Ruthbridge Ltd - Requesting a CCA

[darkobird]

Hi

Last year I received a letter from Mackenzie Hall stating that I owed £750 for a Barclays Credit Card (I had one credit card in the past which was fully paid and was Capital One not Barclays)

 

I rang the company and asked for a true copy of the alleged agreement, they told me they did not have to do this. Therefore I sent them a letter on 28th May 2008 stating that under the Consumer Credit Act 1974 they had to supply me with a copy of the agreement within 30 days or If they fail to validate the debt within this period, then I am no longer liable to pay the debt.

 

They replied two weeks later saying that they were trying to loacte my agreement.That was the last I heard of them until 18th June 2009 which was a letter from another company called Ruthbridge Limited saying I now owed £832.65.

I never kept the recorded delivery reciept from last year to prove that I sent the letter nor do I still have there letter saying that they were looking for the agreement, therefore i sent a CCA Request letter to Ruthbridge on 30.06.09 recorded delivery.

 

Im wondering if anyone can answer the following :-

 

1. How long do they have to reply ?Is it 12 days and if so is that working days ?

2. If they do not reply within the time frame what does this mean ?Can they stil enforce the debt ?

3.How do I get this debt off my credit report ?

[PGH7447]

you should have send this

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original/DCA** and has been since DATE 2008. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As **original/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

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

Now I would respectfully suggest that this account is returned to the **original/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

Also be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully