Kiltedman, letter from Ruthbridge Limited

[kiltedman]

Hi im am looking for some advice, i recieved a letter addressed to the occupier from Ruthbridge Limited saying call the number below and quote reference number. I phoned them using my mobile as not to give out my house number and asked what it was about and it turns out they were looking for my mother (she is registered at my address but does not live her, she is a disabled pensioner). I told them that they would not be able to contact her except through me has i handle most of her affairs, they then became very rude so i told them not to contact me again and hung up. they then phoned my back on my mobile about 8 times in 5 minutes and hung up each time. A couple of their calls came from there fax machine. Then on the 1st of july i received another letter saying "we have advised our client to commence bankruptcy proceeding for recovery of the outstanding balance, which may include costs and interest" they claim she owes £1102.73 for a Monument credit card and their client is Cabot Financial Europe Limited. My mother has never had a monument credit card. I sent a CCA request on the 7th of july by recorded delivery along with a cheque from my account (so they cannot cash the cheque and use my money against any alleged debt of my mothers). Today i received another letter dated the 15th of july stating " Contact Centre, we have been instructed by the above named client to recover the outstanding debt, it is imperative that you contact us to arrange a time for a local agent to call. If you have not established contact with this department within the next 7 days a local agent may call between the hours of - Monday - friday 7am - 9pm and saturday 7am - 5.30pm" What can i do if they do sent someone round and is there any other letters i should be sending them regarding the CCA request.

[mr.ton]

Hi Kiltedman...ask a mod to start your post as a new thread.

That way it will get the personal help/assistance it requires.

[kiltedman]

sorry to ask but how do i contact a mod

[maroondevo52]

Hi, Kiltedman.

 

I'll move your post to start a new thread.

 

Regards.

 

Scott.

[diamondgirl]

Hi im am looking for some advice, i recieved a letter addressed to the occupier from Ruthbridge Limited saying call the number below and quote reference number. I phoned them using my mobile as not to give out my house number and asked what it was about and it turns out they were looking for my mother (she is registered at my address but does not live her, she is a disabled pensioner). I told them that they would not be able to contact her except through me has i handle most of her affairs, they then became very rude so i told them not to contact me again and hung up. they then phoned my back on my mobile about 8 times in 5 minutes and hung up each time. A couple of their calls came from there fax machine. Then on the 1st of july i received another letter saying "we have advised our client to commence bankruptcy proceeding for recovery of the outstanding balance, which may include costs and interest" they claim she owes £1102.73 for a Monument credit card and their client is Cabot Financial Europe Limited. My mother has never had a monument credit card. I sent a CCA request on the 7th of july by recorded delivery along with a cheque from my account (so they cannot cash the cheque and use my money against any alleged debt of my mothers). Today i received another letter dated the 15th of july stating " Contact Centre, we have been instructed by the above named client to recover the outstanding debt, it is imperative that you contact us to arrange a time for a local agent to call. If you have not established contact with this department within the next 7 days a local agent may call between the hours of - Monday - friday 7am - 9pm and saturday 7am - 5.30pm" What can i do if they do sent someone round and is there any other letters i should be sending them regarding the CCA request.

 

Hi

Sorry I can't actually put the exact links up for you as my old mac sometimes lets me and sometimes doesn't.

Firstly you've sent the request for the CCA so that 12 + 2 days they have to respond to you.

Secondly sending the following telephone harrassment letter

 

Account Number: XXXXXXX

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (Even if you don‘t yet have recording equipment!)

 

Yours faithfully

 

A N Other

 

 

You can also send:

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few days/weeks/months (delete as appropriate) and these have been duly logged by time and date.

 

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.

 

Yours faithfully,

 

 

A N Other

 

Make sure you send the letters at least by recorded delivery, keep a copy of your letters, never sign the letters print your name, or just use initials.

Start a file with your copy letters and their responses so you have a nice little paper trail should you need it.

 

There is also the prove it letter you can send:

 

Dear Sir/Madam

 

re: Account No.

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I/we have no knowledge of any such debt being owed to (insert the company name).

 

I am are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I look forward to your reply.

 

Yours faithfully

 

A N Other

 

Hope this has been of some help to you.

 

BY THE WAY NEVER SPEAK TO THEM OVER THE PHONE I know you have done but now don't, they will just harrass you and put pressure on you to pay even though its not your debt.

 

DG:)

[cashins]

Hi im am looking for some advice, i recieved a letter addressed to the occupier from Ruthbridge Limited saying call the number below and quote reference number. I phoned them using my mobile as not to give out my house number and asked what it was about and it turns out they were looking for my mother (she is registered at my address but does not live her, she is a disabled pensioner). I told them that they would not be able to contact her except through me has i handle most of her affairs, they then became very rude so i told them not to contact me again and hung up. they then phoned my back on my mobile about 8 times in 5 minutes and hung up each time. A couple of their calls came from there fax machine. Then on the 1st of july i received another letter saying "we have advised our client to commence bankruptcy proceeding for recovery of the outstanding balance, which may include costs and interest" they claim she owes £1102.73 for a Monument credit card and their client is Cabot Financial Europe Limited. My mother has never had a monument credit card. I sent a CCA request on the 7th of july by recorded delivery along with a cheque from my account (so they cannot cash the cheque and use my money against any alleged debt of my mothers). Today i received another letter dated the 15th of july stating " Contact Centre, we have been instructed by the above named client to recover the outstanding debt, it is imperative that you contact us to arrange a time for a local agent to call. If you have not established contact with this department within the next 7 days a local agent may call between the hours of - Monday - friday 7am - 9pm and saturday 7am - 5.30pm" What can i do if they do sent someone round and is there any other letters i should be sending them regarding the CCA request.:grin:

 

Unfortunately you have responded to a fishing expedition with which the have tried to confirm a trace. In this case they have got the wrong person again!!!

 

You have sent a CCA - see what comes back.

 

If they come to the house (very unlikely) tell them to get of your property, they have no powers whatsoever.

 

In 'letter templates' you will find a letter asking them to prove the debt is your mothers. Send that.

 

If they persist, contact Trading Standards and copy the OFT.

 

David

[kiltedman]

its now the 27th and still not heard anything back from ruthbridge's regarding the CCA request i sent on the 7th. i have recieved two more letters one on the 15th saying " CONTACT CENTRE - we have been instructed by the above named client to recover this outstanding debt. it is imperative that you contact usto arrange a time for a local agent to call". and the other on the 22nd saying " DEBT COUNSELLING DEPARTMENT - your account has been referred to out debt counselling service where our trained counsellors will be able to assist you in negotiating an affordable repayment scheme. this service is funded entirely by ruthbridge limited and is provided to you absolutely free of charge. to take advantage of this opportunity, we ask that you telephone our PRIORITY DEBT LINE. Should you choose to ignore our final offor of assistance, we will have no alternative but to refer your account to our debt enforcement division.

 

any ideas what i can do next.

[Blondmusic]

Wait for the 12+2 working days to be up then send the letter below. Edit anything in red, DO NOT SIGN IT and send Recorded Delivery.

 

ACCOUNT IN DISPUTE

 

Date:

 

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. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

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 you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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

 

Remember it is up to them to prove your mother owes the money, not for you or your mother to prove she does not.

Edited July 27, 2009 by Blondmusic
Terrible spelling from typing too fast!!

[Blondmusic]

Sounds like they are doing a Wescot as they now offer Debt Counselling. I wonder if they have a licence for that.

 

Golden Rule

Never ever phone these companies. So everything in writing and send every letter by Recorded or Special Delivery so that you have a paper trail.

[sillygirl1]

PRIORITY DEBT LINE - who are they trying to kid? The alleged debt is not a priorty debt so they are basically stuffed.

 

I think I would take your mum to the local CAB and let them loose on these idiots.

[Blondmusic]

Good idea Silly Girl (I don't think you are silly at all). The CAB and the newspapers would have a field day with the losers.

[kiltedman]

dispute letter posted today by recorded delivery. just going to wait and see what else comes in the post.

[kiltedman]

After sending cca request to ruthbridge nothing as arrived and no contact with them at all except to notice that they did cash the cheque for the £1. However several letters have arrived from a company called Clarity credit mananagement. two arrived for my mother for different amounts and one arrived for my uncle who stays here.

 

I have cca them but the only response was " Given the information you have requested, please be advised that i have returned this account to our client. any further communication will come direct from them. Please find enclosed your returned £1.00 Cheque. Their Client is - CABOT FINANCIAL (EUROPE) LIMITED.

 

And if this was not bad enough a statement arrived from another company called CL FINANCE LIMITED with a balance of £10,000. A statement not a letter asking for money or anything just a statement with a balance of £10,000 brought forward from 01/10/08. it as a statement date and an account number on it. But we know nothing about any of these alleged Debt's.

 

Help.....

[maroondevo52]

Hi, kiltedman.

 

I'd be tempted to send Ruthbridge, or whoever contacts you next the 'prove it' letter as you have know knowledge of these alleged debts.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

Regards.

 

Scott.

[kiltedman]

Hi all, thanx for the great advice that you guys gave but there as been another development. After hearing nothing from Ruthbridges regarding the cca request or account in dispute letters, except for them cashing the £1 cheque my mother has day received a letter from Mackenzie Hall saying basically the same as the ruthbridge letter - We are instructed by our client to recover the outstanding balance of this overdue account.

 

As the account remains in dispute with ruthbridge then under the oft guidelines the alleged account should not have been passed on to anybody. any idea what letter i can send to mackenzie hall or their client Cabot. should i send another letter to ruthbridge about their breach of the oft guidelines.

 

Any advice would be greatly appreciated

[sillygirl1]

Report Mackenzie Hall to Alan Stewart at East Ayrshire Trading Standards and copy him in on the correspondence from Ruthbridge.

 

Mackenzie Hall are under investigation for chasing disputed debts.

 

Cabot also need reporting as they should not be chasing your mother with such flimsy evidence, anyone can type out a statement and send it, the evidence needs to be substantiated by an original agreement.

 

Report Mackenzie Hall promptly and that should be the end of it.

 

I would also contact Tony Heatherington of the Daily Mail and let him have the story, this is just the sort of thing he would like.

[harrassed senior]

I am in roughly the same position, Ruthbridge then Muckhall.

 

Sent them the the still in dispute letter, nothing back yet, but only a week ago, so some time yet. Is this debt nearly Statute barred?

[NailPost]

If Ruthbridge and Mackenzie Hall are involved the debt is probably not in imminent danger of becoming stat barred but is positively ancient. There have been cases of these two cowboy firms chasing accounts more than 15 years old. That doesn't stop them from making outreagous claims about what they can do. In all instances they should be reported immediately to the OFT.

[kiltedman]

unfortunately has my mum say's she knows nothing of this alleged debt i don't know if it is statued barred or even how long ago this is meant to have taken place, was hoping to get some to this information when we cca'ed ruthbridge's.

[ODC]

You and your Mum can now relax. Once a debt is passed to Muck Hall then thats the end of the line. You cant get any lower. They nare the UKs worst DCA and only buy junk debts that other pond life know are UNENFORCEABLE. They are best ignored and not even worth the siliva it takes to seal an unstamped envelope. Ignore them and like a smelly turd they will soon disappear