Ruthbridge Ltd letter

[ukmarc31]

Hi

 

I have today 17/9/09 received a letter from the above people saying that I owe money on a debt to Abbey National. Now this is the first I have heard of this so I need advice on what to do as I hear that the procedure is to go with care. I havent called the company but I have read that it would not be a good Idea to do so.

Now I used to have a house with Abbey national but I sold that back in 2004 and the Mortgage was paid off. So it cant be that . I am unsure what it could be and I dont want to land myself in debt if I can help it .

What should I do first ?

The letter is saying that I must reply within 7 days

 

Any help you be gratefully received

M

[mr.ton]

Welcome to CAG

You dont need to do anything within 7 days.

The 1st golden rule is to not answer security questions if they ring you.

The next step is to send off a CCA request.....

[dcakiller]

Hi you are correct not to call them. I would send the letter below and see what comes back.

Name/Address:

 

Date:

 

Dear Sir/Madam

 

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

 

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

 

I am/we 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/we 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/we 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/we 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/we look forward to your reply.

 

Yours faithfully

[ukmarc31]

Many thanks for this

 

Do I send this letter with the obvious adjustments or is there something else I should also do in the meantime

Edited September 17, 2009 by ukmarc31
not clear

[pmhcfc]

Many thanks for this

 

Do I send this letter with the obvious adjustments or is there something else I should also do in the meantime

 

If Ruthbridge are involved - 99.9% sure the debt will be statute barred....Haven't seen one post on here where the debt Ruthbridge are chasing ISN'T statute barred - and I've been on these boards a while now.

[mr.ton]

Send them this:

 

Account number................

 

Dear Sir/Madam

 

With reference to the above account number.

I would be grateful if you would send me a copy of the credit agreement & a full breakdown of the account including any interest or charges applied.

Under the consumer credit act 1974 (sections 77-79) i am entitled to receive a copy of any credit agreement & a statement of account on request.

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

Please note these funds are not to be used for any other purpose.

You have 12 working days.

Under the Consumer Credit Act 1974, you are unable to enforce a debt if you fail to comply with the request for a copy of the agreement & statement of account under these sections of the Act.

I look forward to hearing from you.

 

Yours faithfully

 

PRINT NAME DO NOT SIGN

[NailPost]

I would also ask Ruthbish for a copy of their complaints procedure in readiness for making a complaint for their aggressive use of language in demanding money on a debt which they have no hope of succeeding with court action - no need to tell them this at this stage.

 

If they don't come up with the proper documentation - I agree it is highly unlikely there is paperwork to back up their stupid claims - you put the matter in dispute telling them you expect them to drop the matter.

 

If they don't then the complaint will be filed. Unless they resolve the matter within eight weeks the matter goes to the Financial Ombudsman.

[angryandy]

Wouldn't normally disagree with you Mr T but as the OP states they don't know what the debt is for.

 

I would personally send dcakillers letter and see what they come back with.

 

I wouldn't send a cca request off as it mightn't be a loan or credit card debt.

[Pinky69]

Start of with the Prove It Letter - adjust to suit.

[ScabHunter]

Is there an account number on the letter? If not, it is just a fishing exercise. Maybe you've got the same surname as someone who once had an account with the Shabbey.

 

This is the way the lowest of the DCAs, and they don't come any lower than Ruthbish, operate. They send out letters speculatively, in the hope that some potential victims will bite. Sadly, too many do, even the ones who don't actually owe anything.

 

The 'prove it' letter is the right one to send. Only send the CCA request if there is an account number on the letter, and you know it to be one of yours.

 

SH

[ukmarc31]

HI

 

thannks for all the info . I have attached the letter and removed all the personal data. I dont think there is an account number as the client ref mentioned is just that a client reference and not a account number . What do you think ?

I think its just a fishing exercise as a week before I had a letter from the above company addressed to " The Occupier " asking me to call them . This I didnt do , I just threw the letter away

So should I send the CCA letter or the other one as suggested

 

M

[ScabHunter]

The thumbnail is too small to read, but if the letter just contains an internal reference number then that will not be an account number.

 

You can't really send a CCA letter, as if they have supplied no account number there is no account for which to ask for a CCA.

 

Definitely send the 'Prove It' letter.

 

SH

[Lizzy69]

Hi

 

We have received the same letter today.

 

Looks as though they are doing a mail merge at the moment:rolleyes:

[ScabHunter]

Hi Lizzy69,

 

Are you Pinky69's sister? If so, you could go and have a......

 

No, I'd better not say it.

 

Seriously, have you got your own thread on this? If so, could you post a link to it?

 

I'll be back with a few more thoughts in a few minutes.

 

SH

[Lizzy69]

Hi Lizzy69,

 

Are you Pinky69's sister? (No siblings!!!) If so, you could go and have a......

 

No, I'd better not say it.

 

Seriously, have you got your own thread on this? (Yes) If so, could you post a link to it? (See below)

 

I'll be back with a few more thoughts in a few minutes.

 

SH

 

 

Hi

 

Here's my thread............

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/220774-ruthbridge.html

[ScabHunter]

ukmarc31,

 

You might like to read this, from the OFT Debt Collection Guidance -

 

2.8 Examples of unfair practices are as follows:

 

a. sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made.

 

The situation with a letter addressed to 'The Occupier' couldn't be more explicitly stated as being an unfair practice.

 

Whether you want to complain now, or just send the 'Prove It' letter first and see what happens, is up to you. From my point of view, though, Ruthbish have already gone beyond the point where you promise to complain to the OFT. The guidance has already been breached.

 

The only question is whether you wait before complaining, in case they commit any further breaches. As the OFT don't get involved in individual cases, it might not be a bad idea.

 

Although it can seem like a waste of time, the OFT do operate based on numbers. It really is the responsibility of anyone facing this situation to add to the number of complaints.

 

The only thing I don't like about that Prove It letter is that there is no paragraph requesting a copy of their internal complaints procedure, which they are obliged to supply. If that was there, it would open up the possibility of reporting the matter to the Financial Ombudsman Service should they continue to behave this stupidly.

 

The FOS is toothless and useless, and just a puppet operated by the finance "industry", but at least it charges the clowns £450 when they investigate. For an alleged debt which clearly doesn't exist and on which they cannot hope to collect, this may be an incentive to them to cease harassment.

 

SH

[ukmarc31]

Sorry to ask but in the prove it letter the last 2 paragraphs are confusing . Am I to choice one or the other . And if the second last paragraph is to be used , at what point do I use the last paragraph?

[ScabHunter]

Sorry to ask but in the prove it letter the last 2 paragraphs are confusing . Am I to choice one or the other . And if the second last paragraph is to be used , at what point do I use the last paragraph?

 

I see what you mean, technically. You could add this -

 

I/we would ask that no further contact be made concerning the above account, beyond a letter confirming that this matter is closed, unless you can provide evidence as to my/our liability for the debt in question.

 

I/we 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.

 

SH

[ukmarc31]

well here is an update

 

Today I received a letter telling me that if I dont arrange payment within 7 days then a person would come round to my house to arrange payment.

 

They make no reference to the letter that I sent them.

 

So what do I do next as they have still not told me what the debt is for etc .

 

Please advise

[dcakiller]

IN the unlikley event someone shows up at your door remember they do not have any rights as they ar not bailiffs do not talk to them tell them to leave and if they do not do so call the police,and give them the letter below you could also send one to ruthbridge reiterating that you do not know what debt they are on about, also complain to oft and trading standards.

 

 

Dear Sir or Madam,

 

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 weeks/months 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 such 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 & Short Ltd [1959] 2 QB 384

. 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, 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,

[Huff&Puff]

Complain to Trading Standards and the OFT, it is unlawful for them to continue to pursue a debt while it is in dispute.

[Pinky69]

It is essential you report Ruthbridge to the OFT for threatening a doorstep visit with no proof any debt exists. They are the lowest of the low and need to be complained about at every turn. Every report is a nail in their coffin.

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

[NailPost]

Their cofin may already be prepared - Ruthbish's consumer credit licence expired in June and has yet to be renewed. It is showing as "pending" on the OFT website. I know the OFT are often tardy in updating their website but surely 18 weeks is excessive even for the penpushers in EC4