Jump to content


Rutherford & debts from 1999 pls help!!!!!!!!


unluckylucy
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5105 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Have rec'd several letters over the past few months stating that I must pay £950 that I owe from a welcome finance agreement back in 1999.

 

As I rememebr, we didn't owe on it as we gave welcome the car back after making several payments and never heard anything.

 

Anyway have ignored all the previous letters and binned them but had a phone call tonight saying that unless I pay them £700 by saturday, theyare going to proceed with a bankruptcy order.

 

I told them that I would like to see a copy of the legal paperwork with my signature on for this amount owed and he told me that they dont have it and wont get it until it goes to court. So I asked him, did he expect me to pay £700 for a debt i didnt owe and he said that if it turned out not to be me, them they'd refund me after a month (???).

 

Anyway, I have never had a ccj registered (I am a memebr of credit expert and I cannot see any ccj's registered. Also this was from way back in 1999 before my daughter was born.

 

I dont own my own house, its a council house, I dont own a car as its in my husbands name, my compuer is on HP so what would they get from me????

 

have I left it too late after 4 months to send a letter to them??

Link to post
Share on other sites

If you have neither acknowledged the debt nor made any payment to it then after 6 years the debt is STATUTE BARRED, they cannot chase you for it....Also you CANNOT be made bankrupt for a debt under £750 !!! they are frightening you to give in.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

Sorry missed the £900....I would request a copy of your Consumer Credit Agreement....but make sure this debt isn't statute barred first....

  • Haha 1

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

If you have neither acknowledged the debt nor made any payment to it then after 6 years the debt is STATUTE BARRED, they cannot chase you for it....Also you CANNOT be made bankrupt for a debt under £750 !!! they are frightening you to give in.....

 

 

Thanks for that. No payment has been made since 1999 and no contact by letter of ackowleding the debt.

 

Sorry if I sound thick but what does STATUTE BARRED actually mean??

 

many thanks for your help

Link to post
Share on other sites

If this is from 1999 and no payments or written signed acknowledgements have been made, and no CCJ exists then it is as already stated Statute barred under Section 5 of the Limitation Act 1980;

5. Time limit for actions founded on simple contract

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Limitation Act 1980 (-), [email protected], David Swarbrick, Solicitor, Wrigley Claydon

 

Send the Statute barred letter...

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162366

 

Best wishes, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

Link to post
Share on other sites

Thank you for that Dave, very much appreciated.

 

I got a letter from them yesterday and realised that the company is actuallt Ruthbridge, I could have sworn it was Rutherford. Will that make a difference to them trying to bankrupt me (not that I have anything for them to take)?

 

many thanks!

Link to post
Share on other sites

Should have guessed it was Ruthless. They always threaten Bankruptcy. The debt is Statute barred and no amount of huffing and puffing, lies or threats can make it unstatute barred. They are talking crap. Send them the letter as DMD suggests and if they continue to chase he also does a nice line in BOG OFF letters.

 

NEVER SPEAK TO RUTHLESS on the phone or fall for any of their scams such as getting a message that you have a parcel waiting from express deliveries or whatever alias they now use. Come back here we will keep you right and get these lowlife mongrels off your back

  • Haha 1

Link to post
Share on other sites

Send them the letter as DMD suggests and if they continue to chase he also does a nice line in BOG OFF letters.

Further to what ODC has kindly posted, I might add that once you have sent the Statute barred letter, it becomes unfair practice as per OFT guidelines on debt collection to further pursue a Statute barred debt once the debtor has stated that he/she won't pay a debt because it is Statute barred.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Statute barred debt

2.13 This guidance applies to the pursuit of debt regardless of its age. We will be carrying out further work on this aspect of debt recovery including analysis of relevant legislation and practice throughout the UK.

2.14 In the past we have dealt with a number of statute barred debt cases governed by the Limitation Act 1980, which applies to England and Wales. Based on that experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be

unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from

the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt

is statute barred, then we do not consider it unfair to continue to

attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for

example, falsely stating or implying that the debt is still legally

recoverable and relying on consumers not knowing the relevant legal

provisions, and

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

 

Good luck & best wishes. Best regards, Dave.

 

cag-end-sig.jpg

  • Haha 1

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

Link to post
Share on other sites

Furthermore, here is Section 40 of the Administration of Justice Act 1970;

 

DebtHelpUK - Administration of Justice Act 1970

 

Best, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...