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ruthbridge / maxwell


steve8898
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hi have been having probs with him

 

had a barclaycard and got account passed to cabot who in turn handed it to ruthbridge.

 

account is about 4 years old no ccj given to me but recieved letter from ruthbridge threatining bankrupcy unless £1400 is payed by the 30th nov

 

any help or ideas what to do have the money but not sure if they are to be trusted.

 

can they make me bankrupt?

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Only if they first confirm that they legally have a right to the debt and only if they go through the courts, sounds like the usual pay us or the world will end letter, they can initiate proceedings, but they would seem a long way from that stage if they have just received the debt.

 

Did you receive any documentation from BC or cabot about the transfer?

Have you been making payments to cabot?

Have you received any default notice?

 

Initially, Make them prove that they have legal title to the debt by way of a legally executed CCA, at the very least it will give you time and make them realise you know your rights

Hope this helps

 

 

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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First thing to be aware of is, they won't make you bankrupt. They may tell you all sorts of fairy stories, but without going to court, they are talking out of their collective bottom.

 

OK, now you say you have the money to pay. But I have to ask, if Cabot have brought Ruthbridge in to recover a debt, it sounds as if all may not be as it should. Ruthbridge are usually tasked with recovering difficult debts, such as those being statute barred, or are about to be, or may be unenforcable for one reason or another.

 

In light of that, I would be asking if Cabot have any right to collect on this debt. And if they do, is the amount they are trying to collect an accurate figure.

 

CCA Ruthbridge, making sure you write I DO NOT ACKNOWLEDGE ANY DEBT in your letter. Don't sign it. Just print your name at the bottom.

 

And SAR Barclaycard. Find out if the figure that is quoted is correct. For instance, Barclaycard may have been charging you unlawful penalties?

 

Do keep us posted. :)

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The letter you would need is as follows, (pinched from another thread) don't speak to them on the phone again. If they call refuse to answer their security questions and ask that everything be put in writing.

 

Then send them a CCA request enclosing a postal order for £1. The letter I would use is as follows:

 

(Do not sign the letter with your normal signatures (these have been known to be copy/pasted onto blank documents and posted as genuine

 

Quote:

 

To Whom It May Concern:

 

Your Reference: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1

postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

 

1.True copy of original credit agreement

2.Statement of account

3.Copy of the executed deed of assignment from (Name of OC) and (Name of DCA)

4.Fair Processing Notice.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

·The Amount Owed is Not in Dispute.

·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

I look forward to hearing from you within the statutory time limit.

Yours faithfully

 

 

 

Mr F Bloggs

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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i thought the debt had been payed by a consolodation company obviously not!!!!

 

nothing for at least 4 years then these 2 letters

 

spoke with maxwell on phone said debt was 1900ish then came back with a one time payment offer

 

if i pay is it the end of the matter???

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