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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.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Ruthbridge: Help, I'm terrified of what i said


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Hi all,

 

I'm minutes new to this site and here because i desperately needed to find out about this company called Ruthbridge - and voilla!!! I stumbled on The Consumer Forum :-)

 

I fell into debt with a Barclays loan nearly 6 years ago which was passed on to Hillesden Securities and Direct Legal. As Hillesden harrassed me many years ago, i chose to ignore them instead and i have been silent for about 3 years. Since then, the debt was passed on to Direct Legal - hence futher silence from me, and 3 weeks ago, i was contacted by letter by Ruthbridge.

 

Well, last week, a call after many years was made to my home while i was at work. Susan Jones from Ruthbridge explained herself to my 12 year old daughter as being a friend and needed to contact me urgently - and my daughter gave her (against all my DONT DONT DONTS) my work phone number.

 

I was contacted at work where i explained that i couldnt talk and i was told very briefly that a bankruptcy order was soon to be taken out on me. Terrified, i called them but Susan's time and mine did not coincide as she finished work before i etc.

 

This morning I called them and discovered they had my mobile number. I admitted to the debt as i was arranging to pay it off monthly but she would not have it. The debt is for 1400.00. She refused point blank. She threatened a warrant by the courts to size up what i had for this bankruptcy order and i explained that my property was rented privately. She asked for my landlords name - i gave it stupdily but not his address. I dont see this would be hard to find out.

 

The long and the short is that they have given me a few days to come up with how much money i could get off everyone to pay off the total 1400 pounds or of the maximum figure that i can get to, so that they could then bring it to their client as an offer.

 

What puzzled me throughout the day was that not only did she make clear that they werent a collections agency and of their imminent intention to start bankruptcy proceedings against me with no option of any other measure, but the correspondence they have issued, states everything else but no mention of bankruptcy whatsoever. So, looking at the correspondence tonight of a Judgement or attachment to earnings, i have scratched my head a thousand times as to why there is no mention of bankruptcy - and i am losing sleep.

 

I also have baby twins which is a mass but lovely expense but this just proved to Ruthbridge today that i was all the more in a position to be made bankrupt. I swear when i got back from work this evening, i seriously considered the prospects of doing something immoral to obtain the money - but i am too principled - yet i am really stuck! Thanks to deciding to check up on them, i stumbled on a lot of info from your site which has proven that nagging thought i had about them as being not quite reputable.

 

However, in all that i have read on your site, i feel i have gone against the grain in comparison. I admitted or acknowleged my debt and avoidance of it because of previous behaviours from other debt collection agencies. I gave them my landlords name, they got through to my daughter, they have my work number/home & mobile? What can i do? Incidentally, i was never given a CCJ for the debt and it is either due to be 6 years or it has just gone over.

 

I would really appreciate some help on this.

 

Many thanks

D

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I admitted to the debt as i was arranging to pay it off monthly but she would not have it.

Verbal admittance doesn't mean anything - it has to be in writing. To find out whether the debt is statute barred I would ask them for a statement of account (which is free). Send it recorded delivery and don't sign the letter.

 

Also send them this letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html and include something about not phoning you at work.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hey DSM,

I'm sorry you've got this worry along with a young family.

The first rule is - don't panic.

You've made a good step forward by looking for answers...

 

Just a few questions to get things in order first:-

 

What have you received in writing from Ruthbridge?

Have you kept any letters etc from Barclaycard abuout the debt from years passed?

Have you been issued a default notice?

Have you received anything to say that the debt has been assigned (legally passed over) to Ruthbridge, or anyone else?

Can I assume that you are also on benefits - working part time?

 

Once the above are answered, it will guide the responses you need.

 

There are template letters to be used, and from now on - do not answer calls from the DCA, do not call them.

Everything must be in writing to defend your position, and as proof of what has been said/agreed ok!

 

Chin up - do not panic.

 

Perseus

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Hi Perseus,

 

Many thanks for your reply. The answer to your questions are as follows;

 

1. I've received 2 letters from Ruthbridge. The first a letter of instruction from their Client Direct Legal & Collections - Assigned from Barclays Bank. The 2nd letter i 'flung' somewhere but i remember that there was nothing regarding bankruptcy on it as they had made contact just before that and alerted me to that.

 

2. It was a Barclays loan and yes i kept much of the letters. There were many and i have a huge folder on it. I threw the letters in their but never sorted it out. The cowboys also charged me 90+ pounds each month out of the payment of 100.00 pound a month i was making. Therefore, about 6 pounds was going to the debt on my overdraft until they gave me a loan instead.

 

3. Incidentally, i checked my full credit record with both experian and equifax about 3 weeks ago. Barclays registered a default i think, but then marked it satisfied when they passed on the debt. Hillesden Securites then went on to register continuous defaults against me and i couldnt believe that this has ran on up until it was passed on to Direct Legal, who also have registered defaults against me - during my period of silence and no contact. I counted 6 years from Hillesden Securities and was questioning whether this should still be on my record now?

 

4. This Ruthbridge letter states being instructed and i think the others did. All stored away at the moment but i can dig that out tomorrow and check it all.

 

5. I'm working nearly full-time/ 30 hours - and yes, working tax, child tax credits tops it up.

 

I certainly wont answer anymore calls from them, phew, lol. I was nearly ready to sell my soul. Well at least i'm laughing about it now.

 

Thanks alot Perseus

D

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Hi Rory, thanks for that;

 

Dont sign the letter??? So do i write the letter in the 3rd person - if that made any sense. Forgive me, i'm so new to this that i think i'll be an expert on it once it's over.

 

Statue barred, means the 6 year period has passed?

 

The idea of the harrassment letter is brill. What about not questioning my 12 year old?

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The reason for not signing the letter is that you may later have to do a CCA request. This asks for a copy of the credit agreement that would have been taken out at the time of the loan. Without this, or if the agreement doesn't comply with the Consumer Credit Act, the debt is unenforceable even in a court of law. Do not sign letters to DCA's because it is very easy to scan and paste signatures onto documents. They have been reported to have done this in the past. If you feel you must sign letters sign them in a different way than you normally would.

 

Statue barred, means the 6 year period has passed?

 

Yes. Which means that they can no longer enforce the debt.

 

What about not questioning my 12 year old?

They shouldn't be discussing anything with your daughter. They have stated they are a friend to try to get round the Data Protection Act. Ask for a copy of their complaints procedure. They have to provide you with this, if they don't you can report them to the FOS.

 

Once they supply you with their complaints prcedure obviously complain about this deception. They then have 8 weeks to respond. If they don't respond to your satisafction you can then report them to the FOS. If the FOS investigate the complaint they charge them for it. The starting price is £400.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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While you are there, tell them the manner you which to be contacted. That is definetely not to be contacted at work ever again. Immediately go through the complaints procedure with the possibility of a FOS charge the first call that transgresses your instructions. They are like particularly nasty little children that need a sharp lesson to curb their ill behaviour.

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hi dsm i hope you dont mind me reading your thread but im going through the same thing with ruthbridge as are a lot of other people on here

 

and just like you i was petrified............. but im not now thanks to the wonderful advice given to me on this fab group which i am following to the letter

i know it is very worrying and when i first had a letter from these ....... i was physically sick but some of us are all in the same boat so try not to worry.............

and be strong for your kids i know we are all going to fight these t*****s together:) x

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I would be inclined to send them a CCA request now.... adding the words I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY at the top, just in case it hasn't yet gone over the statute-barred timeframe.

 

It sounds as if this debt has been sold on, so if there is no CCA.... Ruthbridge will be stuffed. If it's over 6 years old, then they are stuffed anyway. ;)

 

Send the CCA by rec. delivery and keep the receipt. A CCA request only costs £1 (enclose a PO)... and as advised, don't sign it.... just print a "sig." on there....

 

I will go and find the CCA link for you....

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Scroll down to Letter N.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

While you are waiting for a written response to thes request, do not have any more dealings with them over the 'phone. This is what they want... as it is there only way of telling you complete bowlarks in order to get a payment from you.

 

If you need a bog off letter, I will post one up on here later... which will address most kinds of scheming to try and get hold of you.... From now on however, make a note of all calls (even attempted ones) to your home, work, anywhere at all.... log them by time and date. If you have a name, then log that as well.

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Hi DSM. I'm just subscribing to offer my support as you've had all the good advice you need for now. Keep posting your progress and everyone will help you as much as they can.

 

Working full time, a 12 year old AND twins - you must be exhausted :o All the more reason to get this situation under control.

 

Best wishes ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi DSM. I'm just subscribing to offer my support as you've had all the good advice you need for now. Keep posting your progress and everyone will help you as much as they can.

 

Working full time, a 12 year old AND twins - you must be exhausted :o All the more reason to get this situation under control.

 

Best wishes ;)

 

:) Just wanted to echo what Hopeful said.

Plus, I'm dealing with DLC/Hillesden. They're the same company, and seem to choose between the two when they write.

Subscribing, and best wishes! :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Hey DSM - you got plenty of supporters here now, hopefully the panic has eased, and the empowerment is building!

 

One last but important thing to remember - is in any communication always refer to a debt or agreement as 'alleged'.

You must not in writing, confirm, acknowledge or accept liability for any 'alleged' debt until or if such time as solid proof is presented to you - ie a True Copy of the Original Signed Executed Credit Agreement!

That last phrase is what must appear in your CCA request - anything less, and they will be obligewd to provide a 'copy' which can represent what you may have signed...

Important difference!

 

Good luck

 

Pers

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Hi Rory, thanks for that;

 

Dont sign the letter??? So do i write the letter in the 3rd person - if that made any sense. Forgive me, i'm so new to this that i think i'll be an expert on it once it's over.

 

Statue barred, means the 6 year period has passed?

 

The idea of the harrassment letter is brill. What about not questioning my 12 year old?

 

One other thing to consider is that Rutherbridge are the lowest of the low- they are the very bottom of the barrel. Other companies will get Rutherbridge involved when the said debt is statute barred or just about to be statute barred. Like people have said before, a telephone conversation means nothing re admittance.

 

It's my bet that this 'debt' is statute barred or almost so. If it is statute barred already, it can't be 'restarted' anyway - even with a payment. Once statute barred it stays that way.

 

Ruthbridge should be reported for talking to your daughter like that - they are under investigation already, so the more complaints against them the better. ALso, this can be your way of paying them back for putting you through what they have done. How good would it feel knowing you've cost them £400 re a complaint ? ;-) :-)

  • Haha 1

Just hate every DCA out there

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Hi all, thank you so much for your replies. I havent read them all yet as i have just come back from work. However, i have my cup of tea ready and i shall read them all thoroughly....right now, this minute :-). And of course, i will answer or question whatever comes up. But thanks again.

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Hi DSM,

 

I was like you when i got my letter from ruthbridge 4 weeks ago and with the good advice people have given me here i have followed it and sent them letters and the harassment letter as they were calling me 18 times a day.

 

Chin up you are not alone i know it feels like it but the people on here will give you good advice on dealing with ruthless oops i mean ruthbridge :)

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then your troubles could continue for many years go with it they cant do anymore to you if you follow all the advice you have read upto now i know making that first tentative step is the hardest part but do it you wont regret it

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What if i chose to just ignore them as i had done over the years? even if the debt isnt statute barred?

 

You'll most probably end up with a CCJ and County Court Enforcement Order, and all that goes with it including the costs. You've taken the hardest step, please don't faulter now, you can beat these people! (Really!)

 

These people aren't infallible!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

 

Best wishes, Dave.

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DSM take your time to get your head around all the information you've been given. i came here feeling like i had nowhere to go. Within no time, by following the advice i was given and doing lots of reading of the other threads, i felt so much better. You will feel better too when you start to take control. It's not always easy, but knowing your rights and understanding the games many of these DCAs play, will give you the courage and the energy to see this through.

 

Honest!! :p

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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