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    • Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done. Here is a version which I think is nigh-on finished. However, with Easter there are a few days for the other regulars to suggest tweaks. Defendant WS.pdf
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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
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Ruthbridge Ltd/Direct Legal & collections/Citifinancial Europe


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Recived another letter this morning from the LITIGATION & ENFORCEMENT CENTER. I am now ready to play them at their game. CCA request going next day recorded today, do you think I should add that their threat of a visit from an agent will not be taken lightly and seen as harrasment?

cheers guys

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Recived another letter this morning from the LITIGATION & ENFORCEMENT CENTER. I am now ready to play them at their game. CCA request going next day recorded today, do you think I should add that their threat of a visit from an agent will not be taken lightly and seen as harrasment?

cheers guys

Just simply tell them that any visit by any representative of theirs will be seen a Trespass and dealt with accordingly. You withdraw any permission for them or any represeantive to enter your property without your express permission. Inform them that if they permit an agent of theirs to call at your property after this they will be jointly liable for the tort of Civil Trespass.

 

Only very few people such as postmen, emergency workers, court appointed emplyees etc have the right to call at your property without your permission.

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Hi

Today sees another letter now without prejudice stating they are advising their client to make me bankrupt :D. Yesterday I had seven days to respond to the letter then today I get this. Can someone take a look at this letter then I can post today, thanks

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR YOUR CLIENT

Dear Sir/Madam

With reference to the above, I would be grateful if you would send me an Original Copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act; under no circumstance should this be offset against any alleged debt.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Further to the above, please ensure that any contact by you is made in writing only to the above address. Telephone calls will not be accepted and viewed as harassment. Any visit by any representative of yours will be seen a Trespass and dealt with accordingly. I withdraw any permission for you or any represeantive to enter my property without your express permission. If you permit an agent of yours to call at my property after this you will be jointly liable for the tort of Civil Trespass.

 

I look forward to hearing from you within the statutory time limit Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

I look forward to hearing from you.

 

Yours faithfully

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Hi

Today sees another letter now without prejudice stating they are advising their client to make me bankrupt :D. Yesterday I had seven days to respond to the letter then today I get this. Can someone take a look at this letter then I can post today, thanks

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR YOUR CLIENT

 

 

Dear Sir/Madam

 

With reference to the above, I would be grateful if you would send me an Original Copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act; under no circumstance should this be offset against any alleged debt.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Further to the above, please ensure that any contact by you is made in writing only to the above address. Telephone calls will not be accepted and viewed as harassment.Any visit by any representative of yours will be seen a Trespass and dealt with accordingly. I withdraw any permission for you or any represeantive to enter my property without your (should be my) express permission. If you permit cause or instuct an agent of yours to call at my property after this you may be jointly liable for the tort of Civil Trespass in addition to any Criminal Offence which may be commited by your agent

 

I look forward to hearing from you within the statutory time limit. Non-compliance with my request is a summary criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

I am disgusted by the treatment of your agents and wish to make an official complaint. I would be grateful if you can also send me details of your complaints procedure. Failure to do so will result in an immediate complaint to the FOS

I look forward to hearing from you.

 

Yours faithfully

 

 

Just a few changes. Someone more expert in these matters will be along later to make a few more amendments

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Its all gone quiet, two letters in as many days then nothing after they recived one from me. I wonder what there up to?
Some monkey is probably deciding which button to press on the Threatomatic Computer:grin: to see what idiotic reply to send you

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Sorry....don't intend to hijack this thread but I need some advice re a Citifinancial Loan and 1st Credit. After months, they sent me a copy of the original agreement and it looks legit (!). the only thing missing seems to be a 'right to cancel' clause. 1st Credit is threatening a to take this to court. I can't scan the document onto the thread. Are there different laws for loans vs. credit cards re agreements?

 

I need to respond fairly quickly and would consider the following letter that was originally suggested to me by PriorityOne:

 

I refer to your letter of XXX

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my legal request for a Consumer Credit Agreement (Consumer Credit Act, 1974); received by 1st Credit on XXXX, followed by a letter dated XXXX and XXXX to remind them that the above account was in dispute. I also contacted Citifinancial directly by letters dated XXXXX (and copied to your firm) and XXXX. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by Citifinancial and 1st Credit under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully

 

But I don't want to aggravate the situation if I don't have a legal leg to stand on.

 

Again, apologies for crashing your thread.

 

Cristal

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Like a bad smell, Ruthbridge are sending letters again!

I have now been given a set time before the commencement of bankrupcy, and they are no longer prepaired to correspond with me reguarding this matter. But to avoid legal action I can pay a lower fixed sum!

 

Oh, and they have cashed my postal order for my CCA against the debt but no mention of my request. Any advise as to my next move?

Thanks guys

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DO NOTHING!

Just wait for them to default on your CCA request (assuming you've sent it)

Don't worry about the "bankruptcy/legal action" threats, they're just that-threats.I happen to know Ruthbridge are NOT a solicitors and cannot or will not issue any legal action, they're just trying to scare you, as they tried with me.

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Sorry to hijack but i am in a similiar situation. I currently pay £20 monthly to Fredrickson int Ltd by DD every month. I am about to send the CCA request off but am unsure whether i should let the payments carry on. If they do come up with the CCA will i have then blown the chance of paying £20 monthly( debt is £7500). Thanks for any replies.

Its better to live one day as a lion than a thousand days as a lamb!!!;-)

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Sorry to hijack but i am in a similiar situation. I currently pay £20 monthly to Fredrickson int Ltd by DD every month. I am about to send the CCA request off but am unsure whether i should let the payments carry on. If they do come up with the CCA will i have then blown the chance of paying £20 monthly( debt is £7500). Thanks for any replies.

If they are accepting £20 a month now they will find it difficult to force you to increase it in the highly unlikely event of being able to produce a CCA. If as is more likely they cannot produce a CCA then stop paying after they default. Let them go into huff and puff mode then. They are a bunch of Bengal Lancers. If you want any further help please start your own thread as this avoids confusion:)

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DO NOTHING!

Just wait for them to default on your CCA request (assuming you've sent it)

Don't worry about the "bankruptcy/legal action" threats, they're just that-threats.I happen to know Ruthbridge are NOT a solicitors and cannot or will not issue any legal action, they're just trying to scare you, as they tried with me.

 

Hi cmad69, They signed for the recipt of CCA request letter on the 21st of this month. What happens about using the postal order against the alleged debt and not for the CCA request as clearly stated im my letter?

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Hi Tatter, don't worry its just another nail in their coffin. You have it in writing telling not to apply it to your account :p

 

Regards

BigAndy

The Grand essentials of happiness are: something to do, something to love, and something to hope for.

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Hi cmad69, They signed for the recipt of CCA request letter on the 21st of this month. What happens about using the postal order against the alleged debt and not for the CCA request as clearly stated im my letter?

What they do with the £1 is not your problem. In the CCA letter you have clearly told them what the £1 is for. They are playing silly beggars and as for acting stupid, its no act.

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  • 4 weeks later...

Hi

Recived another letter today offering me a final chance to sort this out. They claim their clients will accept £50 per month and I have seven days to reply otherwise they will take the legal route! I also have a very scruffy payment agreement to sign. Is this a new tactic or has anyone else had this?

Thanks

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Have they still not responded to your request for the CCA. They must soon be entering summary offence time. If so sit tight and once they commit the offence report them to Trading Standards

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Their left and right hands dont know what each other are doing.

Once the CCA filters through it'll all stop.

 

(Just try not choking on the dust cloud DLC make as they leg it to the hills)

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