Jump to content


  • Tweets

  • Posts

    • the debt is not SB'd as a CCJ must have been awarded to get restrictions said this numerous times now who is drydens stated client on their letter...Arrow global?  
    • Hello   I'm bringing a claim against a company HQ in the EU but with operations in the UK. T&Cs state UK court jurisdiction.    Am I right in thinking that I send 3 x N001 forms + N215 form + Fee cheque to CCMCC?    The court then takes over, seals the claim and serves it on the defendant?    Reason I'm confused is that some guides seem to imply that I get the sealed claim form back from the court and then serve it on the defendant myself?   Thanks  
    • Evening All,   PFA redacted WS and EL, hoping these will be sufficient to defend my case, yet to add a sequence of events section to WS which I will do tomorrow before sending off to CC and can try to post here for your kind review?   Should I also send to OPS at the deadline, I have still received nothing at all from them - or if they don't provide me their WS and EL I duly don't provide mine?    Approaching the end game now!      Thanks!   RATPCN Exhibit List Redacted.pdf Witness Statement Redacted.pdf
    • Yes is definitely an option – but I am rather concerned about the way that the other one went when they brought in Evershed's. It's still going on but I think it made it more worrying for the claimant. The finance company will have the wherewithal to be able to make strategic delays
    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself at least a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can sue the finance company. Somebody else on this forum in the past 2 or 3 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure a judgement against them. Then if there is any difficulty enforcing the judgement, you can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
  • Our picks

Ruthbridge threatening bankrupcy on a SB debt


Please note that this topic has not had any new posts for the last 3940 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

A friend has received many letters from various debt collectors for the same debt,it's statute barred,every time the SB letter is sent,it go'es quiet for a while untill the next DCA gets hold of it.

Now ruthbridge has sent a letter threatening to go to court to file for bankruptcy.

This debt is at least 15 years old,i have advised him to send the SB letter again,and report them to the OFT.

 

Is there anything other advice i can pass on to him,he's very worried despite my trying to convince him they cannot take this action against him.

 

Just wanting to make sure i have given the correct advice and direction on how to deal with this.

Link to post
Share on other sites

Yes, you are giving him the correct advice if he hasn't paid or acknowledged the debt for 6 years. Tell him to send the SB letter to Ruthbridge and stop worrying. Last time I wrote to them I told them to *iss off - and they did! They are bullies who don't like it up ' em, Mr Mainwaring!:D

Link to post
Share on other sites

Hi BSJ,

sorry to hear your mates having problems.Personally,if I was your mate, Id now ignore anything that he's sent.He's done his bit by sending the SB letter.If it is indeed 'Statute Barred' you know theres bugger all they can do.Let's see what happens if they do take him to court, and the court finds out it's SB.They (Ruthbridge) know the rules and procedures.Debt4get is correct, it's just a threat. Ruthbridge won't go to court, as they will know theres bugger all they can do. Nothing more you can do, other than reassure your mate.Keep us posted.

Regards

Signaller

Link to post
Share on other sites
Hi BSJ,

sorry to hear your mates having problems.Personally,if I was your mate, Id now ignore anything that he's sent.He's done his bit by sending the SB letter.If it is indeed 'Statute Barred' you know theres bugger all they can do.Let's see what happens if they do take him to court, and the court finds out it's SB.They (Ruthbridge) know the rules and procedures.Debt4get is correct, it's just a threat. Ruthbridge won't go to court, as they will know theres bugger all they can do. Nothing more you can do, other than reassure your mate.Keep us posted.

Regards

Signaller

 

Hi signaller,

it's definatley statute barred it's 15 years plus old,it's from when his house was repossessed,so he can virtually date it to the day.

I think it's surfaced because it's a large amount,he heard nothing for years, untill early last year,to be honest i'm surprised the DCA's were so slow with it as it's such a large amount,still it's their loss.

He would never of been in the position to pay it back,he was paying the building society off for the outstanding mortgage for many years.

 

Regards to you too and thank you.

Link to post
Share on other sites

Several of us have had the same letters from Ruthbridge lately, over Stat Barred alleged debts. I've been ignoring them, to see how much rope they would give themselves, in the hope of hanging them with it. Disappointingly, they've gone all quiet and seemingly gone away :(

 

Whatever you choose to do, it's nothing to worry about :)

Link to post
Share on other sites

I'll bet the letter also included a discount if ou paid off the amount within a few days. The next one in the Ruthbridge suite will offer debt counselling. This is despite this "service" not being part of the company's consumer credit licence. And Ruthbridge have the cheek to claim sending template letters taken from interweb isn't legal!!!!!

 

Ignore them, They are not worth the cost of a recorded delivery letter.

Link to post
Share on other sites

I spoke to him and followed up with the advice given here,he's decided not waste a stamp on them.I wonder how far they will go:D

 

He has paid nothing off of this debt since defaulting,it's so old now there's no sign of any default on his file.

 

He did receive a telogram the same day,i told him not to ring and checked them out first,another phishing exercise from a DCA.

 

He knows whatever they are chasing is SB'd as he has had no credit for years after losing his home in the early 90's.He was'nt in the position to pay any secondry creditors due to having to pay the outstanding amounts to the building society for the repo.

 

He heard nothing for years,these have resurfaced recently and scared the life out of him,good job he knows a cagger eh;)

 

Thanks everyone for your advice:)

Link to post
Share on other sites

I would not just ignore them after sending a sb letter,I would use there own complaints procedure and then complain the the financial ombudsmen keep in mind that this will cost the dca around £450 regardless of the outcome that should send them packing.I would also complain to the oft, trading standards and my mp and make them all aware that I will not be fobed off and want them to do there jobs

Link to post
Share on other sites

Yes, do report after going through the DCA's own complaints procedure. I believe it is unlawful to chase debts subject to limitation in the manner they have used. Might be wrong there but sure I read it somewhere :rolleyes:.

Link to post
Share on other sites
I spoke too soon about them going all quiet, I had another missive from them today. I'm still going to ignore them though :)

 

Threat-letter-3-edited.jpg

 

 

Thats the sort of thing that happens to me:D

Link to post
Share on other sites
I would not just ignore them after sending a sb letter,I would use there own complaints procedure and then complain the the financial ombudsmen keep in mind that this will cost the dca around £450 regardless of the outcome that should send them packing.I would also complain to the oft, trading standards and my mp and make them all aware that I will not be fobed off and want them to do there jobs

 

 

If it were mine i would do the same,hopefully he'll take the advice offered and follow up with a complaint,i have told him to take a look here and maybe join.

It would give him a better understanding on the way DCA's work.

Link to post
Share on other sites
Yes, do report after going through the DCA's own complaints procedure. I believe it is unlawful to chase debts subject to limitation in the manner they have used. Might be wrong there but sure I read it somewhere :rolleyes:.

 

 

I have read the same info,so i would say your correct,i'm tempted to get him to send the harrassment letter:D.

 

As i have said it's not my decision to follow it up with a complaint,i hope he will,it may just stop them dead in their tracks.

 

All i can do is pass on the good advice from here,i have offered to see it through for him and send for their complaints procedure,somehow i doubt they will reply:rolleyes:

Link to post
Share on other sites

If they do not send details of their complaints procedure on request that is cause enough to go straight to the Financial Services Ombudsman. Their failure to comply with a request for a procedure they must have under the terms of their consumer credit licence would be added to their other offences of failing to realise a statute barred debt is virtually uncollectable.

 

The OFT should also be told of their ignorance of the regs, especially as officials appea to be considering whether or not to renew their consumer credit licence.

Link to post
Share on other sites

Hi H & P - We are definitely on the same computer button, I got mine too today - identical of course!! Have posted here#

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/244403-ruthbridge-there-anyone-there.html

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...