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    • I just got the same response from Hermes below. What would you advise I do next?    "I am sorry you have had to contact us regarding the delivery of your parcel.    I have looked into your concerns and understand that as as you selected the maximum compensation level of £300 Hermes cannot exceed this amount as per your contract.   So that we can process this as quickly as possible for you, we kindly request that you send us some details:   - your bank sort code - your bank account number (the short one, not the long card number) - your name as it appears on your bank card   Once we have received the above information, we will send you a further email once the payment has been processed. This can take up to 5 working days to reach you   Please accept my apologies for the frustration this has caused you.       If you require any further assistance, please don’t hesitate to contact us."  
    • Hi had a call today and the number is associated with Moneyboat why would they be calling this close to the court hearing? Any ideas welcomed    Thanks G
    • Hello   In my view  a self imposed bankruptcy is not necessary.   Your friend just has to accept the situation he is in and set things up to deal with it.   I think that by following a plan off filing everything, saying nothing and letting the Creditors do all the work he will come out of it in the end.   He may need to get his girlfriend on board but once he understands what these creditors can (and cannot do) it may well become less of a worry and more of a sport!   In post #8 you asked for the stages of collection so based on my experience since 2006 I will give you the various stages and make some other comments:   You fail to meet a payment date:- the creditor writes a reminder letter You ignore the letter, they send another letter and possibly emails, SMS and phone calls, all of which are ignored. The cycle continues for a period of time with a number of letters arriving from the creditor. Sometimes the case will be handed off to a Debt collector for a time which is nothing more than a company set up to make phone calls and write automatic letters. They have no power and can be ignored. At some point the creditor will issue a Default notice. This is legally important to the Creditor (but not necessarily important to your friend as it is required by the consumer credit act before any other action is taken. It will give a date by which you must do something usually to pay the arrears. If you don’t pay the arrears then you are in Default and they can go to the next stage. After a period of some months account closure usually follows. It is unlikely the Creditor will take legal action. After a period of time where you continue to get periodic letters and communications from various debt collectors the debt is sold typically for 10p to 15p in the £ to a Debt buyer. This might take six months or as much as a couple of years. You receive a “goodbye” letter from the creditor which says it has sold the debt to the buyer. You receive a “hullo” letter from the debt buyer which tells you that I now owns the debt. Sometimes the above two are in the same envelope.   The debt buyer will start out very friendly but will then get more aggressive. Even at this stage it is best to ignore them. They will sometimes offer you an amount less than the full value to get a quick profit from their purchase. You might want to take advantage of it but I take the view that if they had a strong case to get everything why would they settle for less? They know they have a weak claim when you get this kind of letter. At some point they will do an assessment on you to decide if it is worth taking court action. The bigger the debt the more likely it is, also if you are seen to have assets such as a property or shares. They will start by instructing a solicitor to send a Letter Before Action. This states what they think you owe them and gives you a set amount of time to pay it or respond with payment proposals. It may be wise to respond at this point but best to refer it to this forum for proper advice on what to do. After you fail to respond to the above they will pay a court fee and issue a County court Claim. You will receive a claim pack from the court with a number of sheets of paper; the claim itself, an acknowledgment of service, a defence form. The claim is usually created on line with the solicitor typing in the details. The Court then automatically prints and sends the claim pack. As a result it will not have any supporting documents such as original agreements, statements or anything else. IMPORTANT: this is the first document you absolutely must respond to. First thing to do is find the paper that says acknowledgment of service and send it back. This gives you 28 days to respond instead of 14. If you don't do this or immediately defend then after 14 days you will automatically loose. After this you are into the world of defending the claim which is usually very defend-able as the Solicitor has in all likelihood not provided you with any documents. This is because neither he nor his client have any and they will have to go back to the original lender to get any and very likely they will not get them. (In my own experience I helped a friend by writing to ten creditors asking for copies of the original agreement and not one came up with anything). It is possible you could loose the case in which case you still owe the money and are not much worse of than before because the creditor still has to collect it and without assets it will take a long time to pay off.   Overall, though I don’t think it is a great idea to be in debt, given the extent to which your friend is buried my advice is to consider the old adage “If you owe a tenner it is your problem, if you owe Ten thousand it is their problem”.   To that extent I would follow this plan:   Save all correspondence including the envelopes they arrived in. Do it in chronological order and have separate folders for each debt. As a rule, ignore everything unless it comes from a solicitor or the Court. I cannot stress this enough. Be a black hole into which letters, emails, texts and phone calls disappear, never to be answered, replied to or spoken to in any way. Some people just cannot shut up! Make sure your friend does! The exception is if your friend changes address in which case write to every creditor (or debt buyer that has bought the debt) and advise of change of address WITHOUT signing the letter as such, just type the name at the bottom.   (This is so they don't send court documents to the old address). In most if not all cases that will be it. Just keep filing until six years have passed or five in Scotland. This is because after that time the debt becomes statute barred and the courts will not consider it as it has become too old. (The statue barred date begins 14 days after the date of the Default notice mentioned above and six years after that it is all over for court action). In one or two cases a Court Claim may be made in which case defend it which is a whole other ball game but basically ask them for proof of the debt which they very likely cannot provide, if they can provide challenge it's enforceability,  mostly it's game over for them.   Your friend can start to get on with his life if he follows this plan and learns to accept that these debts are not necessarily the millstone he thinks. He can live within his means and have a good and fun life which is what he deserves. The original creditors have accepted some money from the debt buyer so presumably are happy and the debt buyer will make a profit across the whole bunch of debts he bought even if he makes nothing from your friend so he is happy. If nether of them are happy then they should not have got themselves into the situation in the first place.   As always I finish my comments by saying I am not a legal professional just a guy that got into to trouble in 2006 and learned a lot of this stuff along the way.   I welcome any comments from other CAGers, particularly if they spot any mistakes.
    • There were 1,348 company insolvencies recorded in August 2021 in England and Wales, according to the latest figures published by the Insolvency ServiceView the full article
    • Do not appeal. Please can you complete the questions below. If their NTK is wrong they cannot transfer the liability to pay from the driver to the keeper. If they do not know the name of the driver then they are stuck. No-one to claim the money from. In any event most of the roads on the airport  either come under the Road Traffic Act or the airport Byelaws. if they do then not even the driver is liable since Apcoa has no right to issue tickets for either of those type of roads. But they still do and people still pay them.     
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FrenchvCabot


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I have an ogoing concern that Cabot have sold on two of my outstanding debts to other debt collection agencies.

1) £750 Halifax account to ECI

2) £2366 M&S Personal Loan (01/2001) to Ruthbridge

 

ECI have accepted monthly payments of £20 per month after recieving a statement of means, this was before I discovered this website.

 

Ruthbridge have telephone me and sent me a letter threatening that i make full payment of the debt or they will start legal proceedings. I wrote to them requesting a CCA sent the fee and they refuse to send me the docuements. They telephoned me saying that it would take too long to send the docuements and that they would be informing there client to pettion me for bankruptcy with 21 days. they also said they would accept a reduced payment of £1799.00 within 7 days who has that cash available certainly not a single parent? I found the lady who phoned me rude and abusive and unreasonable they are not willing to accept installments to settle the debt as they say they have been advised to collect full payment. I do not want to go bankrupt as I feel this will jeopardise my future for myself and my son.

 

HELP!!!

 

what shall i do know? should i contact Cabot directly and ask them for the CCA or should I be dealing with Ruthbridge.

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Hi French

 

Reading your thread I think like most DCA's they are just trying scare tactics and I wouldn't worry to much about bankrupcy, after all they want thier money and going down that route they are unlikely to get it or at least be close to the bottom of the OR's list.

 

Ruthbridge have already admitted that it would take to long for them to supply the details and CCA only gives them 12 days to reply so it's a failry safe bet that they wont meet that time limit which then makes the debt in default & unenforceable so i would write telling them just that and remind them that they haven't yet provided the details of your first request and until such times as they do you consider this debt to be in dispute. The onus is on them then to answer the CCA and supply you with an copy of the original agreement, if they can't then who says the debt even exists?. After 30 days with no response and they are commiting a criminal offence to pursue the debt without a court order

 

I'm sure others here will give you much more sound advice but i hope my pennies worth helps :)

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From what i have read thats a common ploy by them although they know full well what the money is for. I wouldnt send any more money but just remind them what the original pound was for under s 78(1) of the CCA. I would also insist that they do not misappropriate your money when it was made perfectly clear what the original £1 was for

 

I would also tell them that you do not aknowledge this debt and the original pound was the for the statutory fee and NOT to be used as aknowledgement of the debt

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Cabot won't have sold the debt to these clowns. Cabot tend only to get other idiots in with even less scruples than they have when they know there is little or no chance of being able to collect themselves. They try (but fail, oh so often) to appear squeaky clean themselves. So they let others do the really dirty stuff for them. As you have found.

 

Is the M&S one FROM 2001, or is that when you were defaulted? Have you made any payment to that one, or acknowledged it in writing SINCE Jan 2001? It is very likely statute barred, and Cabot KNOW they shouldn't even try to collect if it is, hence a last ditch attempt with eedjits like Ruthbridge.

 

If it IS statute barred (6 years in England, 5 years in Scotland), I'd tend to write to them telling them it is, you know it is, and you'll see them in court if they are stupid enough to try.

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the M&S loan was taking out in 2000 the last letter i have from them is 19 April 2001. the first letter from ruthbridge was 17 April 2007 which i received on 19/04/07.

 

could the loan be staute barred or not?

 

one problem i have had a number of addresses since then including overseas. wont they just argue that they sent the letter but couldn't get hold of me.

 

should i be dealing with Ruthbridge (DCA), Cabot or M&S

 

 

thanks

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the M&S loan was taking out in 2000 the last letter i have from them is 19 April 2001. the first letter from ruthbridge was 17 April 2007 which i received on 19/04/07.

 

could the loan be staute barred or not?

 

one problem i have had a number of addresses since then including overseas. wont they just argue that they sent the letter but couldn't get hold of me.

 

should i be dealing with Ruthbridge (DCA), Cabot or M&S

 

 

thanks

 

 

Hello french,

 

As long as you have not made a payment or acknowledged the "alleged" debt between April '01 and April '07, then IMO it should be statute barred!!!

 

Hopefully others will confirm my thoughts!

 

 

Good luck, Jeff.

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If you are absolutely firm in your own mind that you have not made any payment, or acknowledged in writing that any debt is owed since April 2001, then get a letter off (I don't think there is a template. Something like,

 

In reply to your letter dated (whenever), you will of course be aware that the account referred to therein is barred by virtue of Limitations Act 1980.

 

That being the case, you are acting in an unlawful manner by attempting to collect the debt to which you refer. Any further communication from you attempting to enforce this debt will be construed as harassment, and I shall take appropriate legal action if you persist in this fashion.

 

I expect a letter from you confirming that neither you, nor your client will be pursuing this matter. I also require that any default, or continuation of the reporting of any defaults, be removed from the files of all credit reference agencies immediately. I suppose it would be too much to accept an apology, however I will be prepared to accept a final letter accepting the above conditions.

 

If this should not be forthcoming, I shall of course refer the matter to the relevant authorities. You therefore have 14 days to comply with this instruction from receipt of this letter, otherwise I shall without further notice commence proceedings as intimated earlier.

 

And yes, it might be an idea to S.A.R - (Subject Access Request) Cabot et al too. This often throws up interesting snippets that may be used against them.

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The Limitation Act 1980 - Section 29:

(7) Subject to subsection (6) above, a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments,but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

 

(Just in case they try to say your £1 starts the 6 years again, this will spike their guns.)

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Seahorse is as always spot on. The only thing I would add for your own peace of mind is to SAR and CCA Cabot. Just remember on every letter state that you do not acknowlegde any debt to them.

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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sent SAR to Cabot today inc £10 shall keep eye on whether they cash the cheque and the 40 day clock is ticking.

 

CCA to Ruthbridge on behalf of Cabot financial europe ltd, will be good to see what they both produce and what they reply with whether they reply at all. 30 braech 4th June 2007. then the next step.

 

any extra advice greatly appreciated. trying not to get too carried away, i think the IMO is statute barred. what is the best way to deal with this issue???;)

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  • 2 weeks later...

Check your credit files with Experian, Equifax and the other lot. If any of these companies have put info on that while refusing/ignoring/failing to provide documnetary proof any debt is owed they should be forced to remove it.

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  • 1 month later...

Hi, received letter from Halifax today through SAR request to Cabot, stating the information I have requested has been ordered and will be sent to me within 2 weeks. Halifax have decided not to charge for this information and apparantly cancelled the cheques but cabot already cashed the cheque so have to write back and ask them for the fee back.

 

I wonder what th einformation will show?

 

any advice when this information arrives what should i be looking for in particular?

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Eh???? You SAR CABOT and it's HALIFAX that have replied? So I am assuming that Cabot are trying to tell you they don't HAVE any data about you?

 

I smell bullsh1t again. If Cabot DON'T comply with your SAR, they are in serious poo. How DARE they pass the buck to Halifax. I'd write back to Halifax and thank them very kindly for providing the data, but as you never requested it from them in the first place, too damn RIGHT they won't be charging for the info.

 

Hmmmm. This could get VERY interesting.

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  • 2 weeks later...

Contacted Trading standards about Ruthbridge Limmited about week ago today I received call informing me that I need to write to OFT as they are currently investigating them, and need to give as much information as possible about my dealings with them. Possibly revoking trading licence.

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  • 1 month later...

HI,

got reply today.

 

I have received my requested docuements, a signed credit agreement and SAR.

I wrote to inform them that the debt was barred by virtue of the limitation act, they have replied by saying the period of limitation begins from the date the defalut was applied by the orginal creditor.

The last letter I have from M&S is 19 April 2001 they say it is the default date of 21 September 2001.

I have also complained to the customer assurance department concerning Ruthbridge Limited stating that I am no longer willing to communicate with Ruthbridge and will only communicate with cabot, I will not make any payments until I receive a reply, I believe it may take up to 8 weeks.

Can someone please clear up this for me.

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Post your CCA on here (take your personal details off the document) one of the experts will ascertain if it complies.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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