Its Ruthbridge Again... help!

[hidebait]

I received a letter from Ruthbridge on wednesday. I rung them and was told in no uncertain terms that the money had to be paid in full within seven days. I said i couldnt pay the money and tried to explain my situation, but as you know they wern't very helpful. I then rung Cabot who told me that i could only deal with Ruthbridge.

I rung again......in desparation to try and negotiate installments....but to no avail.

What do i do now? They have told me they are coming to my home tomorrow, and will be issuing a warrant of execution in order to seize goods. The debt is mine, £12000 (originally £7,800 when providian closed my account in October 2001) I have ignored letters and phone calls... perhaps foolishly now.

 

Where do i stand legally. I am reluctantly willing to pay back the money at a realistic payment. Is there anything i can do apart from make sure all the doors and windows are locked, and dont answer the door.

 

Any advice would be helpful. Thank You

[Curlyben]

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

As can be seen here they are talking complete Bovine Excrement.

They cannot just arrive with a court order. It doesn't happen like that. The whole court process takes alot of time and effort.

 

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, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-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 committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

I hope this clarifies some things.

[hidebait]

Thanks Curlyben, does it matter that i have acknowledged the debt by tying to negotiate installments or a payment scheme?

Are phone calls recorded?

[Curlyben]

Not at all.

Telephone conversations are NOT valid unless they are recorded and verified.

The onus is on Ruthbridge to prove that they have the legal right to collect this debt.

[hidebait]

Thanks i will get on and do this CCa. I have asked for an experian report will that give me any information regards this debt?

[oneofakind]

You should be aware that if they DO send a doorstep collector monkey round (HIGHLY unlikely) he will have no more right to be there than the guy who puts those pizza menus through your letterbox. He can't take anything, or enter your house without your permission. Tell him to go away and, er, multiply. If he won't go, call the police.

 

Ruthbridge, Cabot et al rely on intimidating people who don't know the law!

 

Get that CCA request off to them tomorrow, and stay off the phone!

 

 

 

[oneofakind]

You say the account was closed in 2001..... what payments have you made since then?

 

 

EDIT: What I'm getting at is, account closure in Oct 2001 would put it right on the verge of Statute Barring, if you've made no payments since then.

[Curlyben]

Cheers OneOf, I missed that.

Yes when was the last acknowledgement in writing or by payment on this account ?

Would certainly explain Ruthbridges heavy actions when called.

They want to get a payment to possibly reset the Statute Barred clock

[hidebait]

Thanks guys for your info.

Providian closed the account in oct 2001 and i have made no payments since then.

Ooh all this stuff is so complicated. I feel reassured about the debt collectors and will send the letter off, by recorded post.

[Curlyben]

In that case it is Statute Barred and unenforceable.

I'd send them letter M from the link earlier and see what they ahve to say for themsleves.

[ODC]

What do i do now? They have told me they are coming to my home tomorrow, and will be issuing a warrant of execution in order to seize goods.

Oh dear our old friend Ruthless again talking absolute Crap. They must have suddenly aquired new powers. I always thought it was the Courts who issued Warrants of Execution. As other posters have pointed out Ruthlesses threats are absolutely groundless. They are one of the most arrogant and ignorant bunch of twats it has ever been my misfortune to deal with. Because of their attitude they make themselves an easy target to deal with. The CCA letter is just a start. We all can predict their likely response and some of us will help you deal with that when it comes. They read CAG regularly and despise us and indeed will quote some of us personally in their calls. NEVER SPEAK TO THEM ON THE PHONE.

 

You will probaly receive a postcard or a telgram from someone claiming they have a parcel to deliver to you and ask you to phone 0870 *******

 

THis is just another of their childish games and all good ammunition for your eventual complaint against this rabble. STick with CAG and follow the advice you will get here and together we will soon dispose of these people.

[cerberusalert]

It looks as if this is right on the margin of being 'Statute Barred' & these monkeys are clutching at straws...that's why they're being so heavy-handed.

 

CCA the beggers, the chances are they won't be able to produce the necessary paperwork...plus it'll definitely bring it into being 'Statute Barred' anyway:grin:

[ODC]

I wouldnt waste the quid on them as its so close to being statute barred anyway. They have to prove its not statute barred.

[hidebait]

Hi Guys,

I got my experian report today which makes no mention of this account at all.?????

It also doesnt include an arrangement i set up roughly at the same time (which incidently has been paid religiously).

Ho do i find out what has happened to this?

Ruth....sent me a letter today wanting no furher communication, threatening bankruptsy, but the template letter hs not been completed correctly, so the letter states that they will accapt a lum sum payment of £, which must be received no later than. Make sense of that if you can

[ODC]

Ruth....sent me a letter today wanting no furher communication, threatening bankruptsy, but the template letter hs not been completed correctly, so the letter states that they will accapt a lum sum payment of £, which must be received no later than. Make sense of that if you can

Rough translation.

 

They have diddly squat and are trying to get some money from you for their troubles.

[firstwithit]

Send statute barred letter and dont sign it, print your name!

[Bigbearuk]

believe me you can beat these people at ruthless with the help of the guys from here i got them off my back by sending them the letters from this site.

[hidebait]

Thanks everyone for your support and advice so far, will keep you posted x

[djdave]

It could be missing from your credit report if it was registered as a default more than six years ago. But I wouldn't waste your energy worrying about that, as others have said if it's not already stature barred it'll only be a matter of weeks.

 

In the HIGHLY unlikely event of Roughbitch sending anybody round, remember that they have absolutely no legal powers and you do not have to let them in. Politely but firmly tell them to go away (through a letterbox if you feel more comfortable), and if they refuse tell them you will call the police. Should they still refuse, call the police and report a breach of the peace.

 

And as others have stated, never ever speak to them on the phone. Ever! If you need to write to them, ensure you start your letter with I do not acknowledge any debt in nice big letters.

 

If you hear any more from them, let us know, but they'll probably crawl back into their shell and leave you alone

[cmad69]

Hello, hidebait!

Just been reading through your post. PLEASE don't panic!

I had the same problems with Ruthless a few months ago, and with the help and advice of the guys on this site, they soon went crawling back to their hole!!

Yes they WILL send you threatening letters, and yes they WILL try to bully you over the phone, but if you read the advice these guys give you, and carry it through to the letter, you will eventually win through. The main thing is to stay calm and not to worry, and i'm sure it'll all be good in the end.

Regards, CMAD

[hidebait]

Hi again. Got a letter from these guys yesterday.... "without prejudice" explaining that they would be now advising cabot to take bankruptcy proceedings!!!

How can i find out whether this account is statute barred. Default notice on 17th Oct 2001, no contact with creditors since. Nothing on my credit fies, no ccjs.

Is it time to send a statute barred letter? Or do i just ignore them and see what they do next.

[ODC]

Uf you are fairly sure of your dates hit them with the Statute Barred Letter. Its up to them to prove otherwise

[hidebait]

Thanks ODC, will get that done monday.

[hidebait]

Thanks to you all, I can almost predict what is coming next in the post.

I have now received "litigation department letter" telling me to pay up.

As yet I have not made any contact with this company apart from the intial phone call on receipt of their first letter.

I am left wondering why i haven't been bombarded by phone calls, I did not withhold my number when i calld them.

My quetsion is.... this debt must be nearly statute barred if not already. Is it worth sending a SAR to providian to make sure?

Ruthbridge have sent me four letters to date, one each week, so feel i have got off lightly compared to others......so far

[ODC]

Have you CCAed them yet