Ruthbridge Trying to Collect on Unenforcable Debt

[jen_br]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Provident Financial is who you would contact

[Smart9682]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Ok brilliant guys thanks so much.

What I'm going to do is knock up a letter to Provident Finacial informing them that I have paid over the £3,640 and Handed back the Car that it states in section 2.1 of the agreement, and also that I would like the £1178 Miss Sold PPI to be paid back to me, can I also charge the 8% interest on that like other charges reclaims?

Also as I have already paid more than the £3,640 termination figure do I get the excess back to? or just write that off as I never cancelled once I reached that amount.

That sound good to you guys?

[The Tech Clerk]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Ok brilliant guys thanks so much.

What I'm going to do is knock up a letter to Provident Finacial informing them that I have paid over the £3,640 and Handed back the Car that it states in section 2.1 of the agreement, and also that I would like the £1178 Miss Sold PPI to be paid back to me, can I also charge the 8% interest on that like other charges reclaims?

Also as I have already paid more than the £3,640 termination figure do I get the excess back to? or just write that off as I never cancelled once I reached that amount.

That sound good to you guys?

8% is the usual charge at court proceedings when are started - do not push your luck at this stage, and PPI you have to show the reason you give for mis-sold is a genuine reason, i.e. self employed etc at the time you took it out., Have seen on sites where the O.C. is investigating the claims made Individually for authenticity as some have been trying to reclaim as they made no claims whilst it was in existance.

[Smart9682]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

8% is the usual charge at court proceedings when are started - do not push your luck at this stage, and PPI you have to show the reason you give for mis-sold is a genuine reason, i.e. self employed etc at the time you took it out., Have seen on sites where the O.C. is investigating the claims made Individually for authenticity as some have been tring to reclaim as they made no claims whilst it was in existance.

Well the PPI thing is an after thought really, I'd be happy just to get this debt out of the way, as it seems like I have valid ground now to tell them I have abided by their terms so go away. That in itself would be the best result, anything else would just be a bonus really.

[Paul.]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Frankly if youve returned the goods, i would simply make sure that you write to the company trying to collect this debt and make them aware that the amount of credit is misstated on both sides of the agreement

ergo the credit on the Conditional sale side is £300 over stated, and the credit on the Credit Agreement side is £300 understated.

Accordingly the agreement is unenforceable per inter alia Wilson v First County Trust and therefore no further correspondence will be entertained.

That at least gives you a clear proper dispute if a stat demand is ever issued, it will protect you for costs atleast.

And secondly, if they sue you will have written correspondence on file as your evidence

[Smart9682]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

Just to update what I decided to do in the end is Inform both Ruthbridge and Provident that I have paid over the termination threshold as well as returned the car to them back in 2007, attached proof of the car return as well as how much I've paid to date and told them I'm using my right to VT now.

I'll update and let you know what they both come back with, both letters are ready to go and will be done recorded delivery.

Thanks again guys, you've potentially turned this whole thing on it's head and suddenly looking a lot more positive about it all.

[Paul.]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

NO NO


not your right to terminate now, i understood you terminated then, you will go down like the titanic if you run that argument now imho

[Smart9682]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

I was going by this post by you

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?

Saying I can VT the agreement, not that I had already done so.

[Paul.]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

I was going by this post by you



Saying I can VT the agreement, not that I had already done so.

sorry i was stating the fact that you could have done that and as i understood from your email to Niddy that you "HAD" done so.

I was merely confirming out loud the facts as i understood them,

Sorry for the confusion

[Smart9682]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

sorry i was stating the fact that you could have done that and as i understood from your email to Niddy that you "HAD" done so.

I was merely confirming out loud the facts as i understood them,

Sorry for the confusion

Oh right, no I hadn't said anything about Vt to niddy at all, I just handed the car back in 2007, I assumed that would be the end of the matter but they kept on asking for money, then it became unenforcable because of the missold PPI until ruthbridge started sniffing around.

So I cannot VT now? at all even though I've paid over and handed the car back?

[Paul.]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

correct me if im wrong, you wrote to the creditor, told them you wanted to return the car? you had at that point paid more than the £3600 in the agreement under the termination clause?

That would suggest to me you had exercised your right to VT.

[Smart9682]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

correct me if im wrong, you wrote to the creditor, told them you wanted to return the car? you had at that point paid more than the £3600 in the agreement under the termination clause?

That would suggest to me you had exercised your right to VT.

I never used the words "I'd like to VT"

But yes that is exactly what I did, I told them it's no use I can't pay the rest so take the car and we'll leave it there, a guy came round and put it on a back of a tow truck, told me it would be sold at a later date at auction and I'd be told how much it went for. But Yes I had paid over the £3600 termination amount by that point yes.

[Paul.]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

I never used the words "I'd like to VT"

But yes that is exactly what I did, I told them it's no use I can't pay the rest so take the car and we'll leave it there, a guy came round and put it on a back of a tow truck, told me it would be sold at a later date at auction and I'd be told how much it went for. But Yes I had paid over the £3600 termination amount by that point yes.

so you wrote to them telling them you would like to hand the car back?

If so then in my opinion, subject to seeing the letter you sent, id say you have terminated in accordance with the contract

[Smart9682]

Re: Ruthbridge Trying to Collect on Unenforcable Debt

so you wrote to them telling them you would like to hand the car back?

If so then in my opinion, subject to seeing the letter you sent, id say you have terminated in accordance with the contract

As far as that letter goes I really doubt I have it anymore, I've been through my paperwork and it seems as though when I handed the car back they labled it as "Repossessed" but it wasn't, I handed it back to them. I heard nothing for two years after I did that, When I sent a SAR request to them it shows "Repossession Charges" and a "Repossesion Proceeds" of £421 which I'm assuimg is how much they sold the car at auction for. +