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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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vegas1979

You've heard it before but please help(Ruthbridge)

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Hi all

Just joined this forum and new to all this.

I recently received a letter 'To the occupier', which being a bit suspicious of its contents i googled. Its at this point i discovered who they are and all the problems people have suffered from these cowboys. As you can imagine i did not contact them after reading this stuff. Now i know i defaulted on a credit card balance a number of years ago. So i began to think that it was because of that. My thoughts were confirmed yesterday when i received another letter with my name on it. Although it doesnt state what they want to speak to me about it doesnt really take a genius to work out what it will be about. Now reading up on them i have discovered that if its over 6 years old, which it is, its then unenforceable, so if i dont acknowledge the letters and any phone calls regarding it, is there anything they can actually do about it. Any help will be greatly appreciated.

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Wait until they write again mentioning what the debt is. If it is Statute Barred, send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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I would be inclined to send anything else you get from them back in the post 'return to sender, addressee not known'

 

Funnily enough I rang them Saturday, with a reference number of a fellow cagger, and within the space of 30 seconds I had his name and address! So much for data protection.

 

The fact that they are 'still' ignoring the OFT and sending out letters addressed to the occupier is indicative of how professional this outfit really is.

 

You can either ring them up on the freephone number along with the ref no. they gave on the letter addressed to 'the occupier' and hope that you get the same moron I had, give them a different name, and tell them you have lived at the property for a few weeks, they will then 'update' their files???

 

Or simply ignore them, and stick them back in the post.

 

Or hit them head on...


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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and report them to the oft for sending a to the occupier letter


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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and report them to the oft for sending a to the occupier letter

 

Of Course!The Office of Fair Trading: Contact us


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The OFT are apparently monitoring this bunch of cowboys. Send copies of the letters you have received to OFT hq but ignore Ruthbridge. They are one company that are just not worth the effort of a reply.

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thanks everyone for your posts

I am so glad i looked at this forum up on the net before i rang the number on the 'to the occupier' letter. Is it right that said letter is against OFT regulations due to the fact that they have not outlined the reason they have contacted me in it. Was trying to work it out last night and i am pretty sure that its over the six year period, if not it will be by feb 2010, so in the worse case scenario that it is febuary, am i still within my rights to ignore them til i am 100% sure the 6 years has lapsed. Is there any legal implications if i gave a false name on the phone should they ring. According to the last letter i have 5 days to contact them before the mysterious 'local agent' will call. Through reading these forums, ive been informed that this means the phone calls will start.

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Is [are] there any legal implications if i gave a false name on the phone should they ring.

Who says that it is you that answered the phone. They could have dialled the wrong number. You could have a visitor who has answered the phone. etc etc.


I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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If Ruthbridge are involved then the debt's 99.99999% certain to be Statute Barred.


Just hate every DCA out there

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Again thanks for the info

Been a week now and since i received the last letter. Unplugged my house phone(dont use it anyway its purely there for internet purposes). Do you think they've forgotten about me.Ha Ha.(very unlikely) Will keep you posted on the next letter. Although i would love to know the letters contents, is my best course of action to not open it and return to sender addressee not known?

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if it is not addressed to you then yes, tied around an old copy of yellow pages


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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and if it is addressed to me and i still send it back addressee not known. what then?

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Well I am of the belief that whatever is posted through my door is intended for me, so if I open it in 'error' and then on reading it realise it is not intended for me, I simply cello-tape it back up and pop it back in the post marked 'Opened in Error, not Known at this address'

 

Besides, if it is addressed to you, unless the letters are sent recorded how are they supposed to know it has been delivered?

 

Alternatively it might be better dealing with it head on as you may be putting off the inevitable, so, see what it is they purport to want and post up their request/threatogramme and we will advise accordingly.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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(post up their request/threatogramme and we will advise accordingly.)

 

cheers guys

once i receive a letter that has more information on it i will post.

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