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    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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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

 

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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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