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    • @BazzaS No..  Just that I like to make new ideas work, but have yet to get good at making money out of them! The ideas have worked, and I am now on my sixth startup. I didn't consider contract law in the past though. I have learned my lesson!
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    • @Pierre GA - The jargon behind DD 'guarantees' is, to my mind, mostly marketing. Direct Debits only serve to profit banks. The consumer does not benefit at all. It is far better to pay, via instant transfer from modern digital banks, than by an outdated Direct Debit scheme. Just think for a second.. Does one really want to hand over one's (in my case 'dubious') financial wealth to a third party computer? I would far rather transact and settle my bills myself; I think I should proffer the term 'Financial Zen.'  
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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
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      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
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      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
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    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
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      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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roadhog1

Ruthbridge chasing old Direct Auto Finance Yes Car 'debt'

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Hi,

 

I received a letter from Ruthbridge over a DLC debt which has been assigned to them,

 

this is very old although payments were being made to dlc through a dmc in 2011.

 

I received this letter threatening to make me bankrupt!

 

I decided to send a CCA request to them and have just received a reply today returning my postal order.

 

This states

 

'we write further to your recent correspondence requesting information with regard to our reasons for contacting you.

 

We take note of the points you have raised in your correspondence, however we must advise we are not in a position to reply with your request at this stage as we are required to verify information we have been provided with yourself for the purposes of data protection in compliance with the Data Protection Act 1998.

 

We would appreciate it if you would contact our offices so that we can complete the necessary verification and address and further queries you may have with regards to this matter'

 

Obviously it is a trick to try and get me to call them, but where does this leave me with the CCA request bearing in mind they returned the p order?

 

I should also point out that this debt is no where on my credit file and I think the original agreement must have been way back in about 2004/5, I doubt there is any chance they would have the original agreement.

 

Thanks

 

roadhog

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so a spoofing DCA

chasing a debt for another spoofing DCA

 

that you sadly got spoofed into paying via a fee paying ? DMC

when you prob didn't need to pay in the first place.

 

they've had their pound of flesh already

 

its always wise to ignore them.

 

until you get advise from here.

 

dx


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thanks DX, but where do I stand with the CCA request now?

I sent it recorded delivery etc but they returned the postal order asking me to verify information.

 

Will the CCA request stand meaning the debt cant be enforced until they comply or can they actually issue me with a statutory demand and bankrupt me?

 

thanks

 

roadhog1

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How much are Ruthbridge claiming as the amount claimed will determine whether or not the could apply for bankruptcy. Having had dealings with Ruthbridge I supect this is just one of their bog standard computerised letters aimed at frightening you.

 

As for additional information, you could of course write to them and ask them to explian precisely what is required

 

I cannot for the life of me understand why a DCA would write to you in this manner and then concede that they are not sure who you are. Therefore when they respond you could always respond by questioning why they sent a demand in the first place if they are unsure that you are the person they wish to contact.

 

PLEASE REMEBER THAT PHONE CALLS TO DCA'S ARE AN ABSOLUTE NO NO WITH NO EXCEPTIONS.

Edited by Crocdoc

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I have never seen a statutory demand or bankruptcy petition issued by this horrible little debt collection agency. You have made your request quite clear, if you really want to then send a CCA request to the original creditor too. A fishing letter by them threatening to cancel Christmas and then a letter saying 'we aren't really sure if it is you !!

 

Send their correspondence to the OFT.


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They are claiming about £3,500.00. This is an ancient debt, the original agreement is well over six years ago although like I say payments were made to DLC via a dmc up until July 2011.

 

Thanks

 

roadhog1

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They aren't really sure what to do....and that is why they have responded like they have done, they are desparate to speak to you to bully you into paying. And I would only recommend talking to them on the phone if you can record the calls, saying that, they obviously do not have a telephone number for you (luckily). Otherwise if they do call then you could try this - POST #56 - http://www.consumeractiongroup.co.uk/forum/showthread.php?131475-Dealing-with-DCA-s-phone-calls/page3&highlight=patronising


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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we all pretty much know the DMC's here

 

many are 'in bed' with various DCA's or ex employee that

set them up.

 

get more money from mugs that way

 

who were they?

 

dx


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They were debt free direct I think. They were paying DLC at the time who had the debt then, the original debt was Auto Finance Direct which was an extortionate car finance company.

 

roadhog

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aha - Auto Finance Direct

lots of thread about that lot

everyone shows the customer were fleeced blind.

 

poss time to SAR them

 

i bet theres LOADS to reclaim.

 

alot of their agreements were borderline fraud

 

type their name in our search top right

 

dx

 

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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actually I am wrong it was DFH, any dirt on them?

 

roadhog

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who?

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Hi,

 

I have received letters from DLC regarding a direct auto finance debt from 2004?

 

 

I have not heard anything since 2013 when this debt was with Ruthridge,

I send a CCA letter asking for credit agreement and they could not provide any details and heard nothing further.

 

 

Recently I started getting letters from DLC and now a letter from Mortimer Clarke with a 14 day notice to apply for judgment.

 

 

I think I made payments under a DCA until March 2009 so would be coming up to statute barred.

 

 

my plan is to send a CCA letter to DLC and MClarke by recorded delivery.

Is this the right way to go?

Is it the case that they cannot issue proceedings before providing me with this information?

Not sure what to do with this one really...

 

Thankyou

 

roadhog1

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Have you actually received a claim form roadhog?..its not clear from your post.

 

Regards

 

Andy


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They can still issue a court claim but cannot enforce in court while in default of your CCA request. As the agreement is prior to 2006 they would need the original agreement and not a reconstructed to enforce as the old Section 127(3) CCA 1974 will still apply.

 

The way to go is to send another CCA request direct to Mortimer Clarke.

 

If the last payment was made in 2009 then it will be almost cetainly statute barred now and an absolute defence.

 

These old car agreements are easy to defend anyway as they usd any deposit for the insurance crap, and not the car. Have you claimed back any of that PPI nonsense??

Edited by obiter dictum

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Hi guys,

 

Thanks for your prompt response.

No claim form, 14 day letter saying they will issue.

 

Just looked at the mortimer clarke letter again and their client is ME III limited.

 

I've not received any correspondence from them at all.

 

Last letter from DLC was saying it was being passed to cabot financial who may issue then got a 14 day from MClarke.

 

So if I send a CCA letter to them do I say..

...I do not acknowledge any debt with ME III Ltd or still your company?

 

Cant say for sure re:- statute barred regarding last payment through DCA,

how would I find out this information?

 

thanks

 

roadhog1

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Yes CCA request to Mortimer clarke as they are the solicitors threatening legal action on behalf of their clients. Send recorded delivery. Use a template in the forum library

 

Remember to use the Mortimer Clarke reference number in the letter they sent you

 

If last payment was 2009 or any written communication it would have become statute barred in 2015

 

Your request being a HP agreement will be under section 79 CCA.

I always myself put under section 77-79 CCA 1974 myself to avoid any confusion.

But that is just me

Edited by obiter dictum

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Thankyou. Will do this straight away.

 

Thanks

 

roadhog1

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Hi guys,

 

Thanks for your prompt response. No claim form, 14 day letter saying they will issue. Just looked at the mortimer clarke letter again and their client is ME III limited. I've not received any correspondence from them at all. Last letter from DLC was saying it was being passed to cabot financial who may issue then got a 14 day from MClarke. So if I send a CCA letter to them do I say.....I do not acknowledge any debt with ME III Ltd or still your company? Cant say for sure re:- statute barred regarding last payment through DCA, how would I find out this information?

 

thanks

 

roadhog1

 

Thread moved to the Debt Collection Agencies Forum.


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From what you say it doesnt really have legs but if you do nothing they will think that you wont be bothered to defend a claim.

I bet that the CCA request will elicit a response that they dont have the paperwork but they know you still owe the money but are putting their collection activites on hold for the moment..

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old and new thread merged for history

best to go read the thread from post 1 again everyone.

 

all the DCA's sols you mention are all part of the same group

so its simply willy waving.

 

so you are indicating that after the last thread you paid someone?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi, following on from this.

 

I now have an update.

 

Dlc have provided a copy of the original agreement from 2004.

Unfortunately the last payment made was in august 2011 so not statute barred till August! .

 

there is ppi which doesnt make sense to me and has never been claimed.

 

It looks like deposit has been made up etc.

 

Any ideas as to what to do next?

 

Do i have defence when they issue?

 

Happy to defend if theres a chance .

 

Definitely dont want a ccj though.

 

Many thanks

 

Roadhog1

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If the deposit has been used for ythe insurance crap and not the cost of the vehicle you can use that. Did it myself with Yes Car finance.

 

Put simply it impacts the prescribed terms as in APR and the total amount of credit is misstated.

 

If the agreement fails to comply with s61(1)(a) CCA 1974 the court cannot enforce

 

As the agreement is pre-2007 section 127(3) Consumer Credit Act 1974 will kick in and scrub the agreement

Edited by obiter dictum

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scan up to pdf what they sent please

upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi,

 

 

It was yes car credit and the deposit shows on the PPI part not the vehicle cost. The car was actually given back to them because it didn't work and they failed to fix it. I will upload the PDF as soon as I get home.

 

 

thanks for your responses

 

 

Roadhog1

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