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    • Not sure if the above issue is covered in this group but if so I am after some advice.   My Dad is in his late 90's and on his death leaves everything to my Mum, also in her 90's but housebound. It is our intention and the request of Mum that when Dad has passed that the property she is currently living in is sold, we sell our property as well and we purchase a property with an annexe and self contained toilet / shower facilities where Mum could live out her days with us. There is no way on this Earth that she would go into an old folks home and it's certainly not on our agenda. Our daughter is their registered carer who currently looks after them.   Mum's Will as it stands at present states that I inherit her estate on her death.  She is talking about transferring the property she  currently resides in to me so that I can handle the sale of both properties. As her Will currently stands, the property she is living in will have already been sold so the Will won't be applicable. Could she change her Will now to state that on Dad's passing her property passes to me or can she gift the property?   The simple thing would be for Dad to change his to state that the property transfers to me but he is currently suffering with dimentia. He hardly knows what day of the week it is and gets very confused and agitated.   Any advice would be grateful. Thanks
    • One very useful admission to obtain from them in a recorded call would be to get them to admit that they hadn't informed you in advance as to the cost of the car rental. So for instance – "I'm just calling to find out what the cost of the car rental is because when you first approached me, it wasn't explained. I'm just want to find out so I can start arranging to pay how much I owe you." Something like that. The point is somehow or other to get them to acknowledge that they hadn't told you the rate at the time. It's an implied term of any contract the services that where no price has been agreed – then a reasonable price will be implied. Clearly you are not being asked to pay a reasonable price
    • Just to add, if you can start recording your calls then telephone conversations might be very useful because you may well be able to steer the conversation into some useful admissions. For instance, you might be able to get them to refer to the earlier conversations and what was said in them. This kind of thing would be gold dust. I think you can see that you have been tricked by aggressive salespeople – and it's up to you to start becoming a bit aggressive and assertive – and tricky – yourself.
    • Also, SAR to everyone else. I've already asked you to do this on the other thread. Also, no more phone calls unless you have read our customer services guide and implemented the advice there. Follow the customer services guide link or else click on it as it passes through the running banner at the top of the forum page
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I'll keep this concise but looking for some advice.. (not a poet)

 

- debt defaulted december 2007

 

- about 85-90% certain last contact was May/June 2008 to try and arrange payment plan but never went through with it. tried to think of anything that suggests i was in contact after this but really cant think when/why that would be.

 

- that last contact was through agency called ARC and last letter from them was July 2008.

 

- debt then passed to cabot who sent several letters to me 2009 and 2010 once they had found new address. ignored.

 

- nothing since and debt fell off credit report december 2013 as expected (6 years since default). this was the final debt - of very many - to fall off credit file so a big moment for me as this was a huge huge mess around 2007-2012.

 

- nothing since and then i moved July 2014.

 

- post recieved Jan 18th with one letter from cabot and one from ruthbridge essentially saying it has been passed to ruthbridge and they will contact within 7 days. (nothing as yet has followed)

 

- credit file with experian shows nothing but my mortgage, phone contract and bank account, no ccjs and score is 999

 

---

 

From extensive research (forums etc..), i can see that this is highly likely to be statute barred for the simple reason that ruthbridge have it - though can only be that '85-90%' certain of the no contact but that might just be paranoia at the sitiation.

 

i suffered from depression quite badly due to debt between that 2007-2012 period and have really turned my life around since. would be horrid to have to go back to all that in any way.

 

What would you guys suggest i do based on all this?

 

Any advice would be greatly appreciated.

Edited by anon82
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This situation has been hotly debated on CAG and elsewhere. It has always been that an unsecured loan becomes statute barred after 6 years (5 in Scotland) where the debtor has neither made any payment nor written admission of liability.

 

Some say (especially DCAs) that the account does not become statute barred until the creditor has recorded the default on credit files. This is open to abuse as a lot of creditors don't do this for up to 2 years !.

 

After one or two payments have been missed, I would think the creditor is almost certainly aware that the debtor is unlikely to be paying and from that point they can take the required steps to secure their lending.

 

IMHO, if you add at least 2 months on to the date of the first missed payment, then you are almost certainly within the statute barred zone.

 

Despite what the DCA says, it is nothing to do with making contact with you.. the debtor has to have made payment or confirmed in writing that they have a liability.

 

As you have said that the account defaulted in 2007, I would say that you could safely send the SB letter.

 

I have linked the SB letter that you can send below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-(update-21.04.2014)

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Thanks for the reply :)

 

If it adds anything, it was showing as a red default every single month on credit report from that december 2007 date right up to disappearing.

 

Ive read that ruthbridge specialise in old SB debts more than most DCAs - so the SB letter should kill them off..?

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Thanks for the reply :)

 

If it adds anything, it was showing as a red default every single month on credit report from that december 2007 date right up to disappearing.

 

Ive read that ruthbridge specialise in old SB debts more than most DCAs - so the SB letter should kill them off..?

 

In which case, I would say yes, definitely the account is statute barred - send the letter I have linked you to.

 

I would send your letter to their Head/registered office and send it by tracked mail - either Recorded or if you can afford it, Special Delivery. It is interesting how this type of letter if sent by normal 1st class post, get lost within the postal system !!

 

Until you let them know that you are aware it is statute barred and that you are bringing this to their attention and wont be making any payments, then they are able to ask you to pay.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thats a great help - thank you very much for this. Feel a lot better about it all.

I'll come back and let you know how I get on.

 

Yes, please do let us know how things go :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You must not rely on the fact that Ruthbridge are attempting to collect as a sole criterion for S B. I know that "they only deal with s b accounts" has been stated in the past. One poster in particular used to repeat this, presumably based on a case he had handled. It's a myth. I have handled two which were definitely not yet s b.

 

I'm not saying that yours is, nor that it isn't.

 

Ruthbridge are simply a favourite bulldog DCA which Cabot/Marlin use for more "awkward" "customers". However I believe they can, with due diligence, be sent packing . That due diligence includes not over-reacting.

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Thanks. I know - I dont want to assume anything at all. Just want to clear it up as quickly as possible.

 

I had thought it was SB before I looked up ruthbridge. From searching on multiple forums, a huge percentage of the results for them were conversations about SB debt.

I think just by putting my sequence of events together with this I feel pretty confident that they are just trying/going to try to bully me into paying a barred debt.

 

Default date to today is 7 years and 1 month. The last know contact with them would be about 6 years 6 months. Even if there was anything after, it cant have been much later.

Even if - for some reason - it wasnt quite 6 years, they would still need to prove this and surely that would take time in itself.

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Forgive me if Im talking nonsense but I read elsewhere that loans taken out before April 2007 - especially ones where they were taken out online - are incredibly difficult for DCAs to enforce anymore anyway. Is this right?

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