FrenchvCabot

[frenchgg123]

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.

[shieldblaster]

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

[frenchgg123]

thanks,

 

they have cashed my £1 as part payment against the debt do i in my next letter tell them that it was not intended for this or do i send a new payment.

[shieldblaster]

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

[Jeff2000]

Hello french,

 

 

Also, from now on only deal with them in writing! No more phone calls.

 

Send everything recorded delivery!

 

 

Best wishes, Jeff.

[Seahorse]

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.

[frenchgg123]

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

[Jeff2000]

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.

[frenchgg123]

Shoul I send SAR, or CCA request to Cabot.

 

Should i write informing them that the loan is statute barred is there any template that can help me with this.

 

any help with this matter.

[Seahorse]

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.

[Seahorse]

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.)

[tbern123]

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.

[frenchgg123]

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???

[Seahorse]

Letter as above.

[frenchgg123]

Cabot have cashed cheque £10 but as yet not produced docuements.

[Jeff2000]

Hello frenchgg123,

 

 

The clock is now ticking!

 

Just sit back, relax, and wait for the 40 days to have passed!

 

Let's see what they produce!

 

 

Regards, Jeff.

[NailPost]

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.

[frenchgg123]

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?

[Seahorse]

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.

[frenchgg123]

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.

[Seahorse]

Woohoo!!!!!!

[frenchgg123]

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.

[42man]

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

[Seahorse]

Default date of 21 September means they only have 18 days to get this through court. Not a chance in hell.

[frenchgg123]

Link to copy of CCA from M&S.

 

I hope it works first time I have set it up.