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Ruthbridge, please help!


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Okey Dokey, up till last year we were paying an old credit card debt via Ruthbridge (cc was Associates) and then I did all the standard letters asking for a copy of our credit agreement etc etc.

Nothing was sent to us and we followed the procedure advised e.g sent a reminder after so many days, then sent a letter of dispute and then cancelled all payments.

 

Today we have received a letter from Ruthbridge asking for payment for this same client with the usual threats of court etc, but the only info they have sent is a copy of all credit card statements.

There is no credit agreement or copy of enclosed.

 

What should we do now? Is a copy of the statements equivalent to a copy of the signed agreement?

 

Thank you for your time.

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Okey Dokey, up till last year we were paying an old credit card debt via Ruthbridge (cc was Associates) and then I did all the standard letters asking for a copy of our credit agreement etc etc.

Nothing was sent to us and we followed the procedure advised e.g sent a reminder after so many days, then sent a letter of dispute and then cancelled all payments.

 

Today we have received a letter from Ruthbridge asking for payment for this same client with the usual threats of court etc, but the only info they have sent is a copy of all credit card statements.

There is no credit agreement or copy of enclosed.

 

What should we do now? Is a copy of the statements equivalent to a copy of the signed agreement?

 

Thank you for your time.

no it is not! the cca is a legal rquired document for your acc of which they must supply.if they dont supply you with it we can assume they dont have one !,so supplying one in court will be a real surprise. send them this that the acc will stay in serious despute until you provide me with the legally required documents as requested in my cca.( until then put up or shut up!.)

owe how i love this site!.

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send em this

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

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Darn it.

 

I wish I'd seen that letter sooner as I've just sent this one, what do you think?

 

 

 

Dear Sirs,

Account No: XXXXXXXX

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 XX/XX/XXXX I made a formal request for a true signed agreement for the alleged account under the Consumer Credit Act 1974 (s.77-s.79). A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such you are now in default and this account has become unenforceable. The document that you were obliged to send was a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) 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 should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired and as such, as you are no doubt aware s.77(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 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, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counter-claim that any such action constitutes unlawful harassment. You may also consider this letter as a statutory notice under s.10 of the Data Protection Act (1998) 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.

 

Any attempted argument regarding case law such as McGuffick v RBS will be dismissed as this particular case has no bearing on the legal reporting methods that a lender has with the CRA, namely adding derogatory data whilst an account is in dispute, this account clearly is disputed. Should you refuse to comply, you must within 30 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 30 days I expect that this means you agree to remove all such data.

Need I remind you 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 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply. I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.

 

Yours faithfully

 

Obviously I cut out the bit about sending statements as they are the only thing that they have sent me.

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I eventually received an Associates application form but they are not properly executed agreements - there are none so Ruthbridge isn't going to be able to produce one and in any case they won't be bothered to try to find one. Mine is now Statute Barred.

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