Ruthbridge Trying to Collect on Unenforcable Debt

[Smart9682]

Hi

I'll try and make this as short and direct as possible.

In 2004 I got a Car through Yes Car Credit, Total £10,000 I paid almost £5,000 of it had the engine changed twice (they put old engines in despite telling me they were new), eventually I told them I don't wan't the car and gave it back to them, they told me whatever the car sold for would come of the bill. Nothing came off and they failed to inform me of how much it sold for, So eventually I had the Original CCA looked at and it was deemed Unenforcable due to Mis-Sold PPI.

I informed Direct Auto Finance about this and they accepted it without fail and told me all collections would cease, but informed me that the debt itself would still exist, they just wouldn't be able to collect on it unless the payments were voluntary.

Anyways this was 2009, in 2011 they sold it on to Ruthbridge who have only now sent me letters saying I've not paid, threatening me with Court Action and also filing for Bankrupty and Bailiffs to get the funds.

Is this action correct?

[Never-In-Doubt]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Well they can try and enforce and or make threats all day long. McGuffick clearly stated that enforcement does not include writing, ringing and starting a claim

have you done a CCA request, if so can you let me see what they sent...?

[Smart9682]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Well they can try and enforce and or make threats all day long. McGuffick clearly stated that enforcement does not include writing, ringing and starting a claim

have you done a CCA request, if so can you let me see what they sent...?

Hi Niddy. I did do a CCA request yes, this was back in 2009. At the time I posted it over at a different forum and the guy there told me within seconds it was mis-sold PPI and was Unenforcable which Even they seemed to accept.

I can Scan in the full CCA if you like, or would you just like certain pages in mind?

[Never-In-Doubt]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Hi Niddy. I did do a CCA request yes, this was back in 2009. At the time I posted it over at a different forum and the guy there told me within seconds it was mis-sold PPI and was Unenforcable which Even they seemed to accept.

I can Scan in the full CCA if you like, or would you just like certain pages in mind?

Hiya

can you please scan the agreement (signature page) and main terms and email to agreements@all-about-debt.co.uk

lets be certain and see what it's like.... have you actually got a letter from anyone saying "we recognise this is unenforceable and we cannot enforce however that does not extinguish you from your rights to pay blah blah blah" or words to that effect....?

if so please send that as well. Then we'll be able to guide you better

[ScabHunter]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

If it was the forum in question (presumably CAG), they're not exactly experts...

They were in 2009 - I was there .

No, seriously, they were a billion times better back then than now, so there is every chance that what you were told was right. Anyway, you'll soon have a true expert opinion so you'll know one way or the other.

Don't worry about Ruthbish - bottom of the barrel DCA which chases unenforceable and statute barred debts, very loud and nasty but utterly toothless.

SH

[Never-In-Doubt]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

I too was there in 2009, as was Paul (and others)....

No. Back then they were also dire. They were reliable until the Cabot fiasco and the advertising etc.

Edit to add in 2009 they realised they'd not be getting their % cut of the supreme fiasco that was bank charges case. When that lost CAG lost.

[ScabHunter]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

they were a billion times better back then than now

No. Back then they were also dire.

They could be dire and still be a billion times better than they are now!

They were reliable until the Cabot fiasco and the advertising etc.

Edit to add in 2009 they realised they'd not be getting their % cut of the supreme fiasco that was bank charges case. When that lost CAG lost.

Do you mean the Clownell fiasco? I was posting actively from September 2008 until all of that happened. It may not have matched what you've got here, but we still managed to help a few people. I got a lot of satisfaction out of writing defences which saw off cretins like Carter, even if he wasn't exactly the most fearsome opponent.

If the OP asked about an agreement in 2009, especially early 2009, they probably got a coherent answer. If they asked now, they'd probably get told that paperwork errors don't matter and that they should check their credit file.

SH

[Never-In-Doubt]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

^^^ yup you got it

[Smart9682]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Hi Niddy, sorry for the delay, just sent the email to you. Thanks.

[Paul.]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Ok youve paid more than £5k yes?

In that case you can VT the agreement and return the car.

If youve done that in accordance with the contract, then they are pissing in the wind.

have they sued yet?

[SA Gold]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Don't worry about Ruthbish - bottom of the barrel DCA which chases unenforceable and statute barred debts, very loud and nasty but utterly toothless.

SH

[Smart9682]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Ok youve paid more than £5k yes?

In that case you can VT the agreement and return the car.

If youve done that in accordance with the contract, then they are pissing in the wind.

have they sued yet?

Well according to my paperwork I've paid £4,381 out of an opening balance of £9,303, the opening post I made out of memory so sorry for the slight miscalculation in that.

But the main thing is the mis-sold PPI, It's been fine since I brought that up, nobody telling me to pay or anything, it's just this new company thats started that.

And no the suing.

[Never-In-Doubt]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

I have replied to your email earlier as well.

I sent it to Paul to check over and he replied with:

Forget s18, no mileage there, this is a multiple agreement but it is correctly set out in any event and if you look at Goode Consumer Credit Law and Practice then the agreement clearly is a unitary multiple agreement, one part cannot stand without the other.

However, if and its a whooper of a big if, but if the amount of credit for the vehicle is misstated the agreement will be unenforceable, but since its a conditional sale agreement, the problem is that you’d have to return the car at the end of the term

I also note the termination amount appears to be misstated.

[Paul.]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Well according to my paperwork I've paid £4,381 out of an opening balance of £9,303, the opening post I made out of memory so sorry for the slight miscalculation in that.

But the main thing is the mis-sold PPI, It's been fine since I brought that up, nobody telling me to pay or anything, it's just this new company thats started that.

And no the suing.

well then

The point is you have repaid the sum in excess of the termination figure, therefore, thats the endo f hte matter

You cannot however go after the DCA for the PPI, there is a clear court authority on this, the case is Jones v Link.

So you would need to sue the creditor for the missold PPI im afraid.

[Smart9682]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Would the termination figure still hold up with Ruthbridge since Yes Car Credit is now out of business?
I was told not to bother trying to get the PPI back as they don't trade anymore so I'd be told there is nobody to get it back from.