DCA's - Do they have to prove debt?

hazysunshine · 11 February 2008 at 1:29PM

Hi everyone!

I have posted this another forum, but I feel the original thread title is misleading. I have a debt collection agency (Ruthbridge) on my girlfriend's back, chasing a debt, trying all their usual bully and scare tactics (phone calls, starting bankruptcy proceedings etc).

I have read these forums and sent them the standard letter demanding they send a copy of the agreement, and proof of ownership of the debt. They ignored this (but rang in the mean time to try and scare her again) and so after 14 days I sent them a second letter, which is detailed below.

I sent the 2nd letter to Ruthbridge ("You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account, etc etc...")

They rang and said that they would not send the information and that they are starting bankruptcy proceedings!

Again, I know they are just trying to scare my girlf into paying, but its still scary!!

Are they breaking the law by not sending the CCA agreement and proof of the debt?

Even if my girlfriend does owe the money, they still HAVE to provide these documents don't they???

Let me know!!

Thanks in advance

RAS · 11 February 2008 at 1:39PM

What EXACTLY di they say. You need to start recording the exact words.

We are referring your account to our legal department who may take action which could include CCJ, Charging order or bankruptcy is completely different to - we have started bankruptcy proceedings.

The operative word is "may".

For a starter, you must both stop speaking to them on the phone and insist that all communication is in writing. This means that you have evidenc of any threats and make them a bit more circumspect.

And, yes they are breaking the OFT Guideleines by paursuing a debt that is in dispute. Even more so for pursuing a debt that is in default.

Will post the complaints list.

RAS · 11 February 2008 at 1:41PM

Office of Fair Trading, Contact page: http://www.oft.gov.uk/advice_and_res...ase/legal/cca/

The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html

Members of parliament list, (as provided by RAS): http://www.parliament.uk/directories/hciolists/clomps.cfm

RAS · 11 February 2008 at 1:44PM

See here

http://forums.moneysavingexpert.com/showthread.html?t=675545&highlight=Ruthbridge

You might want to read Alpha and Pip;s thread to get an idea of what you are ddealing with, then ring the OFT

rog2 · 11 February 2008 at 1:48PM

They most definitely do need to prove the debt, and are committing a criminal offence if they fail to provide you with a true signed copy of the original consumer credit agreement within the legally prescribed time scale, which is as follows:

1. They must provide you with the cca, deeds of assignment and statement of the account within 12 working days of receipt of your original request. If they fail to do this, then they can not enforce the agreement without a court order.

2. If, after a further 30 days from the expiry of the 12 working days (allow 12 + 2) they still have not provided you with the cca, then they have committed a criminal offence.

Enter a search for 'Ruthbridge' in this forum - I am sure that the OFT are looking for people who have been the victims of Ruthbridge's 'ruthless' attention, as they are considering Ruthbridge's suitability to hold a credit licence. To put it mildly Ruthbridge appear to be falling short of the 'standards' that the Office of Fair Trading set:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

rog2 · 11 February 2008 at 1:50PM

RAS wrote: »

See here

http://forums.moneysavingexpert.com/showthread.html?t=675545&highlight=Ruthbridge

You might want to read Alpha and Pip;s thread to get an idea of what you are ddealing with, then ring the OFT

Thanks RAS - that is the link I was looking for. :T :T

Penny_T_2 · 8 February 2009 at 1:41AM

Hoping you can help me, I have been recieving letters and phone calls from a Company called Arrow, who sent me a letter from British Gas saying I owed them from Nov 2003, and that they had passed my account to Arrow a DCA. I have not been with British Gas since mid 2001, a fact I confirmed over the phone to EDF who have had my account since that date. Arrow are demanding that I send them proof, but surely it is down to them to prove I owe this money, not me to prove I do not.EDF have promised to send me what information they have on their database,relating to 2003, but it is all electronic info so they may not have printable archives, but thay are going to try. What recourse in Law do I have against these horrible people.

GeorgeUK · 8 February 2009 at 2:56AM

I would suggest sending the "prove it" letter. Don't deal with them on the phone. It is not unusual for DCA's to buy a debt then look in the phone book or electoral roll for someone with the same name and try to collect the money from them. As long as it gets paid, that's all they are interested in.

http://forums.moneysavingexpert.com/showthread.html?p=11570893#post11570893

Also, if this was a debt for a wrongly calculated bill (if it was yours), they could only go back 1 year - not 5/6 (and after 6 years the debt would be statute barred anyway)

http://www.consumerfocus.org.uk/en/content/cms/Energy_Help___Advice/Your_energy_question/Your_energy_question.aspx

To get them to stop phoning you, send one of these letters. If they persist in calling you, make an official complaint.
http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=5
http://forums.moneysavingexpert.com/showpost.html?p=14588705&postcount=10

Ivydene · 8 February 2009 at 3:01AM

Ruthbridge featured unfavourably on last week's Watchdog prog BBC1

Penny_T_2 · 10 February 2009 at 1:56PM

Many thanks for the advice, willl keep you posted how things go, pretty sure that will be an end to it tho.

stapeley · 10 February 2009 at 4:18PM

THIS WHY WE ALL SAY NEVER SPEAK TO THESE PARISITES !
Get everything in writing !

DCA's - Do they have to prove debt?

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DCA's - Do they *have* to prove debt?

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DCA's - Do they have to prove debt?