Ruthbridge Ltd/Direct Legal & collections/Citifinancial Europe

[TATTER]

I have recived a letter today from Ruthbridge Ltd on behalf of direct Legal & Collections. They are requesting the sum of £1478.65 in outstanding ballance within seven days.

 

Could anybody advise what approach I should make and to which of the above companies I should make it to?

 

Many Thanks

[lookinforinfo]

Send Ruthbridge a CCA request. Include £1 postal order, keep a copy of the

letter, and send it by recorded delivery. You will find a template letter for the

CCA request in the General Debt section.

Next go to the last thread in the "sticky section[it was provided by Barracad]

and includes an extensive list of template letters-the one you want is

letter N.

[TATTER]

Thanks for your reply, Im rather confused by all this. I dont mind paying off the debt I owe but not the £700.00 of charges that makes up half of the amount. Could I send a CCA Request to ruthbridge and also send a request for my charges to Citi?

[lookinforinfo]

Yes you can, but the reason I suggested you send a CCA request first is as

follows.

Many of these companies are unable to provide the necessary documentation in response to a CCA request. As this renders the whole debt unenforceable,

it seems pointless chasing after the unlawful charges when you could get

everything effectively written off.

And if they do produce the executed agreement etc, then you can go after

the unlawful charges.

[TATTER]

Thanks again, its made it a little clearer. If they canot produce a CCA does this mean they will have to remove the default?

[lookinforinfo]

Correct, since they have no proof of the terms you had, nor that you signed

a contract, so they do not have your permossion to process data etc.

[TATTER]

Ok lookinforinfo, Have done the letter and will get it sent tomorrow. In the event of them having a CCA what exactly would my next step be, do I write to them disputing the amount as £700 is in unlawful charges or do I write to citi disputing the charges? Im confused as to who I make the next approach to

[cmad69]

Tatter,

My advice to you would be to just "CCA" them and just wait...

The chances are that they don't have the info you're asking for anyway, and will eventually "run away" and leave you be.

Trust me , i've been there!

[TATTER]

just been reading through your thread. are they still giving you hassle?

[TATTER]

Hows this look, have made a few changes to apply more to my case

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above, I would be grateful if you would send me a 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.

 

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 yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

 

I look forward to hearing from you within the statutory time limitNon-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

[cmad69]

just been reading through your thread. are they still giving you hassle?

Not really,Tatter, i'm just biding my time until they default,then take some more advice as to my next move.(Their letters and calls have almost tore my family apart)

By the way,the letter is just right,but to be on the safe side, I'd just make it quite clear that the one pound you've sent them is in no way to be offset against any alleged debt(they tried that with me!)

[TATTER]

After reading through quite a few threads re Ruthbribge it seems a lot have been bombarded with phone calls, yet I have not recived a call yet which I have been expecting. D oi you think they are waiting for me to acnowledge the letter first?

[lookinforinfo]

After reading through quite a few threads re Ruthbribge it seems a lot have been bombarded with phone calls, yet I have not recived a call yet which I have been expecting. D oi you think they are waiting for me to acnowledge the letter first?

 

I don't think they worry too much about such niceties. Probably haven't got your phone number.

[TATTER]

do you think I should wait till they contact me again before requesting CCA? havent sent it yet as ive been off work with back problems and havent beenable to get out

[PeteT]

Is the assignment from DLC -> Ruthbridge a recent thing??

 

DLC defaulted on my CCA request 4 months or so ago and rapidly removed all info from my credit file.

I'm just waiting to see if they try passing my account on to Ruthbridge (which I understand they can't do whilst the account is in default)

[lookinforinfo]

It is up to you when or if you send it.

But if you are going to send it, then the best time is probably before they have time to start their threats ie before the seven days are up.

[TATTER]

Hi

Just an update, Finally back to work this week and as yet Im still deciding my move. Nothing as yet from Ruthbridge but had a letter last saturday from someone claiming to have a package for me an that I urgently need to contact them! To my surprise it was the same address as ruthbriges office!! Now to me these are underhand taktics to try to get me to contact them. What do you guys think my next move should be, sit tight or still proceed with CCA?

[lemma1968]

Most definitely proceed with the CCA, rather than looking over your shoulder and waiting I would take the intiative i think in view of their tactics.

 

These DCA's........really. Tut! Tut!

[PeteT]

I agree - C C A, all the way, C C A, all the way.

 

(maybe I should take off this cheerleaders outfit)

[ODC]

Hi

Just an update, Finally back to work this week and as yet Im still deciding my move. Nothing as yet from Ruthbridge but had a letter last saturday from someone claiming to have a package for me an that I urgently need to contact them! To my surprise it was the same address as ruthbriges office!! Now to me these are underhand taktics to try to get me to contact them. What do you guys think my next move should be, sit tight or still proceed with CCA?

They are in Direct breach of OFT guidelines with this little trick. Report them to TS,

[lemma1968]

I agree - C C A, all the way, C C A, all the way.

 

(maybe I should take off this cheerleaders outfit)

 

Especially if you don't have the legs for it......not that I am assuning anything or saying you have knobbly knees or anything:D

[TATTER]

I had a very polite message left on my answer phone today from somebody from ruthbridge, if only they hadnt phoned they wouldnt be getting a CCA request in the post monday!

[TATTER]

They are in Direct breach of OFT guidelines with this little trick. Report them to TS,

 

What should I write exactly ODC?

[lookinforinfo]

I imagine that ODC thought you had sent the CCA request at the start of the month. If you haven't sent it yet, then unless they are constantly ringing you

and harassing you, you don't have cause to complain.

 

It is not until they are in defaut of your CCA request that their enforcement

should stop and if not, that would be grounds for complaint.

[ODC]

What should I write exactly ODC?

 

This from the OFT should help.

 

They are suggesting they are a delivery company with a parcel for you

 

You really should send the CCA that gives you more legal clout

Communicating with the Debtor

 

A creditor or debt collector who contacts you by phone, letter or visit, must state clearly who they are, where they are from, their role and the purpose of contact.

If a creditor or debt collector attempts to use unhelpful technical language to confuse or mislead the debtor, this is considered as an unfair practice.

If a creditor or debt collection agency disregards requests made in respect of when and where to contact the debtor, this can also be classed as unfair. If you request a creditor not to contact you at work because this could jeopardise your job, and the creditor disregards your request, this could be classed as unfair practice.

If a creditor or debt collector tries to continue to make contact knowing you are vulnerable, suffering from illness caused by the situation or seeking medical advice, this could also be classed as an unfair practice as they are putting undue pressure on the debtor.

Although specifics are not detailed as to what is classed as unfair, all situations are investigated on a case-by-case basis. If a creditor is found to be practicing unfair tactics, this could in turn show them as unfit to hold a Consumer Credit Licence and the OFT has every right to revoke their licence.

Creditors are fully responsible for third parties they appoint, such as in-house and outside debt collecting agencies, so if they are using third parties who practice unfair tactics, they are in turn risking loss of their own licence. They are responsible for fully screening the third parties they use and ensure they are aware of and practice, the guidelines outlined by the OFT before using their services.

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Other Unfair Practices

 

It is unfair for a creditor to mislead a debtor into believing criminal action or criminal proceedings will take place when attempting to recover a debt. BEING IN DEBT IS NOT A CRIME!

Creditors must not suggest to a debtor to either sell a property or to take out further borrowing in order to pay off the debt to that creditor. For a creditor to request you borrow more money to pay them off is basically requesting you to commit fraud as you are taking on credit knowing you cannot pay the debt back.

Creditors should not use more than one debt-collecting agency at any one time.

If a debtor queries a debt, and money that is owed, it is unfair for the creditor to continue with recovery proceedings during the time the debt is being disputed. If requested, the creditor or debt-collecting agency must provide details of an outstanding debt. It is not all up to the debtor to prove they do not owe a debt, is it up to the creditor to prove they do if the debt is disputed.