Terrified of Ruthbridge

[Reliant]

OK Brig ive done that. My score (???) is 888 "Good". There is a default registered on 31/7/2009 by Experto Credite. balance showing is £6730.

[BRIGADIER2JCS]

Any mention of the original creditor???

[Reliant]

No theres nothing it just gives says "VIL/ EXPRTO CREDIT..." ?????. No DCA has done any search

[BRIGADIER2JCS]

Until Ruthbridge actually state what they

are after, I would not communicate in any way,

if they contact by phone just say in writting

only and hang up, do not answer any security

questions.

It is most unlikely that there will be any ''visits''

this threat usually means ''we have nothing lets intimidate''

if any one did turn up tell to foxtrot oscar or else they have

no authority to come to your home.

 

Brig.

[Reliant]

Thank you Brig

So am I right in thinking that a DCA, namely Experto Credite recorded the default on my Credit Score ?? If that is the case then can they do that while the account is in dispute ??

[dx100uk]

they can sadly shouldn't but theres little you can do

 

when does the CRA say the last payment was or is there any indication?

 

if you have cca'd any of the previous dca's then there is nowt they can do

 

i'm getting confused with dates here

 

you say it was 2008 then it was 1998?

 

do you know when you last paid it

must have benn near the default date surely

 

dx

[dx100uk]

understand the history now

 

dx

[Reliant]

Opened 7/2/1993

 

Last payment recorded 2nd November 2008.

 

Account in dispute 14/11/2008 (after 2nd CCA request letter)

 

MBNA wrote to advise me they had no CCA December 2008 and sold account to DCA in Jan 2009. (It was in November 2008 that I wrote to ask how my late wife had applied for a card in my name, I never recieved a reply).

 

DCA records default 31/7/2009 9 months after last recorded payment made by my wife, I think via a trans cash payment at the post office but I am not sure. I have no access to her (now closed) bank account.

Edited November 23, 2011 by Reliant

[dx100uk]

ok

IMHO you need to be careful here

with an outstanding balance of +£6k

it would not take them much to recon a CCA

and then go to court

 

have you ever SAR'ed them

as charges/PPI might amount a to a tidy sum.

 

dx

[Reliant]

How can they recon a CCA ???. This is terrible news now Im really scared. What could the court do ? Ive no money to pay anything ????

[Reliant]

Pls help someone Im going mad with worry. What can I do ??

[Reliant]

Be careful how ?? OMG Im so scared now

[flowerchild]

Stop stressing about something that may never happen! They can't just recon a CCA out of thin air, they'd need to have some factual data to be able to do that and, chances are, if MBNA bought this from the Halifax a while ago, they're not very likely to have it, as is the case with me - MBNA bought the A&L CCs in 2002 and I have TWO letters from them stating they have no CCA, dated nearly two years ago! Would be very strange if, all of a sudden, a CCA popped up! My balance is £7k by the way...

 

The legal points surrounding CCAs have always been the subject of misinterpretation: initially there was the idea that almost anything pre-2007 could be declared unenforceable based on the tiniest glitch, which obviously isn't the case, however, in the post-Carey age, there still remains the requirement to produce a copy of the ORIGINAL agreement in order to obtain judgment in court, recons are OK for the purpose complying with a S78 request only. In your case, there hasn't even been compliance with that! Also lenders and DCAs conveniently 'forget' that Carey was the CLAIMANT not the defendant. That was one of them cases where people tried to get their debts written off by bringing court cases against their creditors rather than the other way round!

 

They can issue court papers without an agreement but they can't obtain judgment, they would do that hoping you won't defend! You are miles away from court, you can always cross that bridge when you get closer to it if you ever do!

 

Do send a SAR like DX suggests if you haven't done so and look at all the alternatives you've been offered!

[flowerchild]

Send this to whatever DCA is giving you grief, along with a copy of the letter you have stating they didn't have a CCA:

 

 

Dear Sirs

 

Account No/Reference No: XXXXXXXX

 

On XX/XX/XXXX I wrote requesting that {enter original creditor name here} supply me a true copy of the executed credit agreement for the above numbered account. In response to this request I was supplied a document, a copy of which is attached, that confirms the lender does not have a copy of the agreement.

 

In line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that the OFT has stipulated the following;

 

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

 

a copy of their agreement

copies of some of the other documents mentioned in their agreement

a statement of account.

 

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

 

make the debtor pay the debt before they're supposed to

get a court judgment against the debtor

 

As I have attached a copy of the letter, from the Original Creditor, confirming they cannot fulfil my CCA Request then I expect you to also follow suit, and stop harassing me. I am not prepared to enter negotiation over a disputed, unenforceable debt and unless you're confident of success in court then please do not waste my time sending idle threats; instead serve me court papers where I will be more than happy to defend my case and fight the finer details, moreso requesting a statement from the court confirming this account is irredeemably unenforceable in line with s.127(3) CCA1974; due to the omission of the prescribed terms, in the prescribed format at account inception; the fact the lender has also confirmed they do not have the original CCA backs up my case that I was totally unaware of the finer points, when this account was opened.

 

There are several cases now that alleviate the Carey Judgment such as Hayes v HFC, at Blackpool county court in July 2010. She successfully overturned a charging order on her home. Judge Bell agreed that the reconstituted agreement was not accurate. Then you have the case of Kotecha v Phoenix in which Phoenix attempted to recover a debt owed on a HFC bank credit card. The appeal judges agreed the bank had not been able to supply an accurate copy of the original agreement.

 

In light of the above, and the fact this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement, bear in mind the content of the letter from the Original Creditor, I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

 

Yours faithfully

[Reliant]

Thanks flower. At the moment all ive got is a letter from Ruthbridge asking me to contact them, no indication of who they represent, what is owed or to whom, nothing. I have no other details at all.

If I SAR them wont that open a channel of communication which will identify me to them ? Im confused, some people are saying "ignore them and they will give up" and some people are saying I should write to them. What do I do ??

[BRIGADIER2JCS]

No one who I have helped with Ruthbridge has

ver paid the a penny, the specialise in taking on

debts that have been round all the DCAs and

back again, also I have never yet seen a recon

produced by them.

They are very good at making threats, please don't

let them get to you.

Just get the letter off to them Addressed to Mr, Emmanuel Amissah

recorded delivery and stop[ worrying.

[Reliant]

Thanks flower. At the moment all ive got is a letter from Ruthbridge asking me to contact them, no indication of who they represent, what is owed or to whom, nothing. I have no other details at all.

If I SAR them wont that open a channel of communication which will identify me to them ? Im confused, some people are saying "ignore them and they will give up" and some people are saying I should write to them. What do I do ??

[Reliant]

You guys give me so much hope. I think you are refering to the prove it letter. How do I find it and when I do will it not have the same effect as me phoning them which everyone is telling me not to do ??

[flowerchild]

I thought you said you had a 6k debt with MBNA... If you do a SAR it would go to MBNA not Ruthbridges or any DCA, only the OC can provide you with the full account history, DCAs buy debts with little or no data about them!

 

If you don't know WHO they are representing then you can either ignore them completely or send the 'Prove it' letter from the template library. Don't make any telephone contact with them! Ever! Ever!

[dx100uk]

no its a prove it letter from the green library tab top left

 

however, you dont want/need to do that

there is littl e point in you denying the debt

but equally none in saying its yours!

 

please sar the oc

 

and get reclaiming.

 

amnd DO NOT EVER use the phone!

 

dx

[BRIGADIER2JCS]

If you wish as Ruthbridge have not disclosed what

they are after, you realy don't have to do anything

until they do!!

When and only when you know exactly what the

want should you respond, the advice you have been given

covers the eventuallity of them diclosing the reason for

them tryingn to contact you.

 

I have just now read all the way through the thread

and my considered opinion is send nothing do nothing

until you know the full details.

On your point of opening a ''line of communiction''

by a SAR or CCA request a lawful request for information

IS NOT AN ADMISSION OF LIABILITY.

A SAR is inappropriate at this point as the only

information Rurhbridge will have is the minimal

amount of data given to them when they aquired

the debt total waste of £10.

 

Brig.

[BRIGADIER2JCS]

PLEASE DO NOT MAKE ANY CONTACT AT ALL UNTIL YOU KNOW WHAT THEY ARE CHASING>

AND DON't BE SCARED OF THIS MOB THEY HAVE NO AUTHORITY NO POWERS AND CERTAINLY

 

NO BRAINS

[flowerchild]

A SAR is inappropriate at this point as the only

information Rurhbridge will have is the minimal

amount of data given to them when they aquired

the debt total waste of £10.

Brig.

 

I said he should SAR MBNA not Ruthbridge. Further back on this thread there's something about the OP being totally in the dark about the MBNA account and wanting to get info about it, he also gave the impression that he knew he was being contacted about the MBNA debt.

 

DX got the poor OP sick with worry with his post where he advised him to be careful as MBNA could do a recon and go to court!

[BRIGADIER2JCS]

The point is OP has no idea what Ruthbridge are chasing, that's why any contact

is inappropriate, he should leave this until he's sure that it is MBNA other wise he may

well open another can of worms.

I have never lost to Ruthbridge in many years of dealings.

If anyone cares to look back to around this time last year there is a Thread of mine

on Ruthbridge offering an XMAS SPECIAL OFFER OF 50% OFF for settlement before Christmas

for a long SB debt.

 

Never seen anything that cannot be challenged destroyed and dumped, but there is always a 1st. time

which is why I advise NOT CONTACTING UNTIL THE OC KNOWS WHAT THE ALLEGED DEBT IS>

Brig.

[Reliant]

I will wait. Can someone post the prove it letter to this thread I cant find it. I am so grateful for your help everyone I wont go into details but this is very hard for me for a number of reasons but I will do my best to come through it with your help.