Naughty Ruthbridge, get to bed.

chno9 · 17th September 2007, 13:39

Hi

I sent Ruthbridge a CCA request on the 01/08/07. They received this the following day. I waited for the first 14 days to pass with no further contact, and have allowed the next 30 days to pass again with no contact.:o :o :o

Today is the day that if i have understood things correctly they have commited a criminal action.

Just wanted to put my mind at rest with this one, and ensure that i have got this right. My understanding is that they can no longer legally harrass me for this debt.

I have two (hopefully last) questions.

1. What should i do now? After the level of harrssment they gave to me i would like to make a complaint against them. Will making a complaint make it more likely that they will find a CCA. Or should i just let this one go?

2. If they do eventually find my CCA, what can they do from here?

Thanks again for the advice that people have given me over the past few weeks (you know who you are). I hope i can help others in the future with the experience i have now.

Curlyben · 17th September 2007, 13:43

As they have now passed the 12+month a report to Trading Standards would be in order.
Admittedly I would wait until they demand payment otherwise it can look bad about your motives.
IF they find the CCA the they would have to go to court to enforce it anyway, assuming it fully complies.

chno9 · 17th September 2007, 14:05

Thanks Curlyben.

I was also wondering.

I looked on my credit report during the time i was waiting for a reply, and i noticed that the debt that Ruthbridge were trying to collect was down on my credit report.

It is registered under the name Hillesden Securities, and there account is showing that it has been in default since May 2004, and has been updated as such every month there on until June 2007. Is the anything i can do about this??

It seems a little unfair that they can do this if there is no original CCA.

chno9 · 17th September 2007, 14:08

........I have just had another look at my credit report to ensure i was right with the dates etc, and it says the default date is the 18th June 2002....

Coincidently it also states the payment start date is the 18th June 2002.

sillygirl1 · 17th September 2007, 19:57

That's naughty of them, if it is June 2002 then they are chasing a debt which will be statute barred in June next year. If they haven't returned the CCA tell Trading Standards about this, and the Information Commissioner about the dates, it sounds as if the debt may actually have 'defaulted' prior to June 2002.

Having_A_Knightmare · 17th September 2007, 20:10

Hi CB

Quote:

they find the CCA the they would have to go to court to enforce it anyway

Can I just clarify the above. If they go to court to enforce it would the OC also at the same time get a CCJ on you.

HAK

ODC · 17th September 2007, 20:23

June 2002 may not be the date of the last payment. Thats the date that is important

sillygirl1 · 17th September 2007, 21:01

That's the point I am trying to make, it is sometimes several months before a default goes onto your file, so this alleged debt could already be statute barred....

chno9 · 17th September 2007, 21:12

Interesting....

How can you find out whether a debt is statute barred??

Other than looking on my credit report, i don't really know how else to check.

Curlyben · 17th September 2007, 21:52

Quote:

Originally Posted by Having_A_Knightmare

Hi CB

Can I just clarify the above. If they go to court to enforce it would the OC also at the same time get a CCJ on you.

HAK

You'd only get a CCJ if you didn't show up in court and lost by default or if you lost in court.

chno9 · 17th September 2007, 21:56

Interesting....

How can you find out whether a debt is statute barred??

Other than looking on my credit report, i don't really know how else to check.

ODC · 17th September 2007, 22:03

Send the Statute Barred letter to Ruthless. Let them prove otherwise. They wont.

chno9 · 17th September 2007, 22:45

The account is held by Hillesden on my credit report. Should it be these that i send the Statute Barred letter to?

....by the way, where is the statute barred letter located i am being a bit thick and can't see it anywhere!

Curlyben · 17th September 2007, 22:51

This debt ISN'T barred untill next year !!

chno9 · 17th September 2007, 22:56

That is what i thought, but sillygirl1 seems to think there is a chance that this may be statute barred already. ODC has also advised that i should send a letter.

There seems to be quite a conflict of opinions here, i suppose there is no quick way of resolving these things, and you need to research the subject thoroughly yourself as well as getting advice.

ODC · 18th September 2007, 00:00

Quote:

Originally Posted by chno9

That is what i thought, but sillygirl1 seems to think there is a chance that this may be statute barred already. ODC has also advised that i should send a letter.

There seems to be quite a conflict of opinions here, i suppose there is no quick way of resolving these things, and you need to research the subject thoroughly yourself as well as getting advice.

Just to clarify. The default was put on in June 2002 neaning it wouldnt be statute barred till june 2008 unless you live in Scotland in which case it is only 5 years but its likely that payments were stopped before June 2002 and it may well be Statute Barred by now or heading that way. The only sure war is to send a Subject Access Request letter to the original creditor. This will show when the last payment was made. However if Ruthless cannot comply with your CCA request then sit tight till June next year and you know it will be Statute Barred

chno9 · 18th September 2007, 14:51

Thanks ODC

After reading more about this, that is the conclusion i had arrived at.
Just reassuring to hear someone else confirm it.

As i understand it.

Ruthbridge were unable to prove that they own the debt due to no CCA.
NO CCA = debt is in dispute
Debt in dispute so can't be passed to another DCA
Ruthbridge must find the TRUE CCA before any further contact
This is unlikely at this point and the debt will run through to the point it becomes statute barred
Statute barred = Goodbye

There are two small niggles i have that if anyone can clarify i would be most grateful.

Hillesdens are shown on my credit rating as owning the debt, and have been defaulting my report on a monthly basis.

What if anything can i do about this?

If Ruthbridge do find CCA, what would i need to do?

Sorry for the lengthly post, i am one of those people who like to be torough, and ready for any eventuality. The more i know the harder it is for them to go about their shady business

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