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PLEASE! Urgent Advice needed re: Ruthbridge


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Hi,

 

I am hoping someone can offer me some advice on what steps to take next.

In March of last year a debt collection agency contacted me saying they were acting on behalf of Barclays with respect to a 6 year old debt in my name.

I informed this agency I did not recognize the debt and could they please provide me with supportive documentation - this never materialized and I heard nothing further.

 

Then a few months ago in June I received a letter from another debt collection agency - now Ruthbridge saying THEY had now acquired the debt and could I please pay.

I called them, told them I did not recognize the debt could they please provide me with supporting documentation - nothing.

I sent them 7 different e-mails requesting supporting documentation. Nothing.

Then today I received another letter from them. So I called them and explained I was still waiting to receive documentation supporting the claim.

 

I spoke to an extremely rude man who said he was going to have me declared bankrupt that he wanted to know when he should send an agent around to serve me with papers so bankruptcy proceedings could take place and that the bailiffs would then follow to take possessions from my house.

 

When I repeatedly told him that I needed information on the debt as all I was told was that it related to Barclays and was 6 years old he informed that he does not need to offer me supportive documentation.

 

That supportive documentation will not be presented until we reach the courts.

Is that true?

 

What do I do?

Can they really start bankruptcy proceedings?

 

By the sounds of what very little information they gave me it could be a debt my sadly not so civil ex fiancee racked up on a partner card.

 

What do I do?

 

Any help and advice would be much appreciated.

 

THANKS! :)

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That supportive documentation will not be presented until we reach the courts.

Is that true?

 

Complete and utter b*llocks. Do not speak to these people on the phone. As you have now found out it is a complete waste of time.

 

The onus is completely on them to prove the debt, not for you to disprove it.

 

What do I do?

Can they really start bankruptcy proceedings?

 

No they can't start bankruptcy proceedings as the debt is over 6 years old. This means it is statute barred and will remain so, so no action to enforce the debt can be taken.

 

Send them a copy of the statute barred letter here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template M. Send it recorded and don't sign the letter. Also ask for a copy of their complaints procedure.

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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As the debt is over six years old if they do try to go to court the court would throw the case out.

 

I'd send Ruthbridge a Statute Barred letter (from the templates) and if they send any more letters just send the copy of the statute barred letter. If they phone send the telephone harrassment letter.

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You don't actually need to send the telephone harassment letter. If they contact you you can just wade in with a written complaint in this instance.

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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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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Hi,

 

Ok,so despite me sending another letter to Ruthbridge requesting a copy of the consumer agreement they sent me yet another letter. (of course not received and during phone call after last letter they indicated their client would not provide these documents till we get to court).

 

This letter is titled Without Prejudice and outlines how they will now instruct their client to commence bankruptcy proceedings against me as I have supposedly not responded to any of their attempts to contact me (7 e-mails, 2 phone calls and a registered mail letter!).

 

They are saying that I will have to attend a personal hearing at which point the courts can administer a bankruptcy order. Then the Official Receivers Office will gain possession and control of my goods and property!

 

They go on to say that if I do not cooperate fully I will be declared bankrupt immediately.

 

They are now referring to the debt dating to June 2002 at which point the payments defaulted. At which point I also did not live in the UK. However there is a chance this is a debt my former fiancee ran up in my name. I have no idea.

 

Can they just take me to court now?

eek - help!

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Firstly did you send the statute barred letter ??.....if the debt is indeed statute barred then it is totally unenforceable in court.....if you have sent a request for the CCA agreement (did you send it via Guaranteed or Recorded delivery)....???

 

SEND THEM THIS LETTER - WITH I DO NOT ACKNOWLEDGE ANY DEBT - DO NOT HAND SIGN THE LETTER EITHER

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Also write in the letter that THEY MUST NOT PHONE YOU OR IT WILL BE CONSIDERED HARRASSMENT AND TREATEAD AS SUCH

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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They CANNOT start bankruptcy proceedings on a debt less than £750 and realistically normally has to be more than £5,000.

for information Administration of Justice Act 1970 (c.31) - Statute Law Database

They are simply trying to scare you.

They can choose to refuse your CCA request, but failure after 12 working days puts the debt in default and after a further month they commit a summary criminal offence.

Dealing with DCA's is a game of who blinks first.

Normally it ISN'T CAG ;)

 

Interesting that they use the "Without Prejudice" heading as this means you cannot produce this in court.

Now I'd ignore any further letters from these "people" and get Trading Standards involved with this ASAP.

Call them tomorrow and explain what has been happening and what the DCA are saying.

TS will take a very dim view of this whole affair.

Be VERY careful whose advice you listen too

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Actually the use of "Without Prejudice" is commonly misunderstood. Using without prejudice does not automatically make the letter confidential. Without prejudice is only effective where there is a recognised dispute, even then it only makes your admissions confidential not your assertions.

 

Without prejudice can only be effectively used when one party is attempting to resolve a dispute. This does not appear to be the case here.

  • Haha 1

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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Hi - I checked my credit file with equifax on advice from the national debt help line. There is a note on there from something taken out in 2001 of which they say it defaulted in June 2002. - I was living abroad in June 2002, but whatever

Does that mean it is statute barred or do I fall just under the 6 year rule?

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A debt will be statute barred if you have not acknowledged the debt nor made a payment towards it in 6 years. Have you been pursued for the debt as far as you know ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Henni send them this letter SEND IT BY GUARANTEED DELIVERY - DO NOT HAND SIGN IT -

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We 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.

 

Please note that I will not accept any telephone calls, any calls received by yourself will be treated as harrassment and treated as such.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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You have requested details of the alleged debt that they have not provided.

 

Presumably you have to wait until they have provided these details.

 

If someone was to tell me that I owe them £xxx but wouldn't tell me what for and prove that they were entitled to collect it, then I can't see that anyone would pay.

 

If they call again I would be inclined to say that as far as you know you had overpaid the account some time ago and would they kindly pay you back the money you had overpaid, when could you expect payment?

 

Grumpy

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Well - another debt collection agency contacted me in March of 2006 about this debt. When I requested supporting documentation I never heard another thing.

 

Then in June of this year Ruthbridge first contacted me. After me sending them 7 e-mails requesting supporting documentation throughout the month of June and one at the start of July I heard nothing. Until a week ago that is. When they sent me a letter stating they were going to send an agent to my house to serve me with papers.

 

Following correspondence indicates they intend to start bankruptcy proceedings against me. The debt is over £5000 and according to the credit file the debt defaulted in June 2002.

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Henni - YOU MUST send out the CCA request letter as it immediately puts the debt in dispute, while it is in dispute, this debt can NOT be enforced by law.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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When it defaulted has NO bearing on limitations.

The only thing that does is the last time you acknowledged this debt in writing or by payment.

So Henni have you sent them a stat barred letter yet ?

Be VERY careful whose advice you listen too

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Well from what I can determine it would seem a last payment would have been made in March or April of 2002.

At least it would have to have been for the debt to default in June right? I assume there is a 3 month period before something defaults?

 

So that would make it under 6 years, no?

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Hi,

 

Thought I would post an update. After Ruthbridge received two!! requests from me two days in a row sent by recorded delivery (I thought I would "harras" them back) for a copy of my customer agreeement.

 

They sent me my cheques back with a note saying that they have handed my account back to their client and that they therefore have no further dealings on my "matter".

 

I wonder if by any chance the Financial Ombudsman and the Office of Fair Trading have already been in touch with them.

 

I had written to both these agencies alerting them of Ruthbridge's harassment techniques and inappropriate correspondence.

 

Let's see what's next.

 

H

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hi! - yes I made complaints to the Financial Ombudsman and to the office of trading standards. I sent complaints both by e-mail and by either courier or registered post so that there would be a paper trail on those as well.

 

Trading standards already contacted me asking for more detail. I am going to carry the complaints through as much as I can!

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