Threatening bankruptcy!!!

[chno9]

Hi

I have just received a letter from Ruthbridge LTD, with regards to a very old debt that i have with Barclays. I have not made any payments since the account with Barclays was closed in approx 2002. The debt does not show at all on my credt report, and to be honest i had forgotten all about it.

I have received two other letters recently from the same company, demanding repayment. The one i received today says that they have recommended that their client should start bankruptcy proceedings.

Apparently i would have to go to a creditors meeting where everyone i owe money to would discuss my indebtness.

A bankruptcy order would be made public in the London Gazzette, and my local newspaper.

My goods etc would be seized, and a shortfall in the amount needed to pay all credtiors would be taken from my wage.

If i don't cooperate i will be declared bankrupt immediately.

Now i'm no expert on how these matters work, but my instinct tells me that this company are a bunch of chancers. I can't imagine that a company can make you bankrupt immediately, especially if they have only written to you over the space of one month.

Has anyone else had to deal with these jokers, and what do you recommend as a course of action. I really don't mind paying the debt off, but it has almost been six years since the actual account with barclays was closed, and from reading this forumn i gather will be statute barred soon.

Any advice or comments would be great.

Thanks

[alexteh]

Send them a CCA request asking to see the agreement. If they provide a satisfactory one (highly unlikely to be honest) then S.A.R - (Subject Access Request) them and see if there's any charges you can claim back. Both of these actions put the debt into dispute meaning they cannot enforce it until they have complied with the debt. Don't forget to add "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" at the top of any letter and send all letters by recorded/special delivery. If they phone you, tell them politely that you will only accept communication in writing and hang up.

Good luck!

[chno9]

Thanks alexteh.

Do you know if they can bankruptcy order against me immediately? I doubt they can but would appreciate it if someone in the know can clarify the situation.

Thanks

[sequenci]

Originally Posted by chno9

Thanks alexteh.

Do you know if they can bankruptcy order against me immediately? I doubt they can but would appreciate it if someone in the know can clarify the situation.

Thanks

first, they would need to serve you with a "statutory demand", this would be a formal notice to tell you of their intentions. you would get 18 days to contest it or pay etc. they would then serve you with a creditor's petition. bankruptcy proceedings are very expensive for a creditor to use. have you any assetts such as a house etc?

certainly send that CCA request.

[chno9]

Will definately send that CCA.

I don't have any assets in my name, apart from my car. this could easily be transferred to someone elses name if need be.

[Duffers Mum]

Would also think that if nothing has been paid on this since 2002, it would be statute barred by now, or coming very close to becoming statute barred

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anythin.

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.
This is achieved by requesting a copy of the Signed, Excuted Credit Agreement via a Consumer Credit Act (CCA) request.
There is a template letter to be found here: http://www.consumeractiongroup.co.uk...templates.html
Letter N.
Is it important to start the letter:
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.
If a FURTHER month passes then the DCA has commited a summary criminal offence and the matter should be refered to Trading Standards for action.

I hope this clarifies some things.

[chno9]

Thanks everyone this info is really helpful.

Has anyone had any dealings with Ruthbridge LTD before?

What was the outcome?

[chno9]

Sending my CCA request to Ruthbridge today, and as far as i am aware i need to send £1 as well. I have read on this forum that some people have had this £1 used as a payment against the debt. Is there any way to stop them doing this, and what would be the best way of sending this? I don't have a cheque book.

Thanks

[Curlyben]

It doesn't matter what they do with the payment.
The fact you have sent it with a properly formated CCA request is all that matters.

[chno9]

I have added

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This shall not be used for any other purpose than the intended.

I can't send them a cheque, would a postal order be alright??

[alexteh]

A postal order would be perfect - in fact, as it doesn't have your signature it's better than a cheque in my opinion. Also make sure you don't sign the letter with your usual signature - I always just write my name in pen instead of signing it as some DCA's have been known to try the old cut/paste of your signature into a blank agreement...

Not saying this one has but its better to be safe than sorry...

[chno9]

great stuff, off to post it now. will keep people posted with their reply.

Cheers for everyones advice so far it's been much appreciated.

[Jeff2000]

Originally Posted by chno9

Thanks everyone this info is really helpful.

Has anyone had any dealings with Ruthbridge LTD before?

What was the outcome?

Hi,


I have not had personal dealings with this particular vulgar company, but the bankruptcy threat is a common bullying tactic from this company!

Please note, they never say they will make you bankrupt, they just say that they will recommend bankruptcy to their client!


Regards, Jeff.

[chno9]

Hi. I have waited for the 14 working days to elapse,(from them receiving the CCA request), and surprise surprise i have not heard a dicky bird from them.

Do i need to send them anything else to reinforce the fact that the debt is now in default? Or will they now just crawl back under the rock they came from?

[sillygirl1]

Report them to the Trading Standards people once another 30 days has gone by. Don't chase them, let them chase you (after all thats what they did...)

I think if this debt doesn't show on your credit score then it almost certainly is statute barred and they could be reported to the OFT and Trading Standards.

[Curlyben]

Chno9, WAIT until they pass BOTH deadlines, then as sillygirl suggests report them to TS, BUT only after they start demanding payment again.