Jump to content


Ruthbridge Court Action


onest_bob
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5077 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I was contacted about 2 months ago by ruthbridge stating that i owed £756 for a loan that i had through nova retail finance, And i am sure i paid this off about 5 years ago but havn't saved any paperwork. anyway the debt has been passed onto cabot at about the same time i paid it.

 

I sent a letter to cabot asking for a copy of the agreement and statements of the account, which i believe i am entitled to by law.

 

i then recieved a letter from ruthbridge stating that debt collectors are coming to my home to collect in person unless i pay a reduced amount of £350. I replied to ruthbridge by letter stating i dont acknowledge the dept and i am waiting for proof from cabot.

 

I recieved a reply to that letter which said to call them, so i did. i explained to them i want to see the documents and i was told they arn't going to send them to me but they will produce them in court. he basically then said i'l see u in court, goodbye. and hung up.

 

My question is am i within my rights to get this information before hand or can they just produce documents in court. i think they are bluffing and have no documents but would like to be sure.

 

any help would be appreciated, thanks.

Link to post
Share on other sites

yes you are within your rights, and LEGALLY Ruthbridge have to comply within 12 working days of you request

 

complain to Trading Standards if they dont comply

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

Link to post
Share on other sites

Hi if you made your request for a true copy of the original agreement etc under s77-s79 of CCA 1974 and paid the stat fee of £1 then this is a legal request that they are required by law to send you the copy of agreement etc within 12+2 working days if they don't then they are in default and if they do not comply in a further 30 days they have committed an offence.

 

If they do try to take you to court they you can require them to produce the documents under CPR etc.

 

all the best dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

Link to post
Share on other sites

What Is Cpr, Reason Asking ,trying To Get Ppi Policy Document And Copy Of Policy Number, Not Produced In S.A.R - (Subject Access Request). Company Will Not Respond To My Request

 

CIVIL PROCEDURE RULES

 

Just a brief excerpt

 

The Civil Procedure Rules enable the court to take into account compliance or non-compliance with an applicable protocol when giving directions for the management of proceedings. Non-compliance has led to the commencement of proceedings which might otherwise not have needed to be commenced, or has led to costs being incurred in the proceedings that might otherwise not have been incurred.

 

Not 100% without looking this up but I think CPR 4.6 can require them to produce the required document so that we may then be able to negotiate a settlement of any claim without wasting the courts time.

 

I have not as yet had to go further than quoting CPR in letter before action etc.

 

Another possibility could be that PPI was not provided by original provider they were agent for insurance provider on loan/credit card etc.

 

this is link to documents I used as a starting point.

 

PRACTICE DIRECTION – PROTOCOLS -

 

all the best dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

Link to post
Share on other sites

If you haven't had anything from the Court yet, I would send another CCA request by recorded delivery enclosing a £1 potal order - and sign your name electronically eg italics etc in a different font.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

Link to post
Share on other sites

Oh I forgot to add, use one of the template letters to make sure the wording is correct.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

Link to post
Share on other sites

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

 

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 once the DCA continues to demand payment.

 

I hope this clarifies some things.

Be VERY careful whose advice you listen too

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...