Ruthbridge Letter

[42man]

Write on the letter that the £1 postal order is to be used ONLY to comply with my legal request and head the letter - I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU REPRESENT

[Cheeseybob]

Thanks, have done that

Here is the letter to Barcalycard Masterloan that I want to send off - please feel free to amend, as I say I go off/on a bit....

I refer to my telephone call to your office in Sept 08, when I spoke to a member of your staff re my ex husband xxxxxxxxxxx.

He has not resided at this address since the beginning of 2006, after he returned to England, and I have no knowledge of his whereabouts now.

I believe you sold this debt onto Ruthbridge Ltd in Twickenham, without correspondence (as far as I am aware, nothing of this sort has ever arrived at this address).

I am putting the onus on YOU, as I am now receiving letters from Ruthbridge threatening Banckruptcy at this address. This debt does not belong to me. Ruthbridge do not want to listen or acknowledge my letters telling them this, they are arrogant, abusive and disgusting to talk to, and I think you are unaware of the type of people you sell debts on to. For this, I put the onus on YOU.

I do not know if there was PPI on this loan, his company ceased trading in 2005 and as far as I am aware, he informed his creditors that this was happening. If you did not take action on his letters back in 2005, again I put the onus on YOU.

I would like it in writing from yourselves that I am NOT responsible for this debt, and that you have requested Ruthbridge to remove my address from their files and cease their collection activities, this I demand from you within the next 14 days.

Failure to do so will result in me informing the OFT and TS of your disgraceful behaviour.

 

I am in the process of sending the letter and postal order off, my friend will have to do that for me from England, and then I will see what happens.

If Barclaycard come back and say that they cannot talk to me about the debt of my ex, (which they told me on the phone) will Ruthbridge keep hounding me if Barclaycard sold the debt on or does Barclaycard still hold the CCA? I do get confused ... must be my age ha ha

[Cheeseybob]

bump in anticipation

[maroondevo52]

Hi, Cheesybob.

 

The Origional Creditor will hold the CCA. If it's a joint loan, they should provide you with the CCA.

 

Regards.

 

Scott.

[Cheeseybob]

Good evening Maroon, The loan was my ex husbands, I have never had a loan or bank account with barclays. Did you read my proposed letter to them - is there anything that needs altering before I send it. I want them to be aware that this debt has nothing to do with me or my address here and to remove it from their system.

[Cheeseybob]

Hello and good morning everyone, an update on what has happened. My friend sent me a special delivery envelope instead of the recorded delivery sticker, anyways, I used this to send the CCA off for my ex husbands loan that I am being chased for. I have been online everyday to see if the letter has been signed for and nothing, so a phone call to Royal Mail yesterday and they say they will have to investigate and call me back. No call, so called back this morning and they said they will still need more time. So I rang the postal order clearing number (see seperate thread) and they have confirmed that the PO was cashed on 19 Nov, so Ruthbridge must have my letter. Rang Royal Mail back to complain that my letter has obviously been delivered as PO was cashed and said I want a refund, they say they will still have to investigate. So either there is a dodgy postman in Twickenham that allows Ruthbridge to take the letters without signing or someone else has cashed it !?!

So, does this also mean that Ruthbridge will send the CCA now they have cashed the PO or will they offset it against my ex husbands debt, which they can't do as I have paid it and surely it is against the 'law' to pay someone elses debt - or am I wrong on that.

Answers on a postcard please but do not send Special Delivery . Hey ho soon be Christmas!

[spamheed]

Quite often a postman will be delivering a huge number of items and will not receive a signature for each single item, whilst this is not the service you paid for it seems to be a standard procedure.

 

Don't worry too much about the prrof of Delivery, you can prove that the PO was received and cashed, therefore they have recived your letter.

 

I would still complain to RM as they have not provided you with the service you have paid for.

 

With Regards to Ruthless, you need do nothing more, they are now in receipt of a legal CCA request and should either respond to it, or refuse to respond on the grounds that you are not the debtor, which in itself opens a completely new can of worms ie data protection and harrassment issues

[Cheeseybob]

Have they just opened up a can of worms by cashing my postal order? I think my 12+2 days are up on 30 Nov if I am correct in thinking they received it on 17 Nov. I wrote to them twice telling them that my ex no longer lives here, but deaf ears and all that!

I have also written to Barclaycard Loans complaining that they have put me in this position by selling the debt on without prior notice, as I could have stopped all this. I have given them 14 days to sort this problem out. I wrote to their complaints department, so hopefully I have started on the right foot with them by doing that first. I get confused in what order you should do things, long time since my credit control days....

[Cheeseybob]

Sorry, forgot to say thanx Spamhead.

[Cheeseybob]

Sorry, Spamheed, dyslexic moment there.

So, my postal order has been cashed, what if I don't hear from them by the end of the month with the CCA and they put the £1 towards my ex-husbands debt, what is the course of action I need to take then. Is this legal? I have no assets or property in England, so I don't know if they can try to take it to court, unless of course they find my ex before I do. I cannot afford the airfare back to England tocontest something that isn't mine, my father is very ill in England at the moment and I cannot afford to go back to visit him this side of christmas as the flights are astronomical.

Thanx in advance.

[Cheeseybob]

Good afternoon everyone. I sent the CCA request for my ex's loan on 17 Nov, so the 12+2 days are up on Monday.

The postal order was cashed on 19 Nov so I assume I 'will receive the CCA !?'. I would like to know now is do I just wait to see what happens or do I jump the gun and send the 'in default letter.'

I need to amend some of the letter as the loan has nothing to do with me. On the second paragraph I would like to say:

On 17 Nov 2008, I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. I also note that my postal order in relation to requesting a copy of Mr. XXXXXXXXXXXX Consumer Credit Agreement was cashed on19 Nov 2008 and I seriously hope that you have not put this money onto his account as this would be a serious breach of Data Protection??? (not sure here) If you have done this, (and it clearly states that the £1 postal order was for the CCA), I would expect you to now remove this from his account. If you do not supply me with Mr. XXXXXXXXXXXX details, I request that you send me my postal order back - oh yes, you can't because you have already cashed it.....

I will also have to amend other parts of the letter too, to correspond with the ex's name and not mine.

I am happy to wait as I haven't heard from them since 9 Nov, I am just interested to see what they have done with the postal order. If they have put this onto my ex's account as a payment, where do I stand with that?

Thanks in advance.

[Cheeseybob]

Hello, Can I please ask someone to just run through the paragraph of the letter I will need to send, to see if it is ok, or if a certain paragraph needs to be a little less condescending.

Also should I send this letter or just wait to see what their next plan of action is and what happens if the £1 has gone onto his account. What action can I take against them?

Many thanks

[Cheeseybob]

Bump please, as my letters take longer to send from France, I am sorry to annoy people.

[42man]

Nothing much else you can do, Ruthbridge do take the £1 off the debt, but then again it is up to them what they do with it....just keep your paperwork and rec delivery slip, when the 12+2 working days is up then send them this

 

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[spamheed]

To be honest I wouldn't send them anything, this is not your debt and sending further letters would resolve nothing.

 

If they continue to threaten you for someone elses debt, even after you have advised them of your status, they are in breach of OFT guidelines and should be reported.

 

If they reply to the CCA request with anything other than a letter advising you that you have no right to this information, then they are in breach of the Data Protection Act and need to be reported the the ICO.

 

If they reply telling you it's none of your business, then they are admitting that they have been pursuing the wrong person at the wrong address and you should complain to the OFT

 

Either way they cannot win

[Cheeseybob]

Thank you 42Man and Spamheed. I was just having a silly girlie sob day yesterday and feel frustrated that these people just don't take any notice. I know I am in a win win situation but I just want to make sure that i dot all the i's and cross all the t's in the right order before making a complaint to the 'official bods'. I have kept a clipping of the newspaper report of the elderly lady from Bangor who was harrassed by Ruthbridge for 18 months, this I am going to send to Barclaycard to show them what sorts of parasites they are. It is Barclaycards fault in the first place. I know they are a law unto themselves but is it legal to put my payment onto someone else's account? I feel better today, new week, new month, same **** - did I say I feel better Ha ha :grin:

[Cheeseybob]

Hello everyone. I was hoping I had heard the last of this 'debt', but today I have received an Annual Statement from Hillesden requesting the amount of the loan taken out by my ex husband. I have sent them back a letter advising them to 'pop next door' to Ruthbridge and get the file and have a look. I sent a PO in November to Ruthbridge, requesting my husbands CCA. The PO was cashed and to date I have received nothing. Are Ruthbridge in breach of the CCA for passing this debt on? I know this debt has nothing to do with me, but I am the one receiving the mail, albeit the last letter was 9 months ago. I have basically told them to take my name off their list and any further communication will be dealt with the contempt it deserves.

I finally thought that was the last of it, got myself a job and have been quite happy, and then this. Strangely enough my phone has been ringing every hour on the hour but I leave my answer phone on and no-one ever leaves a message.

Can someone just advise me (I know I am to ignore the letter and not phone or talk to anyone) on the CCA thing. Many thanks

[42man]

If you sent the original request to Ruthbridge then they are still in default of your request...send this possibly to Hillesden ? - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[Cheeseybob]

Thank you again 42 man. I will make them wish they had never written to me today! I will print the letter off and send them that one too. Enjoy the rest of your day.

[Cheeseybob]

Good evening everyone. I sent the default letter to Hillesden and received a reply back in October saying that they had incorrectly traced the account to my address and apologised for the inconvenience. They then said "in order to remedy our error, we have removed your address from our correspondence files and I can confirm no further letters relating to this matter will be issued to your address, in relation to your data request under the Consumer Credit Act 1974 the above account relates to your ex-husband only and we are therefore not required to supply you with this information. Due to the above, please find enclosed a cheque refund for £1." Apologies once again blah blah blah....

What I am confused about is I sent the £1 postal order to Ruthbridge, and this was cashed by them, so why are Hillesden sending the refund - oh, by the way NO cheque was enclosed, not that I would have cashed it anyways. Are Hillesden part of Ruthbridge., and will this be the last of the matter - something tells me it will get sold on again and if so do I send them a copy of this letter? Many thanks in advance