cabot threatning bankrupcy order

[redbryn1]

hi all i've had a letter from a DCA acting on behalf of cabot stating that i owe £3040 on an associates credit card which was started in 2000 and last payment made in 2002.I've phoned them and they said unless the debt is cleared within seven days someone will be calling to serve a court order to either start bankrupcy procedures and/or to take goods from my home obviously this is a worry as i'm already in a debt managment program with payplan and i've checked my credit file with equifax and it dosent appear there just when i thought i was getting on my feet........... anyway any advice would be nice thanks Bryn

[sequenci]

who is the debt collector? are you in mortgaged or rented accomodation?

[redbryn1]

the DCA is ruthbridge limited and i'm in a rented council house

[Mum7]

phone up cabot and offer to pay them a monthly amount you can afford, thats what i did - i pay 35 per month and the debt was originally 2000. as long as you are willing to pay, should be fine, we also had a debt of 4000 and some years later, Aktiv capital said they bought the company and we offered them a monthly amount of what we could afford and thats how we pay them back, hope it helps

[rory32]

When in 2002 did you last pay this debt? What country do you live in?

 

Do NOT phone debt collectors. Ensure that all communication is in writing. Phone calls can be denied.

[nevos]

subscribing...

[Josie8]

I assume no ccj or would have shown on your credit file.

 

If you live in scotland & last previous contact for debt 5 yrs or more then its unenforceable.

 

If above isn't the case send a cca request with po for 1.00. If no true copy of executed agreement (not an application form ) arrives within 12 working days the debt is unenforceable till it is produced & after a further 30 days enforceable with court.

 

Quite likely given age of debt that either no agreement will be produced or an incomplete one will be . In which case agreement invalid

[sequenci]

ruthbridge are renowned for sending statutory declarations to people without actually going for bankruptcy. as you live in rented accomodation i can almost guarantee they have sent it purely as a punitive measure, it is highly doubtful they will actually petition to make you bankrupt.

[Josie8]

ruthbridge are renowned for sending statutory declarations to people without actually going for bankruptcy. as you live in rented accomodation i can almost guarantee they have sent it purely as a punitive measure, it is highly doubtful they will actually petition to make you bankrupt.

 

 

Yes they would have to pay £1000 at least for the privilege

[nevos]

I didnt think they could go for bankrupcy under 8K and it costs them £850 but, I may be wrong on this.

[PKea]

hi all i've had a letter from a DCA acting on behalf of cabot stating that i owe £3040 on an associates credit card which was started in 2000 and last payment made in 2002.I've phoned them and they said unless the debt is cleared within seven days someone will be calling to serve a court order to either start bankrupcy procedures and/or to take goods from my home obviously this is a worry as i'm already in a debt managment program with payplan and i've checked my credit file with equifax and it dosent appear there just when i thought i was getting on my feet........... anyway any advice would be nice thanks Bryn

 

Were they included in your payplan agreement?

Personally I would send a cca request to them.

I think they are just hoping to get lucky and get money from you before the 6 year limit is up.

DONT speak to them, ONLY write and ALWAYS refer to it as the ALLEDGED DEBT

 

Paul

[tomterm8]

I didnt think they could go for bankrupcy under 8K and it costs them £850 but, I may be wrong on this.

 

they can apply for bankruptcy for any debt over 750; there is no guarantee a court would grant it (generally, a court will do everything in its power NOT to grant an involuntary bankruptcy). In practice, they would have to get a CCJ, pay all the bankruptcy charges etc and use a soliciter; i estimate the costs to be around £1,100.

[ODC]

Never TELEPHONE a debt collector. Do as most folk on here advise. Send them a CCA letter and see what proof they come up with. The Threat letter you recieved is just that. They have no rights to come to your door. Its highly unlikely that they would even have the evidence to take you to court let alone petition for bankruptcy. They are lowest of the low and love to bully.

[redbryn1]

thanks for all your replies the debt is not in my payplan arrangement i just got a letter out of the blue to be honest after a messy split from my ex partner i'd completly forgotten about it. as regards your advice my CCA is written up and will be sent tomorrow recorded delivery.I presume it's a 12 working day wait for a reply containing the CCA and another 30 day wait before the debt becomes unenforcable?

[rory32]

The debt becomes unenforceable after the 12 working days. After this time you can withhold all payment until a true copy of the agreement is produced.

[redbryn1]

hi all got a second letter today headed 'without predjudice' saying 'despite many attempts to contact you by telephone/letter you have totally ignored all our efforts to rsolve this matter' this is untrue as i have received no telephone calls from them and i did phone them on receipt of the first letter.

anyway basically it goes on to say 'we are now advising our client to commence bankruptcy proceedings. i would be required to attend a personal hearing in which the court may have the power to administer a bankruptcy order this order then enables the offficial receivers office to gain possesion and control of any goods and property'

it then goes on to say this would be advertised in the london gazette and local paper and any monies gained from the seizure of assets would be distributed to preferential crediters such as the inland revenue? and any others holding a secure debt.any shortfall in monies would be recovered with an attachment to your income.

if i do not cooperate fully i may be declared bankrupt.

yors sincerely

jason evans (phd a.r.s.e)

[nevos]

Thanks tomerm8.

 

They sometimes use statutory demands to frighten people after 21 days they can petition for bankruptcy. A pal of mine got one and applied to the court to have it set aside on the grounds they had not provided details of the debt and payments properly also the CCA was not complied with.

[Josie8]

hi all got a second letter today headed 'without predjudice' saying 'despite many attempts to contact you by telephone/letter you have totally ignored all our efforts to rsolve this matter' this is untrue as i have received no telephone calls from them and i did phone them on receipt of the first letter.

anyway basically it goes on to say 'we are now advising our client to commence bankruptcy proceedings. i would be required to attend a personal hearing in which the court may have the power to administer a bankruptcy order this order then enables the offficial receivers office to gain possesion and control of any goods and property'

it then goes on to say this would be advertised in the london gazette and local paper and any monies gained from the seizure of assets would be distributed to preferential crediters such as the inland revenue? and any others holding a secure debt.any shortfall in monies would be recovered with an attachment to your income.

if i do not cooperate fully i may be declared bankrupt.

yors sincerely

jason evans (phd a.r.s.e)

 

 

Have you sent CCA off yet?

 

As to Bankruptcy its going to cost them at least 1000 to file and they don't know how much you owe secured creditors do they or the likes of the revenue.................so guess its a lot of money for them to expend in the hope they might get a few bob back

[ODC]

hi all got a second letter today headed 'without predjudice' saying 'despite many attempts to contact you by telephone/letter you have totally ignored all our efforts to rsolve this matter' this is untrue as i have received no telephone calls from them and i did phone them on receipt of the first letter.

anyway basically it goes on to say 'we are now advising our client to commence bankruptcy proceedings. i would be required to attend a personal hearing in which the court may have the power to administer a bankruptcy order this order then enables the offficial receivers office to gain possesion and control of any goods and property'

it then goes on to say this would be advertised in the london gazette and local paper and any monies gained from the seizure of assets would be distributed to preferential crediters such as the inland revenue? and any others holding a secure debt.any shortfall in monies would be recovered with an attachment to your income.

if i do not cooperate fully i may be declared bankrupt.

yors sincerely

jason evans (phd a.r.s.e)

The reason they put without prdjudice at the top is to stop you using this letter is to prevent you using it ibn court.

 

Simple reply

 

Dear Ar*****e

 

As you are doubtless aware you have failed to supply any proof that this debt actually exists or you or any company you claim to represent has the authority to deal with me. Please comply with my LEGAL request under S77-79 of the CCA 1974. Whilst you are doing that please also send me details of you company's Official complaints procedure. Unless I receive the documentation requested you have failed to prove the debt which as far as I have been advised is an absolute defence to any attempted litigation you may envisage. Doubtless you are aware of your LEGAL obligations under the CCA, and the Administration of Justice Acts. I am. Please note that any action taken by you will be strenuously contested.

 

yours faithfully

 

Bryn (and my 10000 mates in CAG)

[redbryn1]

CCA is in the post but in the mean time my heart goes out to all the people who get this crap through their letterbox because it got me worried nice to know you can fight it with the help of you guys thanks a million

[powelll]

Subscribing... stick to your guns, CCA them and double check if it's been 6 yrs since payment or written acknowledgement of the debt ( and no CCJ ). If over 6 years is stat. barred and you cannot be pursued. Link below on this. If it isn't stat. barred and they do comply with CCA ( a bit of a stretch I know ) and you feel the debt is payable then you could try asking PayPlan to include it in your DMP.

 

BEST OF LUCK

 

National Debtline England & Wales | Debt Advice | Factsheet 25 Liability For Debts And The Limitation Act

[ODC]

CCA is in the post but in the mean time my heart goes out to all the people who get this crap through their letterbox because it got me worried nice to know you can fight it with the help of you guys thanks a million

Bryn we have ALL been subjected to various lie and threats from these people. With the strength of CAG behind you you are not alone. They will soon realise people dont scare that easily now. and know their rights

Stick with them and YOU WILL beat them

[Jeff2000]

The reason they put without prejudice at the top is to stop you using this letter is to prevent you using it in court.

 

 

 

 

 

Hi,

 

 

But it should be included in any complaint you may wish to make to TS, OFT etc, in the future!

 

 

Jeff.

[tomterm8]

The reason they put without prdjudice at the top is to stop you using this letter is to prevent you using it ibn court.

 

That might be their intention; however, If you were to state that Cabot had stated they intended to start bankruptcy proceedings in court, this letter could be used in evidence if cabot were to say they had never threatened this.

 

Cabot are idjits.

[ODC]

That might be their intention; however, If you were to state that Cabot had stated they intended to start bankruptcy proceedings in court, this letter could be used in evidence if cabot were to say they had never threatened this.

 

Cabot are idjits.

Quite right I'm sure any sensible judge would permit its production in the case where you allege threats by Crapbot

 

Without prejudice

 

Definition

The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court.

 

 

Crapbot should really have put ''Without Principle'' or ''Without A Paddle''