Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Can anyone help me? I've been threatened by Ruthbridge over a loan I took out with Welcome Finance in June 2002, for £1200. I completely forgot about the debt ( my own stupid fault ) and have moved house 3 times since then. Ruthbridge have now told me that I have to pay them £2756 or they will make me bankcrupt. I have checked my credit file and there is not a CCJ from them on there, but it does show that they have bought the debt in 2006 and that I have 'defaulted' on it.
I have spoken to Welcome Finance and they informed me that the debt was sent to 3/4 different collection companies, but that it has now been sold, so they can't help me any further.
Ruthbridge have given me until Wednesday 21st to get back to them 'or bancruptcy proceeding will be instigated'.
I'm not in a position to take out a loan to pay this money back and they won't accept installments ( I didn't offer - he told me that I must pay the full amount and that nothing else would be considered ).
Can anyone help or offer any advise on my situation, I don't want to lose my home!
Rule one: don't have any dealings with them over the phone.
Write to them using the template letters on this site, saying you do not acknowledge any debt and requesting a copy of your agreement. This is your right under the Consumer Credit Act (CCA).
Chances are they won't be able to produce an agreement, or even if they do it'll be flawed. Post again when you get it and people will be able to advise.
If they can prove the debt exists, they'll have to accept payments even if you can only afford a token sum. They have no right to force you to pay the full amount if you can't do so.
Hope that helps, I'm sure others will offer advice too.
Another thought: if they've told you they'll "make you bankrupt" I believe that could be taken as threatening behavour and in breach of their licence. Any thoughts, anybody?
are you in mortgaged accomodation? if not then it would be unlikely that they will carry out bankruptcy proceedings.
if they have your paperwork then you should send them your personal budget sheet and make a reasonable offer of payment. the oft guidance on debt collection states that it is an Unfair practice for a collector to force you into paying unrealistic and high amounts. threatening behavour also breaches the administration of justice act 1970 (sec 40) - it's harrasment of debtors.
I am in mortgaged accomodation. I have only had my house for a year and can't stand the thought of losing it.
Where will I find the templates on this site, I'm new to this
Also, what do I do if they phone again? They were really nasty on the phone and I'm scared of what they will dfo if I just hang up on them?
Sorry to sound like an idiot, but this thing has really knocked me for six and I'm scared of losing my home.
You'll need letter N - include the phrase "I do not acknowledge any debt".
If they phone again, be firm but polite and say that all further communications must be in writing, then hang up. They can't touch you for that. Have you got / can you get caller ID and/or Choose To Refuse? Worth every penny, they are.
When you write, be sure to include a paragraph re-stating that all further communications should be in writing. Send it recorded, keep proof of posting, let us know what they say.
They have phoned again with even more abuse! The first time I hung up on them and they phoned 3 more times. I warned them that I had nothing to say to them over the phone and that they must put everything in writing. At this point they told me that they would be issuing a statutory demand and that I had no option to pay the full amount withing the next 18 days! Otherwise I would be declared bancrupt!
I didn't reply to his demand and promptly put the phone down, but this has shaken me again. Can they do this????
I have sent them the CCA letter as suggested in the earlier threads, today, but obviously if they have 12 days to reply to me and I only have 18 days before they make me bancrupt.
Any suggestions / help will be very much appreciated.
They have phoned again with even more abuse! The first time I hung up on them and they phoned 3 more times. I warned them that I had nothing to say to them over the phone and that they must put everything in writing. At this point they told me that they would be issuing a statutory demand and that I had no option to pay the full amount withing the next 18 days! Otherwise I would be declared bancrupt!
I didn't reply to his demand and promptly put the phone down, but this has shaken me again. Can they do this????
I have sent them the CCA letter as suggested in the earlier threads, today, but obviously if they have 12 days to reply to me and I only have 18 days before they make me bancrupt.
Any suggestions / help will be very much appreciated.
They cant simply declare you bankrupt. They would have a lot of legal procedure to go through first of all. I stand to be corrected but I thought the amount had to be over 500 before thaty could apply to make you bankrupt. The Courts are the ones who will decide. DO NOT EVEN TALK TO THEM ON THE PHONE. Send them the harassment letter too
It's £750 before they can even apply for a Bankruptcy petition which I am sure they won't do anyway. Send the CCA request disputing the debt and they can't do anything while the debt is in dispute. Chances are they won't be able to produce an agreement anyway which makes the debt unenforceable. As said earlier send the harrassment letter as well.
Keep a note of when they phoned, too. It's well worth getting caller ID and, if they're not witholding their number, Choose to Refuse.
They're trying to grind you down even though the very fact you're asking these questions shows you're trying to do the right thing. Don't give in to them.
If you need any support, I've found this forum to be excellent.
If they do call again before they adhere to your harrassment letter...FIRST thing to say to them is.."Can you hang on a minute please, I wish to record this conversation"...leave a dramatic pause, then say "OK Carry On." ....
If the Banks maintain their charges are transparrent and fair, then why appeal against the decision which allows them to be investigated?
If they do call again before they adhere to your harrassment letter...FIRST thing to say to them is.."Can you hang on a minute please, I wish to record this conversation"...leave a dramatic pause, then say "OK Carry On." ....
And before you have finished saying OK Carry you will hear a loud click as the highly trained operative at the other end panics and hangs up
If they do call again before they adhere to your harrassment letter...FIRST thing to say to them is.."Can you hang on a minute please, I wish to record this conversation"...leave a dramatic pause, then say "OK Carry On." ....
if you have a touch tone phone press one of the keys to add some sound effects.
I had same problems, please listen to advice offered to you . I sent a CCA request out and they have sent orginal agreement but three days after deadline. They threatened me with bankruptcy and other things but they will not get any more than I can pay and even less if we go to court. Be firm and brave and paythem no more than you can afford . All the best
I have had problems with this company for months after a loan they contacted me about 8 years after the original loan company stopped communicating to me.
I have had bully boy tactics all the way through and they are very threatening. I have just got off the phone to them telling them about the advice from this site.
I remained firm but polite but they weren't, the person quoted before hanging up "I've had enough now we are now going to send the bankruptcy papers out"
Hi, I had my first letter from Ruthbridge 8 months ago and despite me disputing the debt and asking for a copy of my CCAs they have now sent me another letter threatening me with bankruptcy. I too have a mortgage and as i also work in finance this puts my 9yr career in jeopardy. After following your advice I am sending one of the letter templates which refers to my right to receive a CCA and that i want all further comunication in writing. What do i do next though if they do not respond within the 12 day time scale? I feel better after reading all of your comments but am still very scared.
Help!
You have already sent them a CCA so they are in default and have committed a criminal offence. The ALLEGED debt is in dispute and they cannot do anything about it. You do not have to CCA them every time they come up with a new threat
Ruthbridge Ltd
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Originally Posted by devlin76
panics and hangs up