Ruthbridge - what next?

[hunkydory]

Hello. Could someone just help. I take it that once the CCA has been sent off Ruthbridge have 12 working days to action this request. Once they fail to comply, what is the next thing you should do? I note they have cashed the cheque for £1 and deducted it from the amount owing but haven't provided a copy of the credit agreement or any information regarding what the alleged amount owed is in relation of.

 

Surely they are demanding money with menaces if they don't provide details of the alleged debt - if I bombarded someone with calls and letters demanding a 4 figure sum with no explaination, I'd end up in a nice police cell!?

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anythin.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Excuted Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has commited a summary criminal offence and the matter should be refered to Trading Standards for action.

 

I hope this clarifies some things.

[conar686]

HD

 

As CB says don't talk to them more than you have to, if they call just tell you are disputing the debt & you have sent a CCA request & are awaiting their response followed by - put the phone down.

 

Once the 12 days has passed you need not make anymore payments as the debt has entered into dispute. You could send them a note to this effect and remind them of the following;

 

'They will be in breach of OFT Debt Collection Guidance on ‘unfair business practices’ July 2003 (updated December 2006) by not ceasing collection activity whilst investigating a reasonably queried or disputed debt'

 

Once the 30 days has passed without a properly executed agreement being produced report them to their Local Trading Standards as they will have committed an offense against the act.

[hunkydory]

Hi and thanks for this info. I never called Ruthbridge - so they don't have my phone number. Needless to say my £1 postal order was cashed and clearly taken off the alleged debt (received another threatening letter which shows this) but still no CCA. Time is ticking on towards 30 days at which point I will follow your advice and contact Trading Standards.

 

I am not worrying - if they try to file for bankruptcy, they will have to explain to the court why they have failed to abide by the law or the county court procedural rules!

 

Thanks again! And thank heavens for the CAG & BAG site!

[Curlyben]

Hunky, remeber it's 12 WORKING days first then a FURTHER month.

Also don't approach TS until the 12+month expires and they start demanding payment again.

[lookinforinfo]

After the deadline has passed [ie 12+30] write to them pointing out that the £1 was for the CCA request as they well know, not to reduce the debt. Tell them that Trading Standards are aware of this ploy by DCAS trying to avoid

their responsibilities. And oh yes-they have committed an offence.:[but don't report them yet]

Also you don't want action on your account since it may prolong the time

before the Statute of Limitations kicks in.

[hunkydory]

Any advice please - have received a letter from RB asking me to telephone them to discuss my complaint about their actions (ie failure to comply with CCA request etc). As if!! Should I reply to letter now or just go and complain to TS? Can I also complain about them to the OFT or someone else with clout? Thanks!

[Curlyben]

File it under IGNORE.

If they have something worthwhile to say they'll write back

[hunkydory]

I think my Rottweiler had the best approach - he put teethmarks in the letter when the postie delivered it!!

Any advice as to who and how to complain about Ruthbridge gratefully received!

[conar686]

I think my Rottweiler had the best approach - he put teethmarks in the letter when the postie delivered it!!

Any advice as to who and how to complain about Ruthbridge gratefully received!

 

Wait until the timeline runs down (12+2 working days + 31 Calender days) and then place a complaint with OFT on here

 

Consumer Direct

 

and locate their local TS and place a complaint with them.

 

http://www.tradingstandards.gov. uk/

 

You can then write them a 'bog off' letter Curly has a good one 'apparently'

[ODC]

Ruthless are persitant buggers if nothing else. They will try all sorts to try to get you to ring them including mysterious postcards telling you they have an express delivery parcel to deliver or ring xyz urgently on 12345667.

 

You have made a legal request for your CCA and sent off the £1 required. What Ruthless actually do with it is their concern because your CCA request clearly states what it is for. Let them commit the summary offence and then begin an attack on them. In addition to the formal complaint to TS you should also write to Ruthless and demand a copy of their complaints procedure. If they fail to supply you with one or fail to deal with your compllaints in a satisfactory manner then complain to the FOS who will charge THEM £400 to be investigated. Curlyben has a library of BOG OFF letters to deal with most threats and lies from the DCAs

[Curlyben]

Well as conar is doubting.

Try them with this one:

Edit as needed

 

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 25th May 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully

[conar686]

Well as conar is doubting.

Try them with this one:

Edit as needed

LoL - Never doubted you for a minute oh great one.