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  • reliant
    replied
    Re: Terrified of Ruthbridge

    Originally posted by Flowerpower
    Reliant,

    Don't worry about the letters!

    They're just doing their job, that's what they get paid to do: send threat-o-grams! Just like we use generic template letters here on this site, with minimal changes, they are doing the same, i.e. sending templates to everyone using a mail merge program. Do you know how mail merge works? Basically you have a long list of names and addresses (a database), you open a template document with blank fields for name, address and account details and merge the two, producing 100s of identical letters to be sent out in the hope of stressing people out so much they pick up the phone and make a payment!

    DON'T LET THEM GET AWAY WITH IT! You're playing into their hands if you do!

    I also have a £7k debt with MBNA and they also failed to produce a CCA when I requested it. This was nearly two years ago and I have paid MBNA zilch, zero, nada, £0.00 since then!

    No court, no bailiff, no problem, nothing to worry about!
    The debt wasnt MBNA after all its originally from Barclays who sold it to Intrum Justitia in 2004 and who seem to have sold it to Ruthbridge. As Ruthbridge say at the beginning of their letter "We are writing to advise you that Intrum Justitia has appointed Experto Credite as asset managers" So it looks like Experto have in turn sold it on.

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  • Never-In-Doubt
    replied
    Re: Terrified of Ruthbridge

    Originally posted by reliant View Post
    I have just noticed something else this is NOT the MBNA debt as I first thought this is from a debt that was defaulted on 24th August 1999 and was assigned to Intrum Justitia in July 2004.

    Intrum Justitia wrote to me on 3rd October 2008 after I CCA`d them returning my £1 and telling me the agreement was not available. I still have a copy of the letter from Intrum Justitia telling me that the agreement was not available and attaching list of my payments to them showing that I stopped paying them on 05/09/2009 after I had CCA`d them.

    Really scared. What to do ??

    Right, when did you last pay into this account? roughly? ahh shit, just seen in 2009.

    Ok, go back a bit - we might be able to beat these bastards. Can you clarify when this was defaulted in 1999 - were you paying anything into the debt or not and if not, did you start paying again in 2004 or 2008?

    I am looking for weaknesses - please be precise with your reply here - very important

    Leave a comment:


  • swanfan
    replied
    Re: Terrified of Ruthbridge

    Originally posted by Never-In-Doubt View Post
    send a photocopy of that letter with this template here: -> CCA Query - Letter Previously Confirming No CCA and they'll soon stop hassling you!
    Well they've admitted they can't supply it, send the above to them.

    Leave a comment:


  • reliant
    replied
    Re: Terrified of Ruthbridge

    The original debt was taken out with Barclays and they sold it on 15th July 2004. It isnt on my credit file BTW.

    Following the letter from Intrum Justitia (above) I wrote back on 7th October 2008 telling them that I had written to them on 25th September 2008 requesting the CCA and that as they had been unable to comply with my request, the account entered default on 13th October 2008.

    After that last letter I heard no more until Ruthbridge contacted me.

    How can Ruthbridge be chasing this when Intrum Justitia even sent back my postal order ??
    Last edited by reliant; 3 December 2011, 15:16.

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  • reliant
    replied
    Re: Terrified of Ruthbridge
    I have just noticed something else this is NOT the MBNA debt as I first thought this is from a debt that was defaulted on 24th August 1999 and was assigned to Intrum Justitia in July 2004.

    Intrum Justitia wrote to me on 3rd October 2008 after I CCA`d them returning my £1 and telling me the agreement was not available. I still have a copy of the letter from Intrum Justitia telling me that the agreement was not available and attaching list of my payments to them showing that I stopped paying them on 05/09/2009 after I had CCA`d them.

    Really scared. What to do ??

    Leave a comment:


  • swanfan
    replied
    Re: Terrified of Ruthbridge

    Originally posted by Never-In-Doubt View Post
    again, I am confused here - why are you asking for a CCA if the creditor has already said they cannot find one? That's it, you win - all you do is send a photocopy of that letter with this template here: -> CCA Query - Letter Previously Confirming No CCA and they'll soon stop hassling you!

    What exactly are you trying to do here? You realise when something becomes UE the creditor and DCA's CAN and WILL chase you for repayment, all UE does is stop them from enforcing it via the courts!
    MBNA have already admitted they have no CCA yea? If so send the letter that niddy mentioned above to them.

    They can threaten all they like try not to worry.

    Leave a comment:


  • reliant
    replied
    Re: Terrified of Ruthbridge

    The first letter is from Yvonne Richards and the second from Marcus Graeme. What is going on ?? They say that if I have previously informed Intrum Justitia that the sum due is disputed to tell them "urgently" if I still maintain this position.

    I cant think straight, panicking so much help me Niddy.

    Leave a comment:


  • reliant
    replied
    Re: Terrified of Ruthbridge

    PLEASE HELP ME SOMEONE

    Two letters today from Ruthbridge one saying how Intrum Justitia has appointed Experto Credite as asset managers for the account including the outstanding balance which has gone from what is shown on the credit report as £6730 to £8472.99 !!!!

    It goes on to say how Ruthbridge have been instructed by Experto Credite have appointed them to recover the debt and that if I dispute the amount I should contact them immediately.

    It then says that depending on my financial status provision may be considered by way of an "attractive settlement option" which could reduce the the sum due or that they may consider instalments but that option would only be considered against the full outstanding balance.

    How can this have gone up so much. What do I do ??

    The second letter says again that Ruthbridge have been instructed by Experto Credite and that I should contact Ruthbridge and not Experto Credite.

    It then says If I do not respond they may recommend that their client applys for a county court judgement whicj may result in a County Court Judgement which will add costs to the debt and that further action could also ensue which could mean a baliff entering the house and seizing goods for auction.

    They also say an application can be made to the court for an attachment of earnings or a charging order made aginst my home.

    How has this increased so much ? Im sick with worry again and the only way out I can see is to give in to them. Please please help me I cant face this The credit report I got is only a couple of days old, where have they got this amount from ??

    For Gods sake help someone Im literally being sick Im so worried.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Terrified of Ruthbridge

    Don't worry about this mate, we're behind you here and we won't sit back and let them take the piss - rest assured on that one. Best of luck.

    Leave a comment:


  • reliant
    replied
    Re: Terrified of Ruthbridge

    Lovely letters Niddy. Sorry , I suffer from clinical depression and panic attacks and Im letting it get to me. My wife is terminally ill and Im sort of at the end of my tether. I will take your good advice and try and relax and see what happens next.

    Leave a comment:


  • reliant
    replied
    Re: Terrified of Ruthbridge

    Understood. Thanks Niddy. The account tho isnt SB as a payment was made in 2008 according to the OC`s letter.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Terrified of Ruthbridge

    Originally posted by reliant View Post
    What I am talking about is requesting the CCA again under the Civil Procedure rules if they mention that any legal action may be taken.
    Definitely not something I would suggest at this point - you're like 25 steps ahead of the actual current situation.

    They'd be bonkers to try and enforce when they've admitted they do not have an agreement as part of Carey did state that the lender MUST have an original to base the recon off, ie it cannae just be created from thin air can it?

    Back peddle, chill and see what happens. You will never (pre court) get admittance of unenforceability by a lender or DCA - they just don't do it. Only a court can make a debt irredeemably unenforceable, and they rarely do this

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  • Never-In-Doubt
    replied
    Re: Terrified of Ruthbridge

    Originally posted by reliant View Post
    As I have already said I have the letter form the OC stating that they are unable to provide the agreement but it seems like a good way of not spending a pound.
    again, I am confused here - why are you asking for a CCA if the creditor has already said they cannot find one? That's it, you win - all you do is send a photocopy of that letter with this template here: -> CCA Query - Letter Previously Confirming No CCA and they'll soon stop hassling you!

    What exactly are you trying to do here? You realise when something becomes UE the creditor and DCA's CAN and WILL chase you for repayment, all UE does is stop them from enforcing it via the courts!

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Terrified of Ruthbridge

    Originally posted by reliant View Post
    Ive been reading around in preparation for my dealings with these people and think ive come up with a way of requesting the actual CCA other than by sending them a quid which they could (I suppose) cash against the alleged debt and say I had made a payment and thus acknowledged the debt.
    woah back peddle mate - send the template from here -> CCA Request -> and then that ensures it will be used as it was meant.

    I guarantee you that if they add it to the debt, it will NOT bring it out of Statute (ie limitation act) so stop stressing about that - if they did such a stoopid thing we'd easily get it rectified all the while not admitting the debt.

    Speak to member batman from here, he had the exact same thing whereby 1st Credit used his SAR £10 toward a debt, it didn't take them long to rectify the issue and reverse the transaction...

    The OFT & ICO protect against such abuse of systems/processes.

    Leave a comment:


  • reliant
    replied
    Re: Terrified of Ruthbridge

    Ive been reading around in preparation for my dealings with these people and think ive come up with a way of requesting the actual CCA other than by sending them a quid which they could (I suppose) cash against the alleged debt and say I had made a payment and thus acknowledged the debt.

    What I am talking about is requesting the CCA again under the Civil Procedure rules if they mention that any legal action may be taken.

    As I have already said I have the letter form the OC stating that they are unable to provide the agreement but it seems like a good way of not spending a pound.

    Im probably way ahead of myself here as I still dont know what they want, who they are acting on behalf of or anything but I think its a good idea to be ready.

    I have also found the original letter from MBNA saying " Regretably we have been unable to retrieve a copy of the original credit agreement which includes signatures as the law expressly permits lenders to omit signatures from copies of all credit agreements. However we have provided you with a copy of the executed agreement including terms and conditions". (They did sent me an application form to sign, which I threw away and an old copy of an application form that looked like it had been put together from old bits of photocopied rubbish).

    How can this be ?? Surely there has to be some proof that an actual agreement was in place signed by both parties ???

    Soon after this they sold it all to Intrum Justitia.
    Last edited by reliant; 27 November 2011, 18:25.

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