Jump to content


Cabot/Ruthbridge chasing 13 Year old Capital One debt!! ***Resolved***


listless
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1469 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

Hi,
Apologies if this is not the correct place to post this ,

 

I have just received a letter through the post after many years at my new address from cabot (original lender Capital one) saying they have been unable to come to an agreement with me ( first im hearing this for a long time) and they have passed it on to ruthbridge limited and have included a letter from them asking me to call them the "outstanding amount is for £2301.79" they want me to telephone them to avoid any further action.

 

it goes on to say that this debt will remain outstanding if ignores and we urge you to work with us to get the matter resolved as quickly as possible.As far as i know there was a capital one debt in 2007 i was unable to resolve because of a serious illness among other things.and Cabot must have taken this over . interestingly i had saved some of my CRA files and manged to find a cabot/ debt for a the said amount and on it the default date is given as early 2009  ( i know i couldn't pay after 2007- definitely no payment or acknowledgement )

 

i have got free copies of all my credit reports today and they are all clear , these days i have only my bank account and no credit cards am i correct in thinking the time limitations have passed on this?( or is there any other way this might not be so?) , if so what would you knowledgeable people advise me on the course of action ,

 

i have tried to read some threads here since i got this letter  but would really appreciate some well directed advice please.further i guess i got this letter i guess because i moved , i stayed at my previous place for 5 years an never got a single letter so its very odd .

Thank you in advance

Link to post
Share on other sites

Hi and Welcome to CAG

 

If no payment or acknowledgement has been made since 2007 then the debt is statute barred....Ruthbridge are Cabot.......their desk is outside in the garage..... they get the dregs all the statute barred and unenforceable debts to chase..

 

Make sure they do have your current address...I know they have now found you with this letter...but write and inform them of your current address and attach our statute barred letter to your cover letter.

 

 

You dont want them serving court papers to your previous address.

 

Andy

 

Thread title updated

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Andyorch changed the title to Cabot/ Ruthbridge chasing 13 Year old Capital One debt!!

Dear Andyorch,


Many Thanks for your quick reply,


i have been reading through forums and worrying my self sick apparently because a of a new court ruling in 2019 has changed the SB rules? ..

 

also  CAB websites sending the statute barred letter may seem like im agreeing to the debt and may re-set the clock, below ifs from their web site 


"Writing to them could make it look like you’re agreeing you owe the money. This might reset the time limit - this means it will be another 6 years before the debt is statute barred."


another site says
"if you write saying that a debt is statute-barred and you are wrong because the debt isn’t, then your letter is likely to have “reset the clock” by acknowledging the debt;" 


they say to send a "prove it " letter first?.


i know the people here are experts and desperately want to take your advice but am concerned about the above conflicting information .


i have also looked at that old credit file again and it is in the name of cabot so they purchased the debt but the default date as on that record is 03/2009 , but looking at the history is a bit worrying as i can see a "DF" mark in 03/2009, then again in 05/2009 , then nothing until 04/2012 another "DF" then twice in 2013 ( 06 & 08) then lastly   a"DF" in 08/2014 (less than 6 years) have they manipulated it so that it seems i have paid,

 

i can confirm i definitely did not make any payment after 2007(maybe 2008) period i simply did not have any money at all even lived at a shelter nor did i make a written acknowledgment . going through threads elsewhere there is a lot of which says Cabot  has produced mysterious payment to get CCJ's

apologies for my insecurities do you still think i should send that SB letter or something called a  "prove it " letter,
apologies again 
 

Link to post
Share on other sites

forget the stupid prove it letter..

and try not to read things into what certain websites are saying 'fits' your thinking.

 

calendar markers are nothing to with and cannot change - the defaulted date

the defaulted date is listed in the summary of the debt with a date by it.

 

that is outside of 6yrs + 14 days.

 

the debt is statute barred.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thank you for your replies I printed out the letter ,


but then came across a post which said after sending  the SB letter , cabot came back with a letter stating the limitations act does not apply because they sent a claim form within the time frame to that OP's former address , since they started the court process and  "stayed" it because the forms were returned to them as does not stay here   the limitations act doesn't apply is this actually true?

 

does the limitations act not apply if they started the court process but stayed it because the debtor wasn't living there?.


i must say i moved away with out informing anybody so i may have obviously got letters there with out knowing while i did know the people living there they did say what ever they got they returned

 

.is there any way to find out if there is a stayed court process against me before posting the statute barred letter?


Thanks

Link to post
Share on other sites

it might snow tomorrow too...….

 

just send the letter , it can't harm you , even if the above transpired to be so.

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks i will send the letter tomorrow by recorded delivery 
do i send the recorded delivery to the address on the letter do i address to any one in particular?


Ruthbridge Ltd
Ashley House
86 - 94 High Street
Hounslow
TW3 1NH

still would love to know the legality of the limitations act not applying if they issued a claim form to an old address abut stayed it because the letters were returned as not living there.

thanks again

Link to post
Share on other sites

don't waste money on recorded

just use a 2nd class stamp and free proof of posting from any PO counter, just hand over your letter and ask for it.

 

if a court claim was raised, yes, it does halt the SB clock, but it's not cabot that would stay the claim, that would be an automictic court process because cabot didn't then proceed with it, that then leads to serious questions upon Cabot's use of the judicial system as merely a debt collection tool to stop statute barring..leading to a very good chance of you being able to argue such, winning, the claim being dismissed and the statute barred clock thus never have been stopped...equals .. no debt!!.

 

never be afraid of a DCA

they ARE NOT BAILIFFS

and have ZERO legal powers on ANY debt that you or I don't already have.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Quote

still would love to know the legality of the limitations act not applying if they issued a claim form to an old address abut stayed it because the letters were returned as not living there.
 

 

 

Not possible.....because if you didn't acknowledge service or submit a defence it would be a default judgment for the claimant..a claim can only be stayed if you have acknowledged and submitted a defence.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

:!: god I missed that...getting old..

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks ,for your reply, but in the other case , they have mentioned that Cabot said they started proceedings raised a claim, but  it was stayed because the documents were returned to sender as " does not live here"

 

in that case Cabot have said because they submitted action before limitations exceeded ,

the limitations act is not relevant and SB clock would stop,

 

I too moved with out letting any one know , and I have got letters to that address which had been returned by the tenants, don't know what though.

I apologise if ok wasn't clear earlier.

 

dx100uk had already replied earlier

 

 

20 minutes ago, dx100uk said:

:!: god I missed that...getting old..

 

dx

 

Oops just posted my reply , and dx's reply came through, I'm confused now🤔

Edited by listless
Link to post
Share on other sites

the case you speak of cant have happened.

a claim would only be stayed if the defendant had filed a defence

 

I suspect you don't mean it wasn't stayed, rather cabot got a default judgement, but did nothing further re enforcement - what we call a backdoor CCJ.

which is what happens in 85% of the 750'000+ claimforms issued every year.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

probably one of the sites that let's dca staff post crap to scare people..and take a backhander for allowing them on..

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

below is what the post says

 

I qoute from that case

" I wrote a statute barred letter to Cabot Financial (a debt purchase company) regarding a non-secured loan debt more than 6 years old.

They replied saying that as legal proceedings were initiated, even though a CCJ was not obtained, that the debt is no longer subject to the Limitations Act 1980 and so is not statute barred.

Court documents were apparently sent out by them to obtain a CCJ but were sent back as I don't live there. The last couple of letters were forwarded to me by my parents' tenants.

They said as the loan is no longer statute barred, they will hold the account for 21 days for me to contact them to arrange repayment, otherwise if they do not hear from me they will return the account to the collections process.. which I assume to mean they will try legal action to reapply for CCJ?"

..................

 

About the SB letter.

Shall I add the extra sentences below to the SB letter linked here?

"No debt is acknowledged to your company yet you have contacted me regarding the above account."

and

"No correspondence/payment/acknowledgement of this debt has been made within the last six years 

or is this not recommended?

Link to post
Share on other sites

 Confusing isn't it all the differing advice......

 

A claim is not deemed served if returned as not known or never known at this address...now if it was once the correct address then last known address is deemed as good service and the claim has been served....

 

If returned to MCOL as unknown and never the defendants previous address then CPR 6 (18) applies.

 

Notification of outcome of postal service by the court

6.18

(1) Where –

(a) the court serves the claim form by post; and

(b) the claim form is returned to the court,

the court will send notification to the claimant that the claim form has been returned.

(2) The claim form will be deemed to be served unless the address for the defendant on the claim form is not the relevant address for the purpose of rules 6.7 to 6.10.

 

So if deemed not served..then the limitations clock never stopped..if deemed served correctly then the Limitation clock does stop...but only if the process is completed..IE the defendant ack service and submitted a defence or the  claimant attained a default judgment...if neither happened and the claim is returned to the court the claimant is advised that they either get the correct address or the claim failed if the correct address cant be provided.......it cannot be stayed.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

that's why we call them fleecers.

they say anything if they think they can get away with it.

 

just send the SB letter, do not adapt it with anything extra as above.

there is seriously no need.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thank you Andy and dx f (apologies dx saw dont hit quote too late)or your responses,

am i to assume from above if they served , it was deemed served correctly but the clock didn't stop because the process wasn't completed? .

 

i have also checked trust online and no records against any of my previous  addresses  didn't check my current  address , should. i ? ( sorry im a natural born worrier ).

 

on another note when checking my credit files there are multiple searches Barclays starting in early 2019 and then in November  2019  and January 2020 they are titled  " beneficiary trace enquirers" what could these be another disaster  in the making? i hope not no other searches not even by cabot  except for a one in 2014.

 

on the SB letter  just to con firm i have send it ruthbridge  and not cabot?

i have printed it exactly as below replacing my details where appropriate, thanks

 

(template removed - dx)

Link to post
Share on other sites

To whoever sent you the letter in post #1...Cabot or Ruthbridge ?

 

The only point I would add to end of the letter is that they update all the files with your current address.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I will do the addition as mentioned

 

cabot sent the letter saying they are passing it on to Ruthbridge for collection  and included a letter in the same envolope form Ruthbridge saying i should contact them now as cabot is now their client

 

ill send the letter to Ruthbridge with the addition you mentioned.
thanks again 

Link to post
Share on other sites

Finally posted the letters got proof of posting. I'll update accordingly.

In the meantime

As before w I'm still thinking of beneficiary trace enquiry would love to know what this means 

on another note when checking my credit files there are multiple searches Barclays starting in early 2019 and then in November  2019  and January 2020 they are titled  " beneficiary trace enquirers" what could these be another disaster  in the making? i hope not no other searches not even by cabot  except for a one in 2014.

Link to post
Share on other sites

usually to do with wills or bequeathment tracing..or dormant accounts that they have money in ...in otherwords they are trying to see if you are the beneficiary of something in their possession.

don't know who to contact mind!!

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...