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    • In March 2016 I took out a boiler from a shade greener on a conditional sale for 10 years was approximately £40 per month for 10 years which sounded a bit expensive but they advised that all parts and labour would be covered over that 10 years and an annual safety check which sounded great as it took away the worries of the boiler breaking down and replacing with expensive parts plus they said they would power flush it so I went ahead And also they had a call out of a maximum of waiting 24 hours. The whole installation and power flush took approx 4.5 hours. I didn’t have any problems until 23 months later when the hot water was playing up and I was told when I rung that if it was debris in my boiler that the visit would be chargeable. I advised none of this was mentioned when I took the agreement but they was insistent as it happened I was due a service within a couple of days so they did the visit and said it was debris and they cleaned the heat exchange plate as a gesture of goodwill. Approx 6 months later started having intermittent problems with hot water so I called again and was told by an advisor over the phone that it was my heat exchange plate which was blocked due to debris and I would be charged, I asked the advisor if he was a gas safety registered engineer and he said he wasn’t so I asked how he could be making such technical diagnosis’s over the telephone and I asked why the boiler would be blocked with debris when a power flush is supposed to last 5-6 years, I also asked if they cleaned the filter on a boiler service which they said they didn’t and they didn’t have to. I got my own gas engineer to check and it was a different fault and rang back and they sent someone out. I made a complaint to asg and i posted on social media about the disgraceful way I was spoken to on the phone and their service in general only to be sent a letter threatening libel on me and I had two days to sign a letter promising I wouldn’t post anymore on such platforms. Hence i didn’t sign and the Facebook group was changed to private however within 24 hours staff members of asg tried to infiltrate the group and when I raised this with asg they banned me from using the 24 hour call out facility and would only allow me to communicate by recorded delivery as I’d been abusive and threatening to staff which they apparently had proof of to provide to the courts if necessary. I did a sars request to asg to request said copper of emails and call recordings to which they couldn’t supply so I made a complaint to the information commissioners office who in turn raised this with asg who admitted they infact did not have these (because it never happened). Also it transpired that my boiler wasn’t fitted to gas safe regulations/building regs/manufacturers instructions to which asg denied (the flue was discharging into next doors garden) to which asg sent their head engineer round who got my tenant to sign documents (with my name in the boxes) to say their was no issue with the flue even though this had been raised several time’s. I also found out there was a charge registered against my property which prevented me from remortgaging even onto a better rate that was never mentioned when I signed up. I took these issues to the financial ombudsman who looked at the case and in the meantime I got gas safe to inspect the boiler who confirmed it wasn’t legally compliant after my solicitor checked the boundaries of the property so the ombudsman ruled in my favour that they should wind down the credit agreement, remove the boiler and pay me £400 compensation as asg had many opportunities to rectify the issues and chose not to, they also didn’t believe that the boiler flush was done to a correct standard as after researching it should take 2 days to fit a boiler and do a complete power flush. I have never dealt with a company like a shade greener in my life and sincerely hope that telling my story that no one falls foul to these again.
    • Thank you dx100uk   I know I dropped the ball on this one and there’s no excuses for it. I should of done my research well before now and not leave all this to the last minute.    I’ll try and get on the website but if I can’t I’ll email this defense over today and keep this form updated.    Once again thank you all for helping me   Andrew
    • Do you live on your own?
    • Okay thanks it is a difficult one.
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Cabot/Ruthbridge chasing 13 Year old Capital One debt!! ***Resolved***

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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

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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


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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 
 

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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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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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

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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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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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

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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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Many thanks for the information.,

I will do as advised .

Thanks again.

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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 OTHERS

 

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

 

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

 

dx

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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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

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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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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It was in another forum when I did s bkenket search in Google for these  2 DCA' s I didn't post a link as I thought it not appropriate can Pm the link

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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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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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?

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 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 OTHERS

 

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

 

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

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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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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even if they were right another 7 years will have passed so still SB

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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)

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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 OTHERS

 

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

 

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

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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 

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:thumb:


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 OTHERS

 

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

 

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

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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.

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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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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