Ruthbridge again sorry.

vmax1971

hello, im very ne4w to all this so bear with me.

I have had a number of letters from Ruthbridge and to say they are professional is an understanment.

I am having an issue of a debt in a name of rjb in Bristol with welcome finance has landed on my doorstep this morning.

Now the issue im am having my name is rjn and I have never lived in Bristol and have never dealt with a company called welcome finance?

I have phoned Ruthbridge to expalin the situation, but a credit tracing company has linked me with this debt with the above names person??????
as we share the same d/o/b?

I have been asked to supply them with evidence to prove im not the same person, but to me this seems, trival to me as Im unwilling to fax a passport over to them and im post any personnel details for them to do whatever with.

Can anyone help? quick round up...this debt is in another persons name that there own credit reference persons have linked to me through d/o/b is the same, i have never lived in Bristol and never dealt with welcome finance.....what do I do as im banging my head against a wall with Ruthbridge?

Many thanks

fermi

It is up to them to prove that you are the person in question, not for you to prove that you are not.

In fact, asking you to provide evidence you are not the person in question is strictly prohibited by the Office of Fair Trading.

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> Office of Fair Trading - Debt collection guidance (pdf)

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made.
b. disclosing debt details to an individual when it is uncertain that they are the debtor in question, for example, disclosing details to 'the occupier' of an address.
c. refusing to deal with appointed or authorised third parties, such as Citizens Advice Bureaux, independent advice centres or money advisers
d. contacting debtors directly and bypassing their appointed representatives
e. operating a policy, without reason, of refusing to negotiate with debt management companies
f. passing on debtor details to debt management companies without the debtors' informed prior consent
g. failing to refer on to the creditor reasonable offers to pay by instalments
h. not passing on payments received within a reasonable time resulting in delays that adversely affect a debtor's financial position.
i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued
j. requiring an individual to supply information to prove they are not the debtor in question, for example, driving licences, passports, full name, date of birth, signatures
k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

fermi

If those are the real names in your post, then it would be a good idea to edit them out or change them.

On option is to adapt the letter below, adding in a paragraph quoting the OFT guidelines in my previous post.

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other