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


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Thanks dx 

no nothing in the public records section on my Credit files for the past 6 years,

i have a few saved from 2013/2014 nothing there either after i have checked with registry trust on my 2 previous addresses its come back as no records,


but only noticed this time around on my old credit files some accounts seems to have mis spelt /re-arraigned my names ( i:e if my name is john x z y listless  on some its john z listless   another its  x listless🙄 or xy listless (same DOB)

 

 these all seem to be purchased debts not something i thought or even noticed before .
i guess i should go off topic ill wait for the dca to reply

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you are seriously worry about nothing...

 

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... 

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Why?

 

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... 

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No diff to post 2

Trying to fleece you

as all dca,s do.

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... 

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Thanks dx ,

I know you told me

it doesn't matter

my mind keeps going back to that sentence missed

about telling them specifically update their records to my address

well I technically did tell them to update as above so one could argue I did.

 

I also managed to find some statements from capone

last payment seems to be from may 2009 statement from June

I know I didnt acknowledge or make any payments to any one afterwards, so I'll have to wait and see.

 

Also it's the electoral roll I guess that alerted them now to think of it

so I guess I'll get more letters from others...

Oh well thanks to you'll hoping to get through it ,

 

Thanks again

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you should never run from debt.

 

if there are other debts that you know exist that you have paid or used within the last say 7 yrs then send them a letter too.

 

as for andyorchs comment

it was made toward asking them to update all 3 credit ref agency files.

nothing that can detract from your SB letter or make it ineffective. end off.

 

 

 

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... 

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I honestly had no intention of running away from debt I continued to pay them for 2years + after a life threatening illness till my savings ran out , with my income getting more limited after the illness till I came down with it again against all odds and doctors expectations, I had no option but to bury my head at this point till my relatives got to know I was in a shelter they took me abroad To try treatment , I should have let them all know creditors know but  I didn't even think about it then .

 

All 3 credit ref agencies have my new address as I updated voter reg after coming back , and I haven't paid or used any other for over 10 years.

 

Apologies I know I'm trying to justify my mistake I should really have let them know, but I'm still just trying to rebuild my life , 

 

Sorry I will try not to distract from why this thread was started, I'll post an update when I hear something .

 

Apologies again

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you should be ok then.

this episode is solely to try and fleece you.

you've protected again it. you sent the SB letter.

 

stuff happens in everyone's life.

TBH with your expanded story you should have no further issues.

there are far worse here.

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... 

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I received a letter today

they have completely ignored the SB letter they signed for on the 2nd of march and say we have had no response contact with you regarding the unpaid defaulted account above( the default fell off in late 2015).

It goes on to offer me a 70% discount subject to criteria if I pay by 15/03/20.

 

Says if I don't pay or make another proposal or why I'm unable to pay (which I have  by sending the SB letter) their client will look at alternative action.

 

Final paragraph says if I make partial payment that they will update credit reference agencies mark your account as partially settled, are trying to mess with my credit filed too by adding another default? There are no defaults on my credit files as they are long since fallen off will they do this again?

 

Another thing I i noticed is that they are addressing me in the letter as for example 

" John A listless" where I digitally signed the letter as "john listless" could this be the reason that they ignored the SB letter ? ,

 

do I re send the SB letter with full initials and point to the letter they signed and received on 02/03 and ask them to stick to what is written there?

Thanks

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you do nothing

it can't re appear

 

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... 

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Thanks dx so I completely ignore this letter?

Do I refrain from correcting my mistake of not signing my full name with the initial on the SB letter I sent ? 

Thanks apologies for being a right pain

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64 posts in and this is getting boring..

you were told what to do by following the link in post 2..

its that simple..

you've done it..

end of..

 

 

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... 

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 A DCA can’t put a default back on a Credit file, and can’t change the fact that it’s statute barred

We could do with some help from you.

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1 hour ago, London1971 said:

 A DCA can’t put a default back on a Credit file, and can’t change the fact that it’s statute barred

Thanks London 1971,dx has told me countless times, but I read a couple of other threads where they have, but yes it has hit home now , I will update again when there is an update again all your advice is massively appreciated, 

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On 27/02/2020 at 19:56, listless said:

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

No, it does not restart the SB date if they just send a letter and the "party" to the proceedings does not get it.

 

The SB does restart when proceedings in court commence, but they cannot  commence without all parties being notified. See SOL

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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sb does not restart when a claimform is issued by a court - it merely halts the clock ticking.

 

it only resets to 0 and remains there if the claim is successful and judgement is given as a CCJ cannot be barred.

 

but I think you know this and simply used the wrong words.

 

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... 

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On 27/02/2020 at 22:21, Andyorch said:
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

 

 

Already explained in post #10......

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

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4 hours ago, Andyorch said:

 

 

Already explained in post #10......

 

Regarding default judgements, if the judgement is subject to an application to set aside the judgement is removed from the record, intill the new case is heard.

4 hours ago, dx100uk said:

sb does not restart when a claimform is issued by a court - it merely halts the clock ticking.

 

it only resets to 0 and remains there if the claim is successful and judgement is given as a CCJ cannot be barred.

 

but I think you know this and simply used the wrong words.

 

THe Limitation period Is prescribed by section 5 below and runs until there is an “action.” 

 

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. 

 

Action means, an action in court, see below. 

 

 38 Interpretation 

(1)In this Act, unless the context otherwise requires—  

  •  

  • “action” includes any proceeding in a court of law,  

Therefore once that action has been brought, that limitation period has ended. 

 

An action in court does not mean issuing a default or LBA.

 

Once the judgement is heard, the new limitation will start from that date, either as a CCJ or a default, or not at all. 

 an 

These are the requirements of the SOL. 

 

The creditor will report the state of the account to the CRA who will record the its current condition. See above.. 

 

 

if a default judgement is issued(without the knowledge of the debtor, it can be set aside, if the debtor makes an application within 14 days or 28 days from when he heard of it.

 

In such case any record of the judgement must be removed.

 

Cases where the court must set aside judgment entered under Part 12

13.2  The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or

(c) the whole of the claim was satisfied before judgment was entered.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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There is no Default Judgment or any CCJ in this topic   :???:

 

The OP simply asked a hypothetical question with regards to if a claim was posted to a  previous address could it be stayed if the claim was returned as no longer at this address.

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

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1 hour ago, Dodgeball said:

Therefore once that action has been brought, that limitation period has ended. 

thank you for agreeing with me its only paused not reset.

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... 

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Share on other sites

This is true however. As I mentioned SB ends when a action in court is made but a judgement therefore cannot be recorded when all parties do not attend,

So the natural question would be, what about a default judgement.

 

So I explained that a default judjement will be recorded however it is easily removed, and this is one of the reasons why.

 

Was it a layer to far for you Andy.I really do.

 

 

5 minutes ago, dx100uk said:

thank you for agreeing with me its only paused not reset.

Oh I wish I could DX,  I really do. But no.

 

The SB delays the period between the cause of action and the action itself, Once the action takes place that particular period is at an end.

The condition of the agreement post judgement, is a matter for the court.

The judjement  will result in a new COA for its enforcement,  or not at all if the action fails.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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