Question about debt collection

[mm2000]

Hi, new to the forum.
I was wondering if anyone can help with my current situation. I have an Amex card debt which for th epast 8 years was collected by RMA Resolve. In January I changed my payment method from cheque to Internet Bank Transfer.
I sent the payment to the details provided by RMA but the last three payments have not arrived, or so they claim.
They have been trying to trace the payments and I have sent copies of sections of bank statements as proof of payment.
Amex have however passed the debt over to Newman & Co. another DCA for collection, due to as they put it, non payment.
As the issue is obviously in dispute can Amex legally pass the debt onto Newman & Co. I thought not but the man at Newman & Co. thinks otherwise.
Can anyone let me know the legal position on this.
Thanks. mm2000

[Amy]

Re: Question about debt collection

They certainly should not pass the account over to a DCA if it is in dispute, but what they should do and what they actually do, are generally two different things.

Write to Amex and insist that they recall the account immediately.

[Sapphire]

Re: Question about debt collection

Hiya,

I'm sorry to hear that you are having trouble with this.

Firstly never talk to anyone on the phone, insist of doing everything in writing.
Next write to Newman and Co and any other DCA that may get involved and tell them that the account is in dispute and that they are at liberty to pass the account back to the original creditor.
Then write to AMEX again and tell them that you have paid and enclose copies of proof of payment ie the statements and remind them that they have no right to pass the account over to a DCA whilst this matter is in dispute.
Keeps all letters so that you have a paper trail.

[mm2000]

Re: Question about debt collection

They certainly should not pass the account over to a DCA if it is in dispute, but what they should do and what they actually do, are generally two different things.

Write to Amex and insist that they recall the account immediately.

Thanks for the reply. I sent Amex a letter last week concerning the loss of payments and the passing on of the debt. All they confirmed was they had moved the debt on. (I've just read on this site that they are duty bound to inform me, not for me to have to ask them)
I've written to Amex today asking for th eaddress for their customer complaints department so I shall be putting all this into my complaint.
Meanwhile I am using stalling tactics on Newman & Co who have threatened bankruptcy as they won't entertain the payment I had been making to RMA Resolve. They want almost 3 times as much.
------------------------------- merged -------------------------------

Hiya,

I'm sorry to hear that you are having trouble with this.

Firstly never talk to anyone on the phone, insist of doing everything in writing.
Next write to Newman and Co and any other DCA that may get involved and tell them that the account is in dispute and that they are at liberty to pass the account back to the original creditor.
Then write to AMEX again and tell them that you have paid and enclose copies of proof of payment ie the statements and remind them that they have no right to pass the account over to a DCA whilst this matter is in dispute.
Keeps all letters so that you have a paper trail.

Cheers sapphire, already done that today.
My only problem is I want to continue making payments (makes it look better on my part) but I don't want to pay RMA as they have lost payments and may not be dealing with Amex on my debt anymore. Amex don't accept payments on defaulted accounts so that just leaves Newman & Co.

[Amy]

Re: Question about debt collection

If you genuinely have made these payments, no judge will make you bankrupt should Newman & Co carry out their threat.

The money has gone somewhere and Amex need to find it.

How much do you owe?

[mm2000]

Re: Question about debt collection

I owe in the region of £1170.00. RMA have lost £90.00 So Newman & Co want £1260.00
Newman want £84 per month and won't entertain the £30.00 and are not really bothered about the 3 months I had left to run on my agreement with RMA before another review. They reckon that doesn't matter anymore.

[Amy]

Re: Question about debt collection

Have you tried your bank and asked them where the payments could possibly have disappeared to?

[mm2000]

Re: Question about debt collection

Not yet that will have to be my next step on Monday. (Earliest day possible due to work)
I had emailed RMA about the payments and mentioned the account no. etc I'd made the payments to but they didn't find anything wrong with the details.
I sent them copies of the bank statements showing the payments. They confirmed receipt and promised to find the payments and sort the matter and that was the last I heard from them. The next thing I got was a week later a letter from Newman & Co. informing me the debt had been passed to them. I've emailed RMA again this evening so I'll have to wait till tomorrow now to see if I get a reply.

[Amy]

Re: Question about debt collection

Cool, sounds like you're on top of things then.

[mm2000]

Re: Question about debt collection

Thanks Amy, I hope I'm on top of things but fresh faces so to speak and fresh ideas are always welcome. The more information I can gather the better the ammunition hopefully. I'll keep you posted on developments. I googled Newman's and found a review site. They had 3 customer reviews which didn't bode to well for them being sympathetic or helpful. RMA, who I've been dealing with for 8 years have been fairly considerate until they lost these payments. Thought everything had been going too well for to long.
Off to bed now, have to be up at 4:30 for work.
TTFN.

[mm2000]

Re: Question about debt collection

OK, I have tried to raise a complaint with American Express. I have written to Amex at the only contact address I have asking for the details of their complaints dept. but they have failed to respond within the requisite 2 weeks. Does anyone know the address, I'd also like the address for the Office of the Chief Executive as well please if anyone can point me in the right direction. Amex is of no use by the way.
Cheers.

[natweststaffmember]

Re: Question about debt collection

I have to say that trying to find an address you can write to on their site is almost impossible.
I think you have a choice of addresses here
American Express UK - Personal - About American Express

[mm2000]

Re: Question about debt collection

I have to say that trying to find an address you can write to on their site is almost impossible.
I think you have a choice of addresses here
American Express UK - Personal - About American Express

Cheers, I'll give that a go.

[mm2000]

Re: Question about debt collection

Okay, latest developments. I've still not received a word from American Express, but I sent off email complaints to OFT and Trading Standards.
I also received a telephone call from Newman & Co. at work the other day. (I'd already advised them by letter that I wasn't prepared to talk to them on the phone and they should write to me). Well Mr P Bell at Newman & Co. became quite shirty when I said I wasn't prepared to give the security details so he could access my file. I pointed out they should be writing to me only, so he "kindly" pointed out I would receive a letter from their solicitors.
Having sent off my emails, I decided to let Newman & Co. what I had done. Well they actually replied to my email, and with quite some concern I may add that I had sent complaints to OFT and TS. I was asked to give details of the complaints. So I emailed all my greivances inclusive of CSA and OFT guidelines that Mr P Bell and Amex had broken.
I was promised a response after my allegations etc. within 7 days. Well within 24 hrs I received another email from Newman & Co., Amex have admitted they were wrong to pass the collection to Newman & Co. I will not be subject to any further actions from Newman & Co. Whoopee!!!!!!!!. Amex will now apparently be transfering the collection to an agency which handles cases of hardship.
Proof it does pay to complain, including to and about the DCA.
Here's hoping the outcome continues to be a happy one.

[enaid]

Re: Question about debt collection

I hope so too mm2000, well done