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baileywoowoo

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My husband received a letter yesterday from Ruthbridge DCA threatening court action for a credit card debt if he doesn't pay within 7 days.

The credit card is one he had in England but we moved to scotland in Nov 03 and since we moved here we have received nothing from the credit card company and he has had no contact with them either.

The letter from the DCA yesterday is the very first contact.

What should he do? We didn't even know we had a right to request a proof of debt ownership, we've always just trusted the DCAs and worked out a payment (We have one other via Ruthbridge paid every month).

 

We just don't know what the best course of action is.

 

Please please advise.

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Well if you havn't paid anything toward the credit card since Nov 03 then it's close to being statute barred (6 years England 5 years Scotland I think)

 

Have a nose in the debt collection forum where you'll get some good advice, but first thing is not to panic as all the letters from debt collection agencies are designed to ruffle your feathers but are mostly empty threats.

 

Have a look in the template letters for the CCA request letter & send that to the DCA with a £1 postal order PRINT dont sign your name.

 

Morph

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Hi, I wouldn't send the CCA letter yet. Lets make sure it's Statute Barred first.

 

Sent them this:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland

 

Let them prove otherwise.

 

Send recorded delivery and don't sign

 

fox


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Hang on - before you do that - can I just double check that the debt collectors are acting on behalf of the credit card company and that it hasn't been assigned.

 

If its' been assigned then, unless the letter was sent registered post, if you acknowledge it you will be acknowledging receipt of a Notice of Assignment - which may not be the best thing to do


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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The DCA is Ruthbridge. They're letter says the client name is Cabot Financial Europe LTD, then under that it says Assigned from: Providian.

 

It's a notice before proceedings letter and says they've been instructed by the above named client (Cabot Financial).

This is the first letter we've received re this debt however we are already paying a debt through Ruthbridge and have been doing for about 3 years. They were very nasty on the phone when sorting out the other debt and we did panic and arrange £30 a month. We've since changed our number and refuse to give it to any of them and we never ever phone them.

 

As I said, hubby has not acknowledged this credit card since Nov 03 and we've had no communication whatsoever until this letter.

How can we find out what his last payment date was?

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The DCA is Ruthbridge. They're letter says the client name is Cabot Financial Europe LTD, then under that it says Assigned from: Providian.

 

It's a notice before proceedings letter and says they've been instructed by the above named client (Cabot Financial).

This is the first letter we've received re this debt however we are already paying a debt through Ruthbridge and have been doing for about 3 years. They were very nasty on the phone when sorting out the other debt and we did panic and arrange £30 a month. We've since changed our number and refuse to give it to any of them and we never ever phone them.

 

As I said, hubby has not acknowledged this credit card since Nov 03 and we've had no communication whatsoever until this letter.

How can we find out what his last payment date was?

 

If this is the first that you have heard that the debt has been assigned then this is a Notice of Assignment - if you ignore it they will have to prove that it has been served


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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If this is the first that you have heard that the debt has been assigned then this is a Notice of Assignment - if you ignore it they will have to prove that it has been served

 

Gawd, what does that mean?

Should we just ignore it then?

I've read alot about Ruthbridge on here and we have dealt with them before so I know they're are going to try severe terror tactics. I'm not worried about that as they don't have our telephone number.

 

Is is best to just ignore then in your opinion? I just didn't know whether this would be the only warning before they take him to court as they have threatened. Or is this just s threat to get him to comply?

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Gawd, what does that mean?

Should we just ignore it then?

I've read alot about Ruthbridge on here and we have dealt with them before so I know they're are going to try severe terror tactics. I'm not worried about that as they don't have our telephone number.

 

Is is best to just ignore then in your opinion? I just didn't know whether this would be the only warning before they take him to court as they have threatened. Or is this just s threat to get him to comply?

 

This is where it gets complicated:-

 

Where an assignment takes place before it becomes valid they have to serve a Notice of Assignment (under S136 of the Law of Property Act 1925)- it sounds as if the letter you have may well amount to a notice. If they want to issue proceedings against you they have to prove that you have been served with a Notice which they do by either showing that you have been served in accordance with S196 Law of Property Act (by registered post or by them physically delivering the letter to your home) OR by you acknowledging receipt of a Notice

 

The other thing is that on an assignment you are entitled to see the actual assignment.

 

Whether or not you respond to the letter is really up to you - if the case is likely to end up in court I personally wouldn't but it really is up to you - other Caggers may well take a different view.


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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This is where it gets complicated:-

 

Where an assignment takes place before it becomes valid they have to serve a Notice of Assignment (under S136 of the Law of Property Act 1925)- it sounds as if the letter you have may well amount to a notice. If they want to issue proceedings against you they have to prove that you have been served with a Notice which they do by either showing that you have been served in accordance with S196 Law of Property Act (by registered post or by them physically delivering the letter to your home) OR by you acknowledging receipt of a Notice

 

The other thing is that on an assignment you are entitled to see the actual assignment.

 

Whether or not you respond to the letter is really up to you - if the case is likely to end up in court I personally wouldn't but it really is up to you - other Caggers may well take a different view.

 

 

Ruthbridge know this is my husbands place of abode as we are already paying a debt off through them, so would this count as proof of serving?

If so, what would our next course of action be do you think?

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Ruthbridge know this is my husbands place of abode as we are already paying a debt off through them, so would this count as proof of serving?

If so, what would our next course of action be do you think?

 

I'm confused - I thought that the Cabot debt had not been paid for years - which I thought was where the statute barring point comes from.

 

The fact that you are paying a different debt is not proof of service in respect of a new debt.

 

As I've already explained they have to prove service of the new NoA either by proving service under s196 OR by you telling them that you have received it


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I'm confused - I thought that the Cabot debt had not been paid for years - which I thought was where the statute barring point comes from.

 

The fact that you are paying a different debt is not proof of service in respect of a new debt.

 

As I've already explained they have to prove service of the new NoA either by proving service under s196 OR by you telling them that you have received it

 

 

I'm so sorry if I'm making a mess of this. I think I've lost the plot and am just starting to confuse one with the other now lol.

 

Ok. You're correct, the Cabot debt has not been paid for years (at least since we moved to scotland in Nov 03). Since then we have had no contact with the credit card company or any DCA regarding this debt.

 

I wasn't sure about the fact that as we are paying off a different debt through Ruthbridge whether they could use that knowledge of husbands address as some kind of proof that we must have received the letter. You've cleared that up for me though, thank you.

I now understand that they have to prove that he received the letter not prove they can confirm his address.

 

I guess we just leave it and see what they come up with next? Hopefully it won't be a court letter! But I guess we'll just have to deal with that as it happens.

 

Do you know if there is any way of finding out what the last payment date would have been or can we only get that by asking the DCA? which would defeat the object as he then confirms receipt of their letter.

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Do you know if there is any way of finding out what the last payment date would have been or can we only get that by asking the DCA? which would defeat the object as he then confirms receipt of their letter.

 

Not really - how did your OH pay was it through his bank...in which case his bank would have a record


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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