Debt Collectors allowed to force entry?

chappers

The first thing I would do is get a full credit report, if the card/debt is still on her file then it is almost certainly not statute barred under the limitations act, but this will tell you the credit limit and the true balance.

If it isn't on her file then go down the route you explained don't mention anything about the £1 and the debt, just say you have enclosed the £1 for the CCA. Just out of interest the 6 years applies from the last time the debt was acknowledged e.g payment made, letter written etc.

If it is on her file and she is willing to clear the debt, then contact the credit card company direct and make an arrangement with them, as I said in another post they should be more willing to deal direct with her as they avoid the Debt Collectors fees.

Please reassure your girlfriend that these people have no right to enter her property whatsoever and if they hang around her front door again to call the police.

hazysunshine

Hiya

My girlf has got her reports from Experian and Equifax, and she has applied for callcredit today and is awaiting the login details - are there any other credit files she can get, or are they the main three?

Thanks for the info - especially the bit about them not having any rights the enter the house!

Cheers

chappers wrote: »

The first thing I would do is get a full credit report, if the card/debt is still on her file then it is almost certainly not statute barred under the limitations act, but this will tell you the credit limit and the true balance.

If it isn't on her file then go down the route you explained don't mention anything about the £1 and the debt, just say you have enclosed the £1 for the CCA. Just out of interest the 6 years applies from the last time the debt was acknowledged e.g payment made, letter written etc.

If it is on her file and she is willing to clear the debt, then contact the credit card company direct and make an arrangement with them, as I said in another post they should be more willing to deal direct with her as they avoid the Debt Collectors fees.

Please reassure your girlfriend that these people have no right to enter her property whatsoever and if they hang around her front door again to call the police.

hazysunshine

I cant take any credit, all Ive done is search and read these wonderful forums and put it all together into a 'What to do if Ruthbridge come knocking' plan of attack!!

They left a curt message for my girlf on her answerphone threatening bankruptcy! These pigs are animals and should be treated with accordingly...

Cheers

CannyJock wrote: »

Think next time anyone has a similiar problem we'll just direct them to you

Looks like you've done the homework needed - sounds like a good plan to me. Good luck with the battle ahead.

chappers

Any of those three should be ok just about everyone will register with all three.

Certified balliffs have the right to forcible entry only after they have first gained peacable entry.

Baliffs and officers from customs and excise have rights of forcible entry and now they are ammalgamated I'm sure that probably applies accros the whole of revenue and customs.

These scum have no rights and as such should be trated with the utmost contempt.

hazysunshine

Hello everyone

I sent the letter to Ruthbridge, with £1 postal order for copies of the credit agreement etc. They would have recieved this today (24th) and today I recieved the following letter

"Dear Mr A, Despite many attempts to contact you directly by telephone and letter you have totally ignored our efforts to resolve this matter . We are now advising our clients to comence bankrupty proceedings. etc etc. This will result in your bancruptcy being published in the local gazette etc etc."

Now I know to take this with a pinch of salt, but its still pretty scary.

What do I do? Wait for written proof of the debt and copies of the credit agreement etc?

Im pretty sure that, from reading the forums, they will ignore the letters and probably use the £1 as part-payment of the debt!

Shall I stick to my guns and wait the 14 days Ive given them to reply, then send the template 2nd (You have defaulted on providing me with the information I require etc) letter??

Also, from what Ive read on here and other forums, they have never ever taken anyone to court or bankrupted anyone, which shows me what clowns they really are.

Any help appreciated!

Dylanwing

There threat is a pile of bullocks designed to scare you. Just stick to your guns and don't give them a day over the statutory minimum.

simonts

Actually quite rare for the hired thugs to turn up, Having bought my house repossesed nearly two years ago the same debt collector letters keep arriving..i have told them he dosent live here anymore and every now and again one gets opened when im not paying attention.

Same old threats over and over which says just how little power they have... just dont mess with HM Rev&Customs lol

hazysunshine

Hiya

So once the statutory mimimum is up, is the following letter ok? (from somewhere else on this site)

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

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.

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

I require the following action from {debt agency name} :

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.


*************************************

Will this do the job??

Dylanwing wrote: »

There threat is a pile of bullocks designed to scare you. Just stick to your guns and don't give them a day over the statutory minimum.

hazysunshine

Hi everyone!

Quick update - 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 a copy of the agreement (as per the CCA guidelines) 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

CannyJock

jimbojet wrote: »

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



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???

The fact that they haven't replied in writing sounds a bit naive on their part. Anyone with any sense would have read the wording of your letter and realised "oh crap, this guy's not your typical muppet".

You've stated your position very clearly. They're banking on your letter being a bluff and that you won't follow through with any of it. You've no reason to have any further communication with them until they respond positively to your request.

If I was you I'd start working on the next step for the legal action - I'd suggest a very brief letter informing them after the 42 days that under the terms of the CCA they are now in breach and that legal proceedings against them have now been commenced. State that the court will be asked to dismiss their claim and award costs and compensation in favour of your gf.

Then follow through with it