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    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • notodebt
      SJP letter from courts - Car tax fine

      By notodebt · Posted

      I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Passerby0233
      MET ANPR PCN - NtK - BP Blue Boys Tonbridge - Burger King Car Park NOT BP car park.

      By Passerby0233 · Posted

      Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • BankFodder
      Lost items sent through Parcel2Go and EVRi

      By BankFodder · Posted

      Please check back later on today for a fuller response and some edits

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Ruthbridge Ltd & Hillesden Securities

LAN01

By LAN01
in Debt Collection Agencies

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LAN01

LAN01

Posted
Posted

I sent a CCA request on the 21/3/07 to Ruthbridge Ltd after receiving a letter headed Notice before proceedings. On the 16/4/07 they sent me another letter and attached to this was a computer print out with a customer number and agreement ref number and a list of transactions. Definately no true copy of an agreement etc. So I sat patiently waiting for the 42 day deadline.

 

In the meantime I received my cr files and noticed that I have a default on one of my files regarding this debt but it was made by Hillesden Securities so I sent off a CCA to them with a view to if they cannot produce the agreement I would then push to have the default removed from my cr file.

Hillesden have acknowledge my letter and have stated they will contact their client for a copy of the orginal agreement and when this becomes available they will forward it to me. Secondly if they are unable for forwad a copy of the orignal they will supply a true copy of the document which will comply with section 78 of the consumer credit act 1974.

 

Today I have received another letter from Ruthbridge which says:

 

WITHOUT PREJUDICE

 

They are no longer prepared to correspond with me further regarding this matter and will be advising their client, no later than 18/5/07 to issue a petition for my bankruptcy etc etc.

 

However as a final opportunity to avoid legal proceedings they are prepared to accept a lump sum as full and final settlement and as an added incentive will mark my cr file as 'satisfied'

 

My questions are:

 

1. Can 2 dca's chase the same debt?

 

2. Ruthbridge will have committed an offence on Friday so what do I do next?

 

3. Who acutally owns the debt Hillesden or Ruthbridge?

 

The orginal debt was for Welcome finance back in 2002 and due a long term illnesss and losing my job as a result I was unable to continue payments.

 

 

Any help with this will be gratefully appreciated.

 

Lan

No one can make you feel inferior without your consent :)

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tiglet

tiglet

Posted
Posted
I sent a CCA request on the 21/3/07 to Ruthbridge Ltd after receiving a letter headed Notice before proceedings. On the 16/4/07 they sent me another letter and attached to this was a computer print out with a customer number and agreement ref number and a list of transactions. Definately no true copy of an agreement etc. So I sat patiently waiting for the 42 day deadline.

 

In the meantime I received my cr files and noticed that I have a default on one of my files regarding this debt but it was made by Hillesden Securities so I sent off a CCA to them with a view to if they cannot produce the agreement I would then push to have the default removed from my cr file.

Hillesden have acknowledge my letter and have stated they will contact their client for a copy of the orginal agreement and when this becomes available they will forward it to me. Secondly if they are unable for forwad a copy of the orignal they will supply a true copy of the document which will comply with section 78 of the consumer credit act 1974.

 

Today I have received another letter from Ruthbridge which says:

 

WITHOUT PREJUDICE

 

They are no longer prepared to correspond with me further regarding this matter and will be advising their client, no later than 18/5/07 to issue a petition for my bankruptcy etc etc.

 

However as a final opportunity to avoid legal proceedings they are prepared to accept a lump sum as full and final settlement and as an added incentive will mark my cr file as 'satisfied'

 

My questions are:

 

1. Can 2 dca's chase the same debt?

 

2. Ruthbridge will have committed an offence on Friday so what do I do next?

 

3. Who acutally owns the debt Hillesden or Ruthbridge?

 

The orginal debt was for Welcome finance back in 2002 and due a long term illnesss and losing my job as a result I was unable to continue payments.

 

 

Any help with this will be gratefully appreciated.

 

Lan

 

1. No, they can't - it's against OFT guidelines. Report them.

 

2. They've already been naughty by pursuing you for the debt while not producing the CCA - again, agaisnt OFt guidelines, again - report them.

 

3. Absolutely no idea - it's very difficult to say under these circumstances. Contact your local TS and see if they can help you to get to the bottom of it.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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LAN01

LAN01

Posted
  • Author
Posted

Thanks Tiglet I thought as much but just wanted to hear it from someone else :)

 

Is there a letter that I send to Ruthbridge re their non-compliance and offence and to notify that they are to remove my details etc from their records?

 

Lan

No one can make you feel inferior without your consent :)

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LAN01

LAN01

Posted
  • Author
Posted

I can't find the letter I am looking for, can someone point me in the right direction.

 

I am looking for the letter to send to a dca who has failed to provide me my CCA request.

 

Thanks

No one can make you feel inferior without your consent :)

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tiglet

tiglet

Posted
Posted

I can't find it, so amend this:

 

Your address

Their address

Date

Dear Sir/Madam

Re: − Reference Number xxxx

With reference to my letter dated xx/xx/xxwhich was delivered via recorded delivery to your offices on xx/xx/xx.

In my letter, I made a formal request for a copy of the signed, executed credit agreement for the above numbered xxx account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition, a statement of my account should have been sent along with any other document mentioned in the credit agreement.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on xx/xx/xx and xx/xx/xx respectively.

As you are no doubt aware subsection (6) states:

“If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence. “

Therefore as at xx/xx/xx this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities should I not receive a satisfactory response within seven days.

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

Failure to respond favourably to this letter within seven days of receipt will result in immediate litigation being commenced against your company without further notice.

I await your rapid response.

Yours faithfully

Name

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All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted

No probs - let me know how you get on.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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LAN01

LAN01

Posted
  • Author
Posted

I have received from Hillesden a copy of the credit agreement requested in my CCA request last week. Now Hillesden have not attempted to request payments, I have had no correspondence from them whatsoever. I only sent the CCA request as they had a default on my cr file.

 

I have been hounded by Ruthbridge for the said debt and threatening bankruptcy proceedings if I don't pay up. They have defaulted on the CCA request and on Friday will have committed an offence.

 

Where do I stand now?

 

1. Hillesden have provided the agreement but there is no terms and conditions.

 

2. They have never chased me for the debt only put a default on my cr file.

 

3 Ruthbridge haven't supplied anything and are still chasing me for payment.

 

Any suggestions?

 

Lan

No one can make you feel inferior without your consent :)

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tiglet

tiglet

Posted
Posted

Are you sure it is a complete CCA? The fact that they have not provided T&C's sounds a bit dodgy to me. The fact Ruthbridge haven't provided one means that once they default they cannot then hound you for the debt until they provide it. Let them default for the further 30 calendar days before you report them.

 

Check that it isn't an application form, is signed by both parties and has all prescribed terms etc on. Alternatively, scan it in, removing all identifying features (your name, address, DOB etc) and we can have a look at it for you on here.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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LAN01

LAN01

Posted
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Posted

Hi Tiglet

 

It is definately part of a Credit Agreement but refers to terms and conditions "over the page" (which have not been included), from what I can see but I will scan it and post later on tonight as I have to go to work shortly.

 

The debt is from 2002 and with Welcome Finance, Ruthbridge are already in default and the further 30 days is up on Friday (criminal offence commited so will be reported). At the moment Ruthbridge are the least of my worries, I just want to know who owns the debt Hillesden or Ruthbridge as surely they both can't!!

 

Both Ruthbridge and Hillesden refer to "their clients Welcome Finance" in their letters. I was of the understanding that only one dca was allowed to collect an alledged debt, because Hillesden say they are acting on behalf of Welcome Finance do they have the right to put a default notice on my cr file? Also if Ruthbridge are trying to collect why do Hillesden still have access to my info? Is this too not right and what can I do about this?

No one can make you feel inferior without your consent :)

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tiglet

tiglet

Posted
Posted

Oh, I so sound like a stuck record on this forum :) . Report welcome finance to the OFT as you are right, they should not be using two DCA's for one account. However, it is possible that one of the DCA's is employing another DCA, so you may want to call them both and double check exactly who their client is.

 

It gets very confusing in their murky world, doesn't it?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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LAN01

LAN01

Posted
  • Author
Posted

Very confusing, I knew this wasn't going to be easy, but for heavens sake the left hand doens't seem to know what the right hand is doing with these lot!! I will contact them both in writing as they don't have my telephone number and I don't want them to start harrassing me over the phone at this stage! I have searched the internet and haven't found a connection between the 2 companies, but I will certainly be demanding to know what is what!!

No one can make you feel inferior without your consent :)

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Sparkie1723

Sparkie1723

Posted
Posted

This agreement does not comply with Sectin 60 2 (b)of the COnsumer Credit Act Form & content of agreements...which says must contain certain requirements to ensure that specified information is clearly brought to the attention of the debtor or hirer, and that one part of a document is not given insufficient or excessive prominence compared with another.

e.g the interst rate staes APR (big letters) but the mention that this can be varied is in the small print ( variation in accordance with clause b overleaf) this does not comply with that section.

the loan agreemnet should also state VERY cleary that it is a variale rate interest loan agreement and stated in the top section of the agreement (header). This is not a lawful agreement, it is full of holes.

 

sparkie1723

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tiglet

tiglet

Posted
Posted

I absolutely agree - the fact they did not provide the otehrs items they should have is a problem for them too.

 

Sorry, drinking wine - too stressed - will post in full tomorrow, no doubt with a splitting headache.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted

Whiskey - it will cure whatever ales you.

 

If it's flu, heat some lemon 7 honey and then add it to the whisky.

 

Not as mad as it sounds - honey has antiseptic properties and lemon has vitamin C.

 

Whiskey will help you sleep!

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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LAN01

LAN01

Posted
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Posted

Well I feel sooo much better this morning and I am ready to start fighting these idiots all the way!!

No one can make you feel inferior without your consent :)

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LAN01

LAN01

Posted
  • Author
Posted

Hi Tiglet and Sparkie

 

could you give me your thoughts on the above credit agreement sent by Hillesdens. I would like to get my facts right before I contact them again.

 

Cheers for all your help to date.

 

Lan

No one can make you feel inferior without your consent :)

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