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    • Just an idea, why not have a wind turbine and some solar panels installed and produce your own energy, even get paid to put some back into the national; grid!   I'm happy to pay the water companies for providing clean drinking water direct to my house, otherwise I'd have to go down to the river, collect some water, then cart it back home and then treat it in order for it to be safe to drink.   Same goes for my gas and electric, electrickery is a dark art, I'm not even sure how I'd begin to make that least of all contain it?   And I'm far too lazy to dig into the earths crust to extract my own gas, so I'm happy to fund someone else to have that headache and provide me those resources.
    • the company is parcelbroker.co.uk  some of the problems were caused by brexit over Christmas but there were so many problems it became a comedy of errors! I really just want my phone charges repaid. i contacted EE and they have agreed to repay £30. I think its reasonable for Parcel Broker to pay the other £50. it was never made clear when calling them that it was a premium rate number. They never rang me, I ALWAYS had to ring them..
    • I wouldn't be tipping them off about anything that could be one of a very narrow range of issues with things.
    • I am being harrangued for a debt I don't owe whilst in hardship by EDF, who was given this household's supply by OFGEM when it closed down several small companies in 2019. Unbelievably, this is happening during cold months and a full strict lockdown!   I consider that this is a crime on several counts: 1) fraud by nondisclosure, as per 2006 act: that free energy exists and that patents have been suppressed to help us use it, thus giving the illusion that energy can only be supplied by for profit companies (the same is true of water), when it is a naturally occurring, God-given free resource which has been harnessed and sold back to us, and it's hard to avoid or find alternatives 2) the energy industry is a form of modern slavery as per 2015 act, holding us in lifelong custom: something we need, can't easily find an alternative from or not use. This supplier took over without consent or knowledge or warning and will not relinquish me without paying them; but the amount grows as they continue our abusive relationship 3) as utility acts such as the 1989 and 1990 clash with inalienable natural Common Law and the Universal Declaration of Human Rights of 1948 and various other laws, some to be listed anon, that the so-called powers given to energy companies to gain money and bully are not lawful 4) removal of energy takes our rights (as in the UDHR) to eat, wash, be warm, work, communicate, and have leisure and enjoyment. Particularly, it can cut those off who rely on the internet and battery operated phones, thus making them vulnerable, and causing a snowball effect 5) cutting off, or the fear and bullying around doing so and 'recovering debts', causes mental and physical suffering, as well as great inconvenience and loss. a) These are recoupable in monetary terms of the claimant (ie customer's) choosing b) this amounts to constructive demise or manslaughter  - including attempt and conspiracy to commit this serious crime (attempt and conspiracy apply for all the others below) 6) asking for money in a way which is upsetting, intimidating or distressing is another criminal offence under the Prevention From Harassment act of 1997 - and most debt demands fulfil this, and are not incidental, but designed to cause fear in the way they are worded, in the design of the 'red, urgent' envelopes, in the vagueness of who and where the collector is, offering a generic phone number; bluffing about their powers and a warrant; coming to the door with hand delivered envelopes to embarass in front of household members and neighbours; and the way they appear at your door to actually collect or tamper with supply 7) There is Aggravated Trespass under the criminal justice and public order act of 1994, where if you have given written notice that implied access to your property (I include remotely, in the case of smart meters), to enter the premises (including outside areas) without written permission and especially with ill-intent, is a further summary, ie imprisionable offence 8) this is also exhortion and blackmail 9) it is an aggressive sales technique, no different from drugs barons and loan sharks 10) a prepayment meter is just another way of forcing debt repayment, and as the customer doesn't set the amount, if they do not have resources they are still left without power and heat 11) this is closely related to the data and surveillance and weaponised energy of 5G via smart meters, and so this is a) espionage b) mass experimentation under the Nuremburg code of 1948 c) biowarfare 12) it is also breaking and entering, if they force or pick locks 13) any physical abuse has other crimes - such as battery, grevious bodily harm, assault 14) lying or tricking to gain entry is also a crime 15) their involving your neighbours breaks confidentiality, such as asking about you, getting them to let them in. This is against their industry code and 16) during lockdowns and other restrictions related to covid, they break the coronavirus act 2020. Utility workers are only classed as keyworkers when they are keeping a supply running and safe. They are not permitted to work or travel to harass and cut off - this is especially reprehensible during an extended pandemic when so many are anxious have weakened immunity, and financial difficulties. When most of us are not meant to see loved ones, especially indoors 17) if the operatives are masked - this includes a locksmith or any enforcement with them - this heightens the offence as, despite covid guidance, it is done with criminal intent and knowingly a) makes them look sinister, thus adding to fear of the customer b) hides their identity and obfuscates justice 18) any persons involved, including administrators and the judge who created any warrant 19) to exaggerate one's legal powers is also an offence   Furthermore, utility companies send out - and sell out - debts and debt collectors who have no knowledge of the communications between the company and the customer; such as whether they are misbilled, or even the right person. I also believe that poor service, such as being ignored or bullied, means a rebate on the 'bill'.   The ombudsman have consistently exacerbated and failed to put right, and OFGEM's policies have added to this too.   We need to take the power back into our hands; to choose our energy source and provider; to harness free, safe energy.   I am putting EDF staff on notice for all these.   Has anyone else had any similar trouble for this, especially in the last year? I would like to know the extent of the problem   I am considering class action. An expression of interest in no way commits you, especially financially.   You may be interested in my piece at https://elspethr.wordpress.com/2020/08/22/expulsion-from-the-garden-its-time-we-took-our-energy-back/, via which you can get in touch  
    • No, there is no ombudsman for this kind of thing. It's a huge industry with a lack of regulation which is why it broadly speaking does what it wants without a lot of regard for customers. You haven't addressed the question which I put to you in my last post.
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Ruthbridge Chasing Unenforcable Debt, Please Advise.


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Hi.

 

Awhile ago thanks to the help I got here I was informed that my Yes Car Credit Agreement was Unenforceable due to missold PPI Insurance, I informed the then DCA involved Hillesden Security in which they replied in agreement saying they won't enforce the debt, but the debt is still owed etc etc etc.

 

Anyway that's been going well for a good few years now, however This Month Ruthbridge has contacted me and unlike previous attempts from other DCA's ( Direct Auto Finance ) instead of the usual "Would you like to pay something?", They have demanded I pay, Threatened me with Bailiffs and also filling for Bankruptcy against me resulting in something called the Official Recivers Office to gain possession and control over goods or property.

 

Is there a template letter I can send them? Informing them of their serious breach and to get them to stop any action like this?

 

Thank you.

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Ruthbridge are the bottom feeders of the debt collection industryand love to make all kinds of threats of dreadful consequences if you don't pay or contact them.

 

When was the last payment or acknowledgment in writting made in regard to this debt?

 

If you are sure that there has been no payment or acknowledgement in 6 clear years the debt is STATUTE BARRED and cannot be enforced in court.

 

As to the threats of BR and bailiffs they would firstly have to obtain a CCJ and win the case an you would have to fail to comply with the judgement orde so the tthreats are of no merit.

 

Send the following to the Compliance Director at Ruthbridge by recorded delivery if the 6 year criteria has been met.

 

Ref: as on their letter.

 

Dear Sir or Madam,

 

I refer to your threatening though meaningless letter date xx xx xxxx regarding a debt for £ xxxxx which you allege is owed by me, pleas not I do not acknowledge any debt to Ruthbridge or any company you may claim to reperesent.

 

I must point out that any such allged debt is STATUTE BARRED and I will not now or in the future make any payment or offer of payment in regard to the alleged debt.

 

I am also aware that another debt collection agency has stated that the allged debt is unenforceable.

 

You will now cease to processing and storing any data relating to me and remove it from your records immediately.

 

I am fully aware of the Limitations Act 1980 and the OFT Guidance on Debt Collection 2003/2011 and will not hesitate to report the conduct of Ruthbridge rearding this matter.

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Is the alleged debt statute barred by any chance ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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If it's in the hands of Ruthbridge then almost certainly SB.

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last letter was from December 2011 from, Direct Auto Finance after I informed them back in 2009 that the debt is unenforceable due to the missold PPI have only ever sent me the annual statement which they are required to.

As far as statute barred is concerned I have no idea how I would go about finding that out, the main point is the debt has already been confirmed as unenforcable.

 

The December 2011 letter from DAF was them telling me they will be passing it on to Ruthbridge, The actual original agreement with Yes Car Credit is from 21st April 2004 if that helps.

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Maybe unenforceable but is still collectable and can be pursued, you need to know when the last payment or at acknowledgment in writting was made, check CRA files.

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As I wrote above 2009 was the last time I contacted anyone about this and I informed them that this was Unenforcable which was confirmed by Stephensons Solicitors, after that Direct Auto Finance told me that all collection activity will cease but the debt will still exist and that I should pay something towards it, but they wont be able to force me to pay.

 

Ruthbridge have been the only ones since then that have told me I HAVE to pay or be taken to court, bankrupty etc. What I need is a template letter informing them of the unenforcability of the agreement.

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Ruthbridge a chancers who take on debts no one else will touch stat barred, unenforceable etc., in the hope that perhaps 1 in 10 pay up on a debt they have aquired for pennise in the pound.

 

''Unenforceable'' means only that the debt CANNOT be subject to enforcement through the court, the underlying obligation still subsisits and the creditor/DCA can use all forms of collection activity short of a court claim.

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  • 2 months later...

Hi,

 

Sorry but I am trawling the Ruthbridge posts as yesterday I got a letter of transfer from them and in the same envelope was a letter from Cabot. Now Cabot claim to have three accounts (three if you look at CallCredit and Equifax but only two if you look at Experian) according to my CRA reports all of which go SB between Feb and Jul 2013. So from what I have read, it looks like I am going to get a bumpy ride from these guys in the very near future.

 

The best thing is, there have been several searches by "Organisations: Not Recorded" in the last few months and I was wondering if the two are connected?

 

My biggest concern was the resetting of the 6 years which is why I decided to ride out the last year or so (that and the very s*** way I was dealt with by one DCA who called my mother and threatened to take her car away and then come and sort me out for messing him around).

 

Have I got a sound plan or am I doomed?

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If the debt is with Ruthbridge there is a good chance it's unenforceable or statute barred already.

Are you looking at default dates if so the debt can be come anything up to 6 months sometimes more prior to the default dater,you need to know the date of the last payment

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Ah, the date of the last payment or the date of the default registration?

 

Basically - I got in a mess when there was a loss in the family and shortly after a messy break-up so paying bills was the last thing I was thinking about. I am all straightened out now but when I was digging into sorting all of this out about 18 months ago - the benefit of paying up was another six years on my CRA file AFTER the final settlement date (I worked out it would take me three years to clear them all) so I chose to ride it out. Foolishly I have never done a 'prove it' or SAR letter to anyone thinking it would open a can of whoopass I could do without.

 

The default registration dates are (according to checkmyfile and Experian) Feb 2007, April 2007 and May 2007. All reported until the same time 2013. I have had no contact with any of the OCs and made no payments to any since at least two months before the defaults (hence the defaults).

 

Out of interest - there is another one due to fall off in Sept 2013 (but Talk Talk can go whistle for that one - there is another thread with a similar story to mine about phantom charges). What happens to my credit profile after that? Then there will just be a bank account, will I still find it impossible to get a mortgage?

 

Thanks.

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Statute Barred time scale runs from the date when a payment was due and not paid after which no other payment was made, the default date is up t 5-6 months

after the last payment so debt defaulted Feb.2007 may well already be statute barred.

 

You will need to build a credit profile over 3-4 years at least, mortgage lenders are increasingly looking for upto 6 years good ++ credit management.

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OK, I can live with that - gives me a chance to save up for my 40% deposit :violin:

 

On CRA files, I am assuming then that the CRA state they will retain records for 6 years after the default date but Statute Barred is counted from the first outstanding payment provided no further payment is made? Making them different scenarios. This gets more headache inducing.

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ALL defaults are removed after 6 years paid or not.

Yes is adebt becomes SB before a default ''expires'' the entry remains for the balance of the six years.

Totally different scenarios.

  • Confused 1

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  • 4 weeks later...

Hi,

 

I was reading back through and noticed in a previous post you mentioned that even though a debt is statute barred, it is still collectable by any means short of a court order? Does this open up another can of worms i.e. their methods become a little more unsavoury knowing that a court would not be interfering in recovering an unenforceable, but still collectable debt?

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Once a debt is SB the OFT in Guidance 2003/2012 states that ''it is unfair to continue to pursue (a statute barred debt) after the debtor has informed the creditor (DCA) that the debt is statute barred, to continue to do so could amount to harassment''.

That's the end of the debt at this point.

In Scotland the debts is SB after 5 years and extinguished.

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