Ruthbridge Chasing Unenforcable Debt, Please Advise.

[Smart9682]

Hi.

 

Awhile ago thanks to the help I got here I was informed that my Yes Car Credit Agreement was Unenforceable due to missold PPI Insurance, I informed the then DCA involved Hillesden Security in which they replied in agreement saying they won't enforce the debt, but the debt is still owed etc etc etc.

 

Anyway that's been going well for a good few years now, however This Month Ruthbridge has contacted me and unlike previous attempts from other DCA's ( Direct Auto Finance ) instead of the usual "Would you like to pay something?", They have demanded I pay, Threatened me with Bailiffs and also filling for Bankruptcy against me resulting in something called the Official Recivers Office to gain possession and control over goods or property.

 

Is there a template letter I can send them? Informing them of their serious breach and to get them to stop any action like this?

 

Thank you.

[BRIGADIER2JCS]

Ruthbridge are the bottom feeders of the debt collection industryand love to make all kinds of threats of dreadful consequences if you don't pay or contact them.

 

When was the last payment or acknowledgment in writting made in regard to this debt?

 

If you are sure that there has been no payment or acknowledgement in 6 clear years the debt is STATUTE BARRED and cannot be enforced in court.

 

As to the threats of BR and bailiffs they would firstly have to obtain a CCJ and win the case an you would have to fail to comply with the judgement orde so the tthreats are of no merit.

 

Send the following to the Compliance Director at Ruthbridge by recorded delivery if the 6 year criteria has been met.

 

Ref: as on their letter.

 

Dear Sir or Madam,

 

I refer to your threatening though meaningless letter date xx xx xxxx regarding a debt for £ xxxxx which you allege is owed by me, pleas not I do not acknowledge any debt to Ruthbridge or any company you may claim to reperesent.

 

I must point out that any such allged debt is STATUTE BARRED and I will not now or in the future make any payment or offer of payment in regard to the alleged debt.

 

I am also aware that another debt collection agency has stated that the allged debt is unenforceable.

 

You will now cease to processing and storing any data relating to me and remove it from your records immediately.

 

I am fully aware of the Limitations Act 1980 and the OFT Guidance on Debt Collection 2003/2011 and will not hesitate to report the conduct of Ruthbridge rearding this matter.

[42man]

Is the alleged debt statute barred by any chance ?

[BRIGADIER2JCS]

If it's in the hands of Ruthbridge then almost certainly SB.

[Smart9682]

last letter was from December 2011 from, Direct Auto Finance after I informed them back in 2009 that the debt is unenforceable due to the missold PPI have only ever sent me the annual statement which they are required to.

As far as statute barred is concerned I have no idea how I would go about finding that out, the main point is the debt has already been confirmed as unenforcable.

 

The December 2011 letter from DAF was them telling me they will be passing it on to Ruthbridge, The actual original agreement with Yes Car Credit is from 21st April 2004 if that helps.

[BRIGADIER2JCS]

Maybe unenforceable but is still collectable and can be pursued, you need to know when the last payment or at acknowledgment in writting was made, check CRA files.

[Smart9682]

As I wrote above 2009 was the last time I contacted anyone about this and I informed them that this was Unenforcable which was confirmed by Stephensons Solicitors, after that Direct Auto Finance told me that all collection activity will cease but the debt will still exist and that I should pay something towards it, but they wont be able to force me to pay.

 

Ruthbridge have been the only ones since then that have told me I HAVE to pay or be taken to court, bankrupty etc. What I need is a template letter informing them of the unenforcability of the agreement.

[BRIGADIER2JCS]

Ruthbridge a chancers who take on debts no one else will touch stat barred, unenforceable etc., in the hope that perhaps 1 in 10 pay up on a debt they have aquired for pennise in the pound.

 

''Unenforceable'' means only that the debt CANNOT be subject to enforcement through the court, the underlying obligation still subsisits and the creditor/DCA can use all forms of collection activity short of a court claim.

[hiro666]

Hi,

 

Sorry but I am trawling the Ruthbridge posts as yesterday I got a letter of transfer from them and in the same envelope was a letter from Cabot. Now Cabot claim to have three accounts (three if you look at CallCredit and Equifax but only two if you look at Experian) according to my CRA reports all of which go SB between Feb and Jul 2013. So from what I have read, it looks like I am going to get a bumpy ride from these guys in the very near future.

 

The best thing is, there have been several searches by "Organisations: Not Recorded" in the last few months and I was wondering if the two are connected?

 

My biggest concern was the resetting of the 6 years which is why I decided to ride out the last year or so (that and the very s*** way I was dealt with by one DCA who called my mother and threatened to take her car away and then come and sort me out for messing him around).

 

Have I got a sound plan or am I doomed?

[BRIGADIER2JCS]

If the debt is with Ruthbridge there is a good chance it's unenforceable or statute barred already.

Are you looking at default dates if so the debt can be come anything up to 6 months sometimes more prior to the default dater,you need to know the date of the last payment

[hiro666]

Ah, the date of the last payment or the date of the default registration?

 

Basically - I got in a mess when there was a loss in the family and shortly after a messy break-up so paying bills was the last thing I was thinking about. I am all straightened out now but when I was digging into sorting all of this out about 18 months ago - the benefit of paying up was another six years on my CRA file AFTER the final settlement date (I worked out it would take me three years to clear them all) so I chose to ride it out. Foolishly I have never done a 'prove it' or SAR letter to anyone thinking it would open a can of whoopass I could do without.

 

The default registration dates are (according to checkmyfile and Experian) Feb 2007, April 2007 and May 2007. All reported until the same time 2013. I have had no contact with any of the OCs and made no payments to any since at least two months before the defaults (hence the defaults).

 

Out of interest - there is another one due to fall off in Sept 2013 (but Talk Talk can go whistle for that one - there is another thread with a similar story to mine about phantom charges). What happens to my credit profile after that? Then there will just be a bank account, will I still find it impossible to get a mortgage?

 

Thanks.

[BRIGADIER2JCS]

Statute Barred time scale runs from the date when a payment was due and not paid after which no other payment was made, the default date is up t 5-6 months

after the last payment so debt defaulted Feb.2007 may well already be statute barred.

 

You will need to build a credit profile over 3-4 years at least, mortgage lenders are increasingly looking for upto 6 years good ++ credit management.

[hiro666]

OK, I can live with that - gives me a chance to save up for my 40% deposit

 

On CRA files, I am assuming then that the CRA state they will retain records for 6 years after the default date but Statute Barred is counted from the first outstanding payment provided no further payment is made? Making them different scenarios. This gets more headache inducing.

[BRIGADIER2JCS]

ALL defaults are removed after 6 years paid or not.

Yes is adebt becomes SB before a default ''expires'' the entry remains for the balance of the six years.

Totally different scenarios.

[hiro666]

Shredder it is then!

 

Brigadier, you are a complete star. Mind rested - waiting game ensues.

[hiro666]

Hi,

 

I was reading back through and noticed in a previous post you mentioned that even though a debt is statute barred, it is still collectable by any means short of a court order? Does this open up another can of worms i.e. their methods become a little more unsavoury knowing that a court would not be interfering in recovering an unenforceable, but still collectable debt?

[BRIGADIER2JCS]

Once a debt is SB the OFT in Guidance 2003/2012 states that ''it is unfair to continue to pursue (a statute barred debt) after the debtor has informed the creditor (DCA) that the debt is statute barred, to continue to do so could amount to harassment''.

That's the end of the debt at this point.

In Scotland the debts is SB after 5 years and extinguished.