to be honest there is little point.

It's pretty certain that Barclays would have the documentation, or that they could quite easily provide copy documents sufficient for compliance under the regulations.

Also they would not necessarily need original signed documents if it went as far as court. For loans taken out after April 2007, other evidence that you took out the loan and received the funds is sufficient.

You shouldn't get a knock on the door from a bailiff. It would have to go to court first, and you would have notification of that. And as long as you didin't ignore letters from the court, you would always have a chance or ways to prevent it getting to bailiffs.

Thanks for that.

Would I first get notification of intended court action from Barc/RMA etc, OR from courts saying a claim had been placed??

Im trying to gauge what the lack of pestering is down to!!!

fermi

Wish-I-Never-Took-Loans wrote: »

I was of the understanding RMA would have bought the debt off Barc?? Or are they just acting on behalf?

What to their letters say?

Do they refer to "our client", or in any other way that they are acting for Barclays?

Did you have a letter saying it was a notice of assignment?

Wish-I-Never-Took-Loans wrote: »

The thing that is worrying me is THEIR lack of contact. Its went from literall 2 letters a week for a month, to nothing for the last 4ish months. Is this them preparing a court case, barclays setting up with another collections agency, or something else?!

Not likely to be court, as they would be required to give you plenty of warning regarding that. Not impossible, but unlikely.

Quit possible that it's gone back to Barclays and/or is being passed over to another DCA.

If you want to start looking towards a settlement, then I would contact Barclays. They should be able to tell you if they still hold the account, and if not who you should contact now.

Wish-I-Never-Took-Loans wrote: »

Ive been stewing alot on this over the last couple of hours, Im thinking of selling my car and offering them (RMA) £1500 as a settlement figure.

Should this be done in writing?? I fear If I phone them and make an arrangement and subsequent payment, they COULD play dumb and chase me for the remainder. On that note, what is the stance on recording phone calls??

Do all settlement negotiations IN WRITING.

There is no other acceptable way that will allow you to protect yourself.

You must have a letter from the owner of debt agreeing to the settlemt terms BEFORE you part with a penny.

See: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

Wish-I-Never-Took-Loans

Thnaks for the advice and links, that great.

The plot thickens a little bit; Ive dug out the letters etc.

Basically Barclays gave default notice beginning Oct 2010 for arrears of £5750. 2 weeks later Barclays sent a letter saying "your account has been handed over to RMA, please do not contact us....." so this would imply to me RMA are acting on behalf of them. When I received this letter, I rang RMA straight away as it scared me big time!! They were quite pushy, I told them I could make a token payment of £250 whilt I sorted my finances.
In the meantime, a massive admin error on my part, meant that a VAT repayment of circa £2000 which SHOULD have gone into my current companies account, actually went to the OLD account held at Barclays. Consequently Barclays offset this on the arrears...I tried to get it back, but ultimately it was my fault for not updating HMRC details. A couple of weeks later I had another letter from RMA, I fobbed them off with a £150 payment...then maybe a month letter another letter arrived which I rang up and made an arrangment of £250/month for 3 months until I sorted myself out, I made the £250, but thats when I started ignoring their letters (last of which was feb this year).

SO......In total, circa £2650 has been cleared since its been in the hands of RMA, and £3100 remains unpaid.
Im probably clutching at straws here, BUT, do you think its possible Barclays could have written the remaining off since approx 45% has been paid?? In any case, Im kinda stuck....If I write I might "disturb the wasp nest" and they resume chasing me, or I leave it and the courts get involved, which I dont want.

I had a thought of perhaps writing a letter to Barclays saying that RMA had advised in a recent telephone conversation that the account had been closed. Kind of sneeky, but tactfully touches the subject of IF I still owe. If I get a letter back saying there's still arrears, then I will send a settlement offer in.

Any thoughts? Im maybe way off the mark here, so would like all help possible to set me on the right track!

Thanks again,
Craig

Wish-I-Never-Took-Loans

Any suggestions?

Sick of burying my head in the sand with this, want to get it sorted/paid asap....!!

fermi

Barclays are not likely to write in off in the way you hope.

At best, they may sell it on for real to a debt collection company. It's possible that may be what is happening now, and once done you will hear from them?

Probably the best thing would be to approach Barclays, who may be able to help you settle it themselves or tell you who to contact now. Perhaps saying that RMA have said they are no longer dealing with the account?

Wish-I-Never-Took-Loans

Im going to write to Barclays tomorrow....thanks for your help.