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Help please, unknown debt?
Comments
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Thanks Guys.
I will resend the letter, but have updated it:Second letter
Your Reference: ********
Mr ***********
Ruthbridge Limited
Twickenham
Dear Mr *******:
I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.
I enclose a £1.00 crossed postal order in payment of the statutory fee,
I am re- sending this payment as you have not acknowledged the previous payment of £1.00 that was sent.
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
4. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued"
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 28th June 2007, I will have no hesitation in passing your details to the Office of Fair Trading.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Regarding your threat that a Doorstep Collector may call; the owner and/or tenant of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner and/or tenant of ********************* will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the tenant and/or property owner to sue both yourselves or any agents working on your behalf.
Furthermore I am also notifying yourself or anybody working on your behalf that all correspondence forthwith will be conducted by letter only.
.
Sincerely,
Me
Does that seem Ok?
Fab letter - hope you don't mind but I've pinched it for my little DCA problem..... despite me sending the 2nd letter rec del they have written to me 13th June threathening to use the services of "Home Visit Agency" and to start legal proceedings with a view to gaining a CCJ.
I refuse to call them out of principle, this debt is not on my credit file, nor do I know what it for.
Grrrrr :mad: :mad: :mad: :mad: :mad:"Nobody made a greater mistake than he who did nothing because he could only do a little." Edmund Burke
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Ive received a similar letter from another company - PLEASE let us know how you get on with this company. OH expecting our first child and really dont need this hassle at the moment. Has anyone ever recieved a credit agreement from these companies???
Thanks, and good luck.0 -
All of these types of companies are just chancers. They rely on intimidating people into making payments or offers of repayments. Without the above specified copies of signed consumer credit agreements and notice of assignments, any action they threaten will not be upheld in a court of law.
Also, as stated above, that is over six years old where there has been no correspondence during that time, becomes uncollectable through the Courts due under the Limitations Act.Don't lie, thieve, cheat or steal. The Government do not like the competition.
The Lord Giveth and the Government Taketh Away.
I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)0 -
You need to contact the office of fair trading about these people . What they are doing is contrary to the OFT guidelines . Especially that rubbish about crime reference numbers. A pity you didn't get that recorded .
falsely implying or stating that failure to pay a debt is a criminal
offence or that criminal proceedings will be brought
The whole document is here :
http://www.oft.gov.uk/advice_and_resources/publications/guidance/consumer_credit_act/oft664
I wouldn't bother contacting them after sending the cca request. Let them default on it. Even if it is statute barred you still want a cca default, as then they no longer have permission to process your data and therefore cant put defaults on your files at credit rating agencies. And when you send the cca request, emphasize the £1 fee is the statutory fee in accordance with the consumer credit act 1974 s 77 (1) and is not a token payment off the alleged debt . If they do take it off your alleged debt, you threaten them with criminal proceedings then on the Theft (Amendment) Act 1996 S 24(a).
Oh, one thing you can write to them about. Get a copy of their complaints procedure and when you are unhappy with their final response with your complaint, as of course you will be , get a complaint off to the financial ombudsman as their case fee of £400 will be charged to the DCA . Thats always a nice little parting memory to have of them .0 -
Thankyou again for the replies.
I will contact OFT later on in this 'battle', so thanks for the advice Percival Pigglestick.
The letter above is adapted from one that I had been 'given' before by RAS (who borrowed it from CROWN i think), so all thanks to them, and I see no reason why you can't use it tizgem.
I'll keep you all posted if/when there are more developments.:think: :silenced:0 -
Percival_Pigglestick wrote: »You need to contact the office of fair trading about these people . What they are doing is contrary to the OFT guidelines . Especially that rubbish about crime reference numbers. A pity you didn't get that recorded .
falsely implying or stating that failure to pay a debt is a criminal
offence or that criminal proceedings will be brought
The whole document is here :
http://www.oft.gov.uk/advice_and_resources/publications/guidance/consumer_credit_act/oft664
I wouldn't bother contacting them after sending the cca request. Let them default on it. Even if it is statute barred you still want a cca default, as then they no longer have permission to process your data and therefore cant put defaults on your files at credit rating agencies. And when you send the cca request, emphasize the £1 fee is the statutory fee in accordance with the consumer credit act 1974 s 77 (1) and is not a token payment off the alleged debt . If they do take it off your alleged debt, you threaten them with criminal proceedings then on the Theft (Amendment) Act 1996 S 24(a).
Oh, one thing you can write to them about. Get a copy of their complaints procedure and when you are unhappy with their final response with your complaint, as of course you will be , get a complaint off to the financial ombudsman as their case fee of £400 will be charged to the DCA . Thats always a nice little parting memory to have of them .
hi hi have been reading all about ruthbridge and i am have the same thing going on as pipk62 ,ruthbridge has sent my wife lots of letters saying she ows 998.54 ,put she does not no off the debt so we have ask by phone and letter for proof , but thay say that thay don,t have to send proof which i konw is not true , now thay say that thay are going to send a agent round on monday to isue bankrub pappers and charge her £65 for it . but 2day thay have send a new letter saying thay whant my wife to ring so thay can deal with the issues that she has raised in her letter ,which my wife will not ring to talk to them ,plus the £1 i sent with the letter has come of the debt, please can some one help .0 -
hi hi have been reading all about ruthbridge and i am have the same thing going on as pipk62 ,ruthbridge has sent my wife lots of letters saying she ows 998.54 ,put she does not no off the debt so we have ask by phone and letter for proof , but thay say that thay don,t have to send proof which i konw is not true , now thay say that thay are going to send a agent round on monday to isue bankrub pappers and charge her £65 for it . but 2day thay have send a new letter saying thay whant my wife to ring so thay can deal with the issues that she has raised in her letter ,which my wife will not ring to talk to them ,plus the £1 i sent with the letter has come of the debt, please can some one help .0
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Hi asc53,
Click here to go back to page 1 http://forums.moneysavingexpert.com/showthread.html?p=5341650#post5341650
and use the advice given to me, I hope this gets resolved for you too.
As for Me, another UPDATE:Dear Mr ****I am filing this letter with the others, but I am absolutely not going to phone them.:mad:
As we have been unable to contact you by telephone, it is essential that you call our office immediately, in order for us to deal with the issues that you have raised in your correspondence regarding this debt.
Please therefore call the above telephone number, qouting our reference number as satated.
Yours Sincerely
The same bloke as always!
But, I do have a couple of questions......
bearing in mind I now firmly believe these are highly unscrupulous people, and am not entering into any conversation with them except that which involves me getting the paperwork I am now entitled to.....- What can I do if they should phone?
- What if someone calls at my home? can I call the police for assistance should this happen? and what should I tell them?
What instruction do I give My family should either (but especially #2) happen?
Thankyou for your help everyone.... am now in fight mode:think: :silenced:0 -
But, I do have a couple of questions......
bearing in mind I now firmly believe these are highly unscrupulous people, and am not entering into any conversation with them except that which involves me getting the paperwork I am now entitled to.....- What can I do if they should phone?
- What if someone calls at my home? can I call the police for assistance should this happen? and what should I tell them?
What instruction do I give My family should either (but especially #2) happen?
Thankyou for your help everyone.... am now in fight mode
Well done pipk - you seem to have summed these 'people' up well.
In answer to your questions:
1. If they do telephone, tell them that you are waiting for a response to your letter, and will NOT discuss the matter with them UNTIL you have received the information which you have requested, and to which you are LEGALLY entitled. State that any further telephone calls will be considered as harassment, contrary to section 40 (1) of The Administration of Justice Act 1970 and will be reported to the relevant statutory bodies.
2. The OFT Guidelines for DCAs:
Section 2. 11 CLEARLY states:
'Those visiting debtors must not act in an unclear or threatening manner'
Section 2.12 goes on to say:
'a. Not making the reason for any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient.
b. Visiting a debtor when it is known they are vulnerable, for example, when a doctor's certificate has been provided stating that the debtor is unwell.
c. Continuing with a visit when it becomes apparent that the debtor is distressed or otherwise vulnerable, for example, it becomes apparent that the debtor has mental health problems.
d. Entering a property uninvited.
e. Not leaving a property when asked to do so.
f. Visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed.
g. Not giving adequate notice of the time and date of a visit.
h. Visiting Debtors, unless requested, at inappropriate locations such as work or hospital. 'I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
thanks pipk62 have sent them your letter and got the same reply back as you , so we will see if thay turn up on monday , but i will be ready for them with the letter i sent them saying if any agent turns up thay will be sued by the landlord ,plus a tape rec ,to rec all that thay say and i will use it if thay ring to , i whant let pepole like this to get away with it, i will fight to the end .
(thats better )
thanks
asc530
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