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meekle

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Posts posted by meekle

  1. Thanks for your replies. Currently (allowing for postal strikes - gave them an extra two days) we are on day 19 from the day the original CCA request was posted to them. Do i need to write to them to tell them the error of their ways, or do i leave them to blunder on towards the 30 days? Are these 30 days working days or calendar days?

     

    The reference number on my wife's letter is totally different to the reference number on my letter, i assume it is because they have been written by two different gibbons at the zoo. The amount of money outstanding is the same - give or take £20. Should i SAR them as well, or should the SAR go to Welcome?

  2. Dear All

     

    Well the time is up - even allowing extra time for postal strikes Ruthbridge have now exceeded their CCA time request. So now what do i need to do? Do i write to them explaining that they have failed to provide the CCA therefore "poke off"??

     

    On another point, Ruthbridge have now written to my wife this week, the same letter of "bankruptcy proceedings" that i got. Now, i dont recall this as a joint application, but it might have been i suppose. How else would they get her name? If it was a joint application, wouldnt the letter be adressed to us both? or at least if separate arrive at the same time as the same clerk would have proceesed the case?

     

    Anyway, if it were a joint application, wouldnt the fact that my CCA request never showed up, kick this new letter into touch, or are Ruthbridge fishing for another 12+2 days by getting the wife to CCA?

     

    If the wife asks for a CCA, doesnt that get them another 14 days to find mine? The letter is sent by a different clerk, and as yet, we have had no funny phone calls at all, but we have had a couple of postcards asking us to "call about a parcel"

     

    Any ideas what to do in this circumstance?

  3. well, the 14th August has been and gone, and therefore without the CCA Ruthbridge have technically defaulted. HOWEVER, due to uor friends at the Post Office going on strike, it appears that once checking the Royal Mail site for delivery details, it appears that the letter wasnt delivered until the 6th of August 2007. Therefore, do i take the 12 days from the date of delivery, this means that Ruthbridge have until 20th (12 + 2 days) to reply, is that correct?

     

    Assuming that they cant provide the CCA within this time, whats my next step??

  4. i did forget to say that she has left the company now. she now has another job where they treat her better.

     

    looking at the history of the director and his previous scompanies, they all have gone bust within 14 months. this means that he has not had to pay any corporation tax as the company does not exist!

     

    interesting to note that although her payslip shows tax and NI being deducted, after speaking to Inland Revenue they have no record of any tax or NI being paid by her NI number for the last year.

     

    If the company has been deducting tax from employees, but not giving it to the taxman, doesnt that make things a bit more interesting? is it worth getting the Inland Revenue involved as surely this is now defrauding the government?

  5. Hi all

     

    My sister in law is in the process of taking her employer to tribunal for failure to pay the staff.

     

    she is currently owed about a £1000 wages and the other staff owed about the same. The tribunal date has been set, but the employer has put in a defense stating that as my sister in law was the payroll clerk (only producing payslips not actually doing pay runs) then she was responsible for paying herself and as such has been paid fully and up to date.

     

    She has no authority on the signatures for the cheque book so i feel this is a lame excuse. Her employer is also asking for compensation for the paper and printer use to date to write her tribunal letter, yet i have the original here as she did it on my pc!!

     

    The main point i am really worried about is that a quick check on companies house shows that the directors of this company keep winding up the company at the 11th hour. they have doen this around 6 times to our knowledge. They employ Polish workers as they dont know our system, and when she said that she wanted paying or she would take them to tribunal, the employer laughed in her face and tore up her letter challenging her to do so, stating "you'll never get a f*&king penny out of me, no one has"

     

    They seem to wind up at 11months so taht the polish workers dont qualify for their employment rights.

     

    Is there any way we can check that the company is not currently being wound up, and can we find any information on whether they have had previous tribunals against their companies that might help in her defence at his tribunal.

     

    I just feel if we can prove to the courts that this is a common occurance, things may be stacked in my sister in laws favour.

  6. it has never been acknowledged or paid as i was unaware of it at all!! like i said, i have had nothing to do with Littlewoods for years.

     

    lets see what the CCA comes up with. Assuming (correctly i am sure) that the CCA doesnt arrive within the 12 days, what do i do then? Can action to enforce this so called debt be taken after this point?

     

    if my memory serves me right, the last time i made any payment to Littlewoods would be around october 2000 ish give or take a month or two.

  7. Hi all

     

    after some great advice on earlier posts, i had a letter from CapQuest ref littlewoods account.

     

    I havent had a littlewoods account since 2000, so i CCA'd them to find out what the debt actually was for and for how much. checked my credit file and cant see anything on there regarding Littlewoods.

     

    Had a reply today to my CCA thanking me for requesting the information, which they need to provide by 16th August, and whilst they investigate this matter, would i be interested in taking part in a new pilot scheme where they wipe off 75% of the alledged outstanding amount and just settle for the reduced amount.

     

    Is this an indication that they have a very weak defense regarding this debt and it represents their desparate attempt to claw some monies back?

     

    the advantage i have is that they have set the expiry date of this "special offer" for one week after the CCA request defaults, so if they do come up with the CCA, and somehow it proves legit does this represent a "get out of jail for free" card?

     

    Has anyone else been offered "the pilot scheme to reduce the debt outstanding"

     

    Answers on a postcard please!

  8. I have an outstanding overpayment of housing and council tax benefit from when i under went chemotherapy. I have put it off as i have had more pressing issues, but now i have had a letter stating that a bailiff will be attending.

     

    My questions are thus:

     

    there is no CCJ or similar on either of my credit files suggesting that any kind of liability has been sought for this debt. Infact, there is no mention at all of it. Can it therefore be enforced? does it need to be proved that i owe the debt?

     

    i will be at work when he is likely to turn up, but my wife will ikely be home. can he gain entry to the property and possessions via her if the debt is in my name only?

     

    she has a car registered in her name, can he impound it for my debt?

     

    any other advice, as i intend to clear this at the end of the month when i get paid?

  9. heres a laugh - just got home from a weekend away and there is a letter on my doorstep from Ruthbridge, stating " after careful consideration by our client, we have been authorised to reduce the deby owing by 40% and will take a cheque for £xxxx as full and final settlement of this account"

     

    are they having a laugh? i dont even know if they can legally demand payment, let alone offer a reduction authorised by their client. i assume that they are fishing again!!

  10. well the clock is ticking now, they have until the 14th of august to reply to my request for the CCA. we will see where that goes. Thanks guys for helping out.

     

    i must admit, this has scared me so i got a copy of my credit file from both experian and equifax. it wasnt as bad as i thought!!

     

    it has recorded several credit checks for various companies that i have applied to in the past, but also one from a company called STA who turn out to be a DCA. does this mean there is something in the pipeline and i need to scan the post box??

  11. thats great bigbear, assuming that they can produce the CCA, i will post a copy up here so that someone can let me know if it is genuine and enforceable.

     

    I was wondering, if they do have a valid CCA, then what do i do? if i offer payment terms in writing can the ignore this offer or do they have to accept it? They have already told me on the phone that they expect all or nothing. They also told me that they are authorised to lower the debt by 40% by their client. I thought that they had purchased the debt from Welcome so therefore surely they are their own client?

     

    I have checked my credit file and there is no CCJ registered against this debt as of today. Does that make a difference?

  12. i have written the letters today and posted them recorded. The SAR gives welcome 40 days and the CCA gives Ruthbridge until the 14th August to reply.

     

    During these times, can either of these two companies start any litigation action against me? Ruthbridge threatened to start bankcruptcy proceedings on the 20th August, this only gives me 6 days to sort something out between the end of the CCA and when they wish to persue bankruptcy?

     

    Will these letters stop the bankcruptcy or just delay the inevitable? can the bankcruptcy carry on whilst these letters are going back and forth?

  13. Tau - the car is financed in my name, not the companies through one of these "credit repair" finance schemes.

     

    Clutching at Straws - using a quick ready reckoner - i figure that the last payment they received was around mid 2002, so therefore from reading this forum, i dont think it is statute barred. Should i seek a solicitor to deal with this? i do have monies tied up in the company i can release to engage the services of a solicitor, i am just begrudged to release monies to pay a debt that i am not entirely sure is the correct figure, and to someone i have never heard of before.

  14. ok - me being stupid here, whats a CCA and SAR?

     

    They tell me that i have until the 20th August to come up with the £1400 or it goes to bankcruptcy.

     

    i am thinking of getting a solicitor involved as there is more important things than this £1400. If they make me bankcrupt then i lose my income stream completly and any means of earning money as they will seize the assets of the business and my car which is on finance will need to be returned to the finance company.

     

    can they seize the assets of my business as it is a limited company, i know they could if i was a sole trader by i thought that a limited company was a legal entity in its own right?

     

    i have asked them on the phone to supply a statement of all payments made on the account and i asked them for a copy of the credit agreement and the exact date of the default on the loan. I also asked them to prove to me that they indeed had the debt to welcome signed over to them as with all due respect, anyone could call me up and say that i owe them money - how do i know that they are for real?? I was curtly told that i was just stalling for time and that they would only issue those documents with the petition for bankcruptcy

  15. Hiya

     

    I took out a loan with Welcome finance in 2001 and made some payments. I was since made redundant and then ended up having chemo therapy for two years.

     

    i assumed that the critical illness insurance and redundancy insurance i took out covered this. how wrong i was. i have been informed by welcome that the insurance was invalidated as i didnt keep up the repayments whilst i was getting the chemotherapy.

     

    That was in teh august of 2001, and to cut a long story short, when i had no money, welcome were the least of my worries so i ignored them.

     

    Two weeks ago i got a letter from Ruthbridge telling me that their client "welcome finance" were persuing bankruptcy. The debt has gone from £500 to £2800!! The will settle for out of court for £1400 if i pay it by 20th August. I am self employed through a limited company and recieve 275 per week total income.

     

    I have spoken to them on the phone and offered a payment of £25 per month to clear this debt and they have told me that this is not enough and will continue to persue bankcruptcy.

     

    What do i do now? i have explained to them that if they make me bankcrupt i can no longer act as a company director and therefore my company gets shut down and i get no income at all.

     

    I have stated to them that it is in the interest of Welcome to accept the payment terms as if i am made bankcrupt they are unlikely to see any money at all, as i llive in rented accomodation, and all the computers, phones etc are in the company name not mine and therefore are not seizable assets.

     

    am i right in saying that i have made a genuine offer of payment and that they should accept it, or are they trying to bully me into getting finance that i cant afford to pay them off?

     

    Any help would be appreciated.

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