manf v Ruthbridge and Littlewoods

[ODC]

Just opening a thread for Manf:) to post

[manf]

first of all i would like to thank you for opening a new thread for me.......

so what step do i take next they have told me i owe them 2544.33 and because i was in a state i offered them 50.00 a month which i have to start paying 1/8/07 and they want my bank details so i dont know what to do now any help please !!!!!!!!!!!!!!!!!!!!!!!!

[surprise]

Whatever you do don't give them your bank details. Have you sent a CCA letter to them yet?

[ODC]

first of all i would like to thank you for opening a new thread for me.......

so what step do i take next they have told me i owe them 2544.33 and because i was in a state i offered them 50.00 a month which i have to start paying 1/8/07 and they want my bank details so i dont know what to do now any help please !!!!!!!!!!!!!!!!!!!!!!!!

http://www.consumeractiongroup.co.uk/forum/show-post/post-162367.html This is the letter you need to send them. Send it by recorded delivery. DO NOT SIGN WITH YOUR NORMAL SIGNATURE send a postal order instead of a cheque. DO NOT SPEAK WITH THESE PEOPLE ON THE PHONE. Post the CCA letter off and sit back and wait. In 12 working days after receipt they will be in default and you dont have to pay anything to them until they produce a valid CCA. 1 Calendar month later they will commit a summary offence and you then report them to Trading standards. Ruthbridge are well known bullies and are very economical with the truth thatis why you must keep everthing in writing and never speak to them no matter what they say. You will get all the help youi need on here to defeat these shylocks

[Curlyben]

Well ODC beat me too it, but did cheat as he opened the thread in the first place.

 

You MUST ensure that these "people" have the legal right to collect on this debt. A CCA request does just that.

[kennyparkroad]

and if your too busy to look it up

use something like this

Dear Sir/Madam

Name:

Reference:

DEBT IN LEGAL DISPUTE

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement.

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

Please also supply a signed true copy of the deed of assignment of the above referenced agreement if applicable.

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act, this fee is not to be offset against any alleged debt.

 

I look forward to hearing from you within the statutory time limit.

 

 

 

 

 

 

 

 

[ODC]

Well ODC beat me too it, but did cheat as he opened the thread in the first place.

 

You MUST ensure that these "people" have the legal right to collect on this debt. A CCA request does just that.

I opened it to help Manf as they were unsure of how to do it. Besides he/she has Ruthless on their case so thats a good enough reason to help out.

[ODC]

and if your too busy to look it up

 

use something like this

 

Dear Sir/Madam

 

Name:

Reference:

 

DEBT IN LEGAL DISPUTE

 

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

 

Please also supply a signed true copy of the deed of assignment of the above referenced agreement if applicable.

 

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act, this fee is not to be offset against any alleged debt.

 

I look forward to hearing from you within the statutory time limit.

 

 

 

 

 

 

 

 

 

Kenny you must have these stock replies of yours stored as macros you rply so quick:D

[kennyparkroad]

lol not quite, just so happens i was close to my "Debt" folder

[ODC]

So there you ManF you have three friend of Ruthbridge on your side already. What one of us doesnt know the others will. Im sure by evening you will probably have more advice than you can shake a stick at. Ruthless are regular readers of this forum so no doubt they will be on the phone to you to advice you that we are all unbelivers and theirs is the one true voice. Have a bucket of salt handy as you will need take everything they say with a pinch. Also salt is really useful for killing slugs

[manf]

hi everyone i just want to thank you all for the wonderful advice you have given me i will write that letter out tomorrow and send them a postal order do i send it to the address at the top of their letter i think their offices are in twickenham ?

 

their clients name is capquest debt recovery ltd

also because i took the catalougue out in 1996 is this a dead debt ?

[ODC]

hi everyone i just want to thank you all for the wonderful advice you have given me i will write that letter out tomorrow and send them a postal order do i send it to the address at the top of their letter i think their offices are in twickenham ?Send the CCA to their registered Office which should be on their scarey letters. Ruthless are demanding the moneyu its up to them to prove you owe it and they have the right to claim it.

 

their clients name is capquest debt recovery ltd

also because i took the catalougue out in 1996 is this a dead debt ?

Its only statute barred if you have not made a payment or acknowledged the debt in writing within the last six years

[kennyparkroad]

send the CCA to littlewoods and to Ruthbridge.

 

recorded delivery, dont sign your "real" signature, put a squiggle in.

[manf]

thanks once again im sending this off today........... how much time do they have before they reply ??????????

[kennyparkroad]

they have 12 working days in which to provide you with the CCA if they dont they then default, which means you can legally stop payment, after the 12 working days are up, its takes a further 1 calender month before they commit a summary criminal offence, after that time, if they produce the agreement, they must go to court to get it enforced.

 

So basically wait until the 12 working days are up, come back and tell us and then start your countdown to the 1 calender month is up.

 

of course if they write back to you in the meantime let us know

[manf]

thanks kenny your a great help to me plus everybody else whi's helping me i don't know what i would do without you !!!!!!!!!!!!!!!

[ODC]

thanks kenny your a great help to me plus everybody else whi's helping me i don't know what i would do without you !!!!!!!!!!!!!!!

Thats what CAG is all about - JUSTICE for the ordinary person against the Bully Boys

[manf]

hi ya just sent off my letter........... watch this space

[manf]

hi guys please help im really panicking now i sent of the cca letter on sat registered post well derek maxwell has just rang me he told me who he was and i said i could'nt talk and put the phone down.............

he tried ringing me back 2 times and i didn't answer so he left a recorded message to say.......... i changed my address without letting them know....... all the calls are being recorded i acknoledged the debt over the phone he is now going to issue bankrupcy proceddings to me and i will have to go to court and he is going to put it in writing and he is not going to speak to me anymore only through my solicitor please help !!!!!!!!!!! im crapping myself

[kennyparkroad]

scare tactics, dont rise to them, its to scare you into paying money!

 

when he phones again and he will get his name, and an address and a fax number

 

simply write him a letter stating

 

 

"i have made a legal request of your company and as of yet you have failed to respond, please be aware that if this matter was to go to court the court would not issue any judgement unless and until my legal request was satisfied".

 

i think thats about right but you may have to check with someone else.

 

PriorityOne?

[manf]

hi kenny thanks for replying so quickly hun..........

do i fax this over to him or do i write him a letter and post it?????????

i have noted the time he rang me and i have kept the message on my phone i have just listened to it again and he sounded really horrible

[Curlyben]

A phone conversation DOESN'T count as legal acknowledgement.

It must be in writing or by payment.

This guy is definantly fishing.

 

I have to disagree kenny, I'd wait and see what they have before taking any other action.

 

Let him think he has the upper hand, as without a signed, executed credit agreement he has SQUAT !!!

 

Also when he calls again let him know that YOU are recording the call as well. Play them at their own game

[kennyparkroad]

keep the recording - you may need it.

 

Fax it to him straight away! keep the printed header sheet.

 

just advise him that while he has not responded to your CCA request the company is NOT permitted to take any further actions until they comply!

[kennyparkroad]

like i said, its just scare tactics to get you to Pay, we have all had them! its just unfortunate that some people cave.

[manf]

hi kenny ive just posted but i cant see it on the computer do i write him that letter or do i fax it?????????? also i know he hasn't replied to my letter in writing but he has telephoned me i have logged the time down and i have kept it on my phone he is such a horrible man he sounded really scary !!!!!!!!!!!!!!!!!!!!