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

[dx100uk]

the period is ended, not that it can't restart. else it would say reset.

 

 

 

[Peterbard]

DX, once a Judgement is made, there can be no set condition.

The judgement may say there is no case to answer and we believe the debter never hears of this debt.

In that case do you think a default would continue?

It may result in a CCJ, what about this.

 

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.

[listless]

2 hours ago, Andyorch said:

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.

 

Thanks Andyorch ,and every one else,

just to clarify things

 

my earlier question as Andy says was hypothetical as I came across these two outfits had done it to that OP for SB Debt(earlier copied and pasted what that person had written),also they had conjured up a fake payment record.

 

On my case I know I hadn't made any payments after mid 2009 ,

a default was registered on my Cra files late 2009 this fell off in 2015,

 

I know for certain that I did not make any payments or make a written acknowlgement after 2009 that is certain I did not have money or means physically or mentally ,

 

if they conjured up fake payments or not I don't know as stated earlier

I also checked with registry online and it came back as clear.

 

Only update I have is as mentioned in post #62 they ignored the SB letter I sent which they signed for on the 2nd but say I didn't respond to their communication and sent the letter received as in post #62 ,

as advised I haven't done anything since and am waiting to update when I get anything else.

[Peterbard]

Yes indeed, and after all that info. It still remains that DX is correct, in that you need not worry about your case.

 

IMHO

[dx100uk]

1 hour ago, Dodgeball said:

DX, once a Judgement is made, there can be no set condition.

The judgement may say there is no case to answer and we believe the debter never hears of this debt.

In that case do you think a default would continue?

It may result in a CCJ, what about this.

 

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.

 

the issuance of a claimform halts the SB clock - it does not reset it to 0yrs.

a default judgement makes no change to that fact,

else there would be no point in the N244 process to set aside a default judgement.

 

should the defendant raise a set aside and be successful and at any possible later hearing should the claimant request one, and the defendant wins, the claim is dismissed, the sb clock is unpaused as if the claimform had never been issued that halted the clock . 

 

 

[Peterbard]

No it doesn't , why should it. OK show me where it says this, Debt  becomes under an action only when the debt reaches court.  Now that would be handy for him. Are you saying that if a creditor sends an enforcement notice to the wrong address he can put off the SB date?

 

A 244 to set aside a JUDGEMENT you mean?. Once a Judjement is made any debt changes from being a debt under a default to a default under a judjement, its SB status will change accordingly.

 

should the defendant raise a set aside and be successful and at any possible later hearing should the claimant request one, and the defendant wins, the claim is dismissed, the sb clock is unpaused as if the claimform had never been issued that halted the clock .  

 

Now this is correct. But the  is not frozen on the issuance of the notice, but when the first action begins, in the court.

[dx100uk]

2 hours ago, dx100uk said:

the issuance of a claimform halts the SB clock - it does not reset it to 0yrs.

can't say it any clearer than that.

 

the date top right of the claimform from the court halts the sb clock.

always has been that way.

[AndyOrch]

In the case of claims for a debt, acknowledging the existence of the debt will restart the limitation period. However, it must be a formal acknowledgment, in writing and signed.

 

The period stops when either the claimant issues proceedings or on expiry of the statutory period or any agreed extension. The critical date is issue, not service. Whilst there is some split in the case law, it would be safest to assume that if the period expires on a day when the court office is closed, meaning proceedings cannot be issued that day, the period will not be extended until the next business day.

 

https://www.allenovery.com/en-gb/global/news-and-insights/publications/know-your-limits--making-the-most-of-limitation-periods

[Peterbard]

Indeed so the prodeedings have to have started.

 

As said creditors cannot just issue claims knowing they will not get to the debtor, and expect this to delay the SB date, as the definitions on the SOL say in court.

 

In Rankine the judge decided that the presentation of a notice is not proceedings. it is not an action.

 

If however this is followed by a default judgement, the status of the account would be that a CCJ would be registered, not a default. It would be a judgement debt...

 

.If the debtor then filed a set aside the judgement would be in limbo until the action was heard, and all mentions would be removed from the CRA.

 

This is how credit clensing firms work.

 

After the set aside judjement is heard the debtor will either owe the money to the court CCJ or not owe anyone anything. 

[listless]

Hi,

Letter received from Ruth bridge today,

 

Further to the receipt of your correspondence regarding the issues raised

they have now liaised with their client who have requested the account be returned to them to deal with the matters that you have raised.

 

It goes on to say that the account has been Closed on Ruth bridges system and i won't receive any communication from them .

 

Apparently Cabot Europe advised them that they will be in contact with me shortly  to "deal" regarding the matters I have raised,

 

funny thing I sent the copy of the same to Cabot as well which they received on the same day 11 days to date.

For which Cabot did not respond .

 

 i will update as soon as i hear anything else, once again

 

i appreciate every one taking their time ive been reading some other posts every one is involved in and see what a huge amount of work you'll are putting in , i would like to make a token donation some time , apologies i may not be able to do a recurring one as , im with no income at the moment ,but will try my best.

[listless]

Hi Every one , thanks for your help in this matter

I Have an Update 

have just received a letter from  Cabot ( my post code is wrong in this letter) she even gives her name dated 07/03 

the letter says that she hopes to help me by providing a resolution to this matter.

her understanding of the dispute - you state this account is statute  barred ( i never acknowledged it anyway)

she in investigation as below gives a account opening date in 2008 ( probably wrong)

gives a time it was active for 

a date a default was applied

 

says cabot purchased it in 2011 and they were provided my details as the account holder.

 

 they acknowledge the above account is statue barred and so governed by the limitations act 1980.

apparently they do not consider their actions to be in breach of any law or regulatory guidelines 

the account has been withdrawn from our "Regular"  collections and closed .

and in conclusion they say 
in the light of the above i have made the decision to close the account and i will no longer hear from them or their agents 

goes on to say tht they can confirm it should now  no longer show on my credit files.

(it had fallen off years ago anyway , i will check my CRA's again to see if they have been messing with it or not).
in spite of what they state this is the only area of concern on the letter they state 

" Statute barred debt still exists and is "Recoverable" where contact has been maintained during the limitation period.
 

[AndyOrch]

   Easy when you know how.......topic title updated.

 

next........

 

 

Andy

[listless]

Thank you and all who helped

[dx100uk]

ruddy fleecers trying to sc@m mugs that know no better in other words.

 

well done

 

please consider a donation to keep us here please

 

dx

 

[listless]

Thanks dx ,  I did make a small donation earlier will do my utmost to contribute when I can I won't forget

[dx100uk]

35 minutes ago, listless said:

Thanks dx ,  I did make a small donation earlier will do my utmost to contribute when I can I won't forget

hey you are fine,was on a small screen sorry

 

dx