MBNA credit card debt

[wat]

Hi
Please adv.
Re a credit card debt with MBNA some time back.
This debt was passed on tn Cabbot F, When the debt was pursued, sent a cca letter requesting copy of agreements etc
After the the time limit has lapsed for replying and after an otherspell they wrote back and said "the debt is un enforceble but remains owed and asked to pay back"
This was last year.I did not reply.
They wrot back last week and said thay have transfered the account to RUTHLEDGE LTD .
Ruthledge wrote and said they are now taking steps to collect the debt and looking for settlementof the debt.

As cabbothad said the debt was un enforceble should it not apply for any other DCA s.
Should I again be sending CCA letters to them or wht should I do.
Please help.
Many Thanks
WAT
11/03/2019

[Amethyst]

Ruthbridge seem to get the dregs that Cabot have been unable to collect.

Any idea when the debt defaulted / was last paid towards ?

[wat]

Ruthbridge seem to get the dregs that Cabot have been unable to collect.

Any idea when the debt defaulted / was last paid towards ?

Thank you
The default was less than 6 years/
cannot exactly remember when last paid
Definitely not recent -sure a good few years back.
Could Ruthledge start all over again like cabbot F
Many Thanks,

[Amethyst]

It should be Ruthbridge - I haven't heard of Ruthledge ?

Ruthbridge tend to just send chasing letters asking you to pay, usually with big red writing, but it'd go back to Cabot - or to their solicitors if they were going to take action.

Your last contact with Cabot was following your CCA request ""the debt is un enforceble but remains owed and asked to pay back" - so that is still the case unless you receive a copy of the agreement from Cabot. You can ignore Ruthbridge or you can reply to them stating that you do not acknowledge any debt, that Cabot are in default of their obligations under the CCA request and to cease contacting you.

[wat]

It should be Ruthbridge - I haven't heard of Ruthledge ?

Ruthbridge tend to just send chasing letters asking you to pay, usually with big red writing, but it'd go back to Cabot - or to their solicitors if they were going to take action.

Your last contact with Cabot was following your CCA request ""the debt is un enforceble but remains owed and asked to pay back" - so that is still the case unless you receive a copy of the agreement from Cabot. You can ignore Ruthbridge or you can reply to them stating that you do not acknowledge any debt, that Cabot are in default of their obligations under the CCA request and to cease contacting you.

Thank you again.

The letter says RUTHBRIDGE tel 02088142299 www.ruthbridge.com

Is there a standard letter or a template in your site or recommend one please
13/03/2019

[Amethyst]

Only need something simple like....

your address

date

their address

Dear Ruthbridge

Ref: xxxxxxxxxxxxxxxx

Thank you for your letter dated xx/xx/2019 in which you inform me you will be taking steps towards obtaining settlement of the debt alleged to be owed to Cabot.

Firstly, I do not acknowlege any debt to your company or to Cabot.

Secondly, Cabot continue to be in default of a formal request made pursuant to s.77/78 of the Consumer Credit Act 1974, a fact of which they are fully aware, as they have previously written to me to acknowledge that any debt is unenforceable. I am somewhat perplexed that they have chosen to pass the debt over to yourselves and whilst non-compliance with my request continues I respectfully request that the account remains on hold and any intended collection activity ceases immediately.

Kind regards

xxxxx

[wat]

Only need something simple like....

your address

date

their address

Dear Ruthbridge

Ref: xxxxxxxxxxxxxxxx

Thank you for your letter dated xx/xx/2019 in which you inform me you will be taking steps towards obtaining settlement of the debt alleged to be owed to Cabot.

Firstly, I do not acknowlege any debt to your company or to Cabot.

Secondly, Cabot continue to be in default of a formal request made pursuant to s.77/78 of the Consumer Credit Act 1974, a fact of which they are fully aware, as they have previously written to me to acknowledge that any debt is unenforceable. I am somewhat perplexed that they have chosen to pass the debt over to yourselves and whilst non-compliance with my request continues I respectfully request that the account remains on hold and any intended collection activity ceases immediately.

Kind regards

xxxxx

Sir,
Thank you for the letter requested and for the prompt response.
Kind Regards.
Wat

[Amethyst]

No probs, let us know when / if you hear back XX

[wat]

No probs, let us know when / if you hear back XX

Hi Dear Amethyst,

I have sent a letter by Recordred delivery first class as per above to Ruthbridge.

They may still not have received my letter as I have been informed by them that Rurthbridge are prepared to give
a discount of 70% and the payment must be received by 23/03/2019 in their offices. "The payment would be accepted
in settlement of your liability and also that you are not persued for the remaining balance at any point, by us or by our client ". Also wrote " if you fail to contact us to discuss this offer or reasons why you are unable to pay we may return the account to our client,who may look at alternative activity."

If the payment is made they will update the credit file as partially settled. Does it sound as if they are unable to take any action.

Please advice as to what my next step would be.
Kind Regards,
WAT

[Amethyst]

I accepted a couple of 70% offers to help get my credit file in a fit state for a mortgage app and the debts out of my hair. Entirely up to you. The debt isn't statute barred and seems you'd be defending solely on non compliance with cca request which is rectifiable.

[wat]

I accepted a couple of 70% offers to help get my credit file in a fit state for a mortgage app and the debts out of my hair. Entirely up to you. The debt isn't statute barred and seems you'd be defending solely on non compliance with cca request which is rectifiable.

Thank you for the reply and sorry you had to settle for 70 percent offers to have a clear creit file.
But if I am not interested in getting any credit and the credit file may not have any significance for me at present..I already have a bad credit rating Please correct me if I am wrong.
On this credit card debt the default date was 31/08/2011 which I was not sure of.
Does this make any difference.

Any advice is greately appreciated
Best Regards
WA

[Amethyst]

Well 2011 is well over 6 years ( you'd said it was less than 6 years previously) so if you didn't make any payments after default it should be statute barred. Have ruthbridge or Cabot now told you the default date ? Does it actually still show on your credit file at all ?

( my settlements were a 70% discount and they were well within 6 years and completely valid so I was quite happy with that )

[wat]

Well 2011 is well over 6 years ( you'd said it was less than 6 years previously) so if you didn't make any payments after default it should be statute barred. Have ruthbridge or Cabot now told you the default date ? Does it actually still show on your credit file at all ?

( my settlements were a 70% discount and they were well within 6 years and completely valid so I was quite happy with that )

Thank you again.

Ruthbridge or Cabot has not confirmed thr default date. as 31/8/11

Some time back when I checked my credit report Hillsdon Securitied had the default date as 31/08/11.
I can not see this any more now but I did make a copy of the detail.
Sorry I could not give this information on my earlier communication.
So I think it is statute barred.
Please do confirm if it is ok to ignore any further requests for payments.
Cabot had confirmed on previous correspondence that the debt is unenforceable
Thank you and looking forward to your comments please.
Best Regards.
WAT.

[Amethyst]

You can tell Ruthbridge that it is statute barred and to stop contacting you - https://legalbeagles.info/forums/for...ed-debt-letter

no point settling to have it marked as satisfied if it's statute barred and already fallen off your credit file.

They could still try court action in the hope you'd ignore and they'd get a default judgment but you can simply defend on the statute barred grounds ( assuming you are right on the default date and haven't paid anything or acknowledged since )

so yes id say you were safe to ignore after sending the the stat barred letter.

[wat]

You can tell Ruthbridge that it is statute barred and to stop contacting you - https://legalbeagles.info/forums/for...ed-debt-letter

no point settling to have it marked as satisfied if it's statute barred and already fallen off your credit file.

They could still try court action in the hope you'd ignore and they'd get a default judgment but you can simply defend on the statute barred grounds ( assuming you are right on the default date and haven't paid anything or acknowledged since )

so yes id say you were safe to ignore after sending the the stat barred letter.

Thank you for your reply.
It is greatelyappreciated.
Thank you/
Kind Regards,
WAT