Ruthbridge Response to CCA request

[Bada Bing]

I sent a CCA requset to Ruthbridge by recorded delivery which I have confirmation that they recieved on 7 April. I heard nothing until 12 May whwn I got a letter from their "Debt Counselling" Department. I didn't respond to this as they were in default of my CCA request.

 

Nothing more until a phone call yesterday from Susan Jones at Ruthbridge saying that they had the documents I requested and that they will be proceeding and that I should call them to discuss the matter. I did not call back but have the call recorded.

 

Today I received a letter from Ruthbridge threatening bankruptcy (again!) and enclosed were print outs from an account in my name which look like records from CitiCard but not copies just printed from a database. They are from June 2004 - June 2005 and show monthly balances.

 

This is clearly not my signed credit agreement and I shall be writing back to Ruthbridge to tell them that. As the 12 + 30 days has now passed I wonder if anyone could help with the wording I should put in my letter please?

 

Thanks.

[maroondevo52]

Hi, Bada Bing.

 

You could try sending them this.........

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An application form, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A application neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper Consumer Credit Agreement request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

**amend to suit your circumstances**

 

Regards.

 

Scott.

[Bada Bing]

That's brilliant Scott, thanks for the fast response!

[ScarletPimpernel]

An alternative, making use of the latest legislation:

 

Dear Curs

 

I refer to the telephone call from Susan Jones at Ruthbridge of (date), and your letter dated (date) in which you threaten me with bankruptcy. Take notice that all communication in this matter must be in writing.

 

You will be aware that I made a formal request pursuant to s.77/78 of the Consumer Credit Act 1974, receipt of which you signed for on 07 April 2008. You have failed to comply within the statutory time limit.

 

In light of this, your current activity constitutes an unlawful demand for payment, and I am advised that this is also contrary to the Consumer Protection From Unfair Trading Regulations 2008.

 

Until you comply fully and properly with my s.77/78 request, I am unable to enter into further correspondence. Any further unlawful activity will be reported to the appropriate enforcement authorities. If you are unable to comply fully and properly with my request, you should confirm this in writing, and return the fee.

 

If you do not understand this letter, you should seek professional advice.

 

Yours etc.

Edited June 28, 2008 by ScarletPimpernel

[stikky62]

Subbing

 

Ooh, i do like that one ScarletPimpernel. Short 'n sweet

[rory32]

Today I received a letter from Ruthbridge threatening bankruptcy (again!)

I would also make a complaint to the OFT about this companies conduct.

[Bada Bing]

Thanks folks. I know there are a lot of people on here who have had problems with this lot. I will see what response I get and let you know.