Ruthbridge Limited

[WEC]

Hi Please can somebody help . I took out a loan over ten years ago and with in two years of that a got divorced. because the loan was in my name only l could not do a thing about it and as l had three small children l just could not afford to pay this debt back(if i had had the money l would of paid this debt back).I have since remarried and have a different surname, and out of the blue jusy before xmas Ruthbridge Limited are sending me threatening letters . they are giving me until the 8/01/2009 to pay £4538.82 i just dont have the money they said in there letter they are going to start bankruptcy proceedings against me , l am at my wits end my new husband knows nothing about this.The original debt was with HBOS and i live in Scotland Please please can somebody help me.

[silverfox1961]

Hi,

could you tell us how ago you made your last payment or acknowledge the debt?

[WEC]

Hi l think it was over ten years ago l feel totally ashamed

[WEC]

Hi,

could you tell us how ago you made your last payment or acknowledge the debt?

 

It was about ten years ago l think and i feel really ashamed of myself

[silverfox1961]

Don't be ashamed. We all got here through something or other. We are here to help and in your case, happily i hope.

I'm assuming you live in scotland.

If no payment or acknowledgement of debt is made in a five year period (6 years in england) then the debt is statute barred and they can't force you to pay a penny. If a court judgement has been made against you that still doesn't matter as the debt collector would have to have a damned good reason for not chasing you up before now.

I would be sending this letter

 

Dispute your liability for a debt where a creditor has not contacted you for over six years

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

 

Obviously edit this because it's targeted at the english system and send it to ruthbridge.

 

fox

[WEC]

Hi thanks l will try anything i will keep in touch thanks again

[42man]

I take it you live in Scotland....if so it is slightly different in Scottish Law...(send the letter below by recorded)

 

reproducing courtesy of Rory32

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

Mr A N Other

[silverfox1961]

42man,

I hope you (and Rory) don't mind but i'm going to rip you off!

I'll copy and paste that to my word processor and then when i think i'm going to cock it up again I'll refer to it and post correctly DOH!

 

fox

[rory32]

Perfectly allright fox. That's what it's there for

[silverfox1961]

Thanks Rory.(I knew you'd say that)

I'll give you credit(not monetary) whenever i use it

 

fox

[blueda]

Hi WEC, youve got very good advice there, so i cant add to it, however iwould like to know how your claim progresses, i would say you are on a winner, keep in touch here.

[WEC]

Thanks everyone for the advice still a bit confused and worried do l sign the letter in my old name the name that the letter is addressed to or do l sign it in my knew surname .. sorry if thats sounds silly .Thanks again

[WEC]

I take it you live in Scotland....if so it is slightly different in Scottish Law...(send the letter below by recorded)

 

reproducing courtesy of Rory32

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

Mr A N Other

 

Thanks for getting back to me l have just written the above letter out by hand as my photo copier is not working do l sign the letter with my knew surname as l remarried afew years ago or do l sign it in my old name thanks again (although still very very worried)

[rory32]

Print don't sign your name. Just use your current name.

[silverfox1961]

That's a difficult question. As they have sent it to you in your previous name you could send it back with your old name but I don't know the lagalities of doing so.

As the debt is statute barred anyway, I can't see the problem with putting your new name on it.

I'd also get a copy of your credit report if you haven't done so to make sure no new defaults haven't suddenly appeared. DCA's have a nasty habit of doing things like that.

 

fox

[WEC]

Print don't sign your name. Just use your current name.

 

Hi thanks for the quick reply l am totally bricking it (sorry) do you really think l should be giving out my knew name

[rory32]

There is no need to be bricking it. The emphasis is entirely on them to prove that any debt exists and that they have a right to collect. The Prescription and Limitation Act is very clear on the time barring of debts. Once it is time barred any obligation to pay on your behalf is extinguished. Their right to collect has been removed.

 

 

If you are more comfortable using your old name then use it instead.

[WEC]

That's a difficult question. As they have sent it to you in your previous name you could send it back with your old name but I don't know the lagalities of doing so.

As the debt is statute barred anyway, I can't see the problem with putting your new name on it.

I'd also get a copy of your credit report if you haven't done so to make sure no new defaults haven't suddenly appeared. DCA's have a nasty habit of doing things like that.

 

fox

 

I have just written out a letter but really dont understand a word l have written my next step is to post it just feel really nervous about it thanks for your help will keep all informed as to how things go .

[WEC]

There is no need to be bricking it. The emphasis is entirely on them to prove that any debt exists and that they have a right to collect. The Prescription and Limitation Act is very clear on the time barring of debts. Once it is time barred any obligation to pay on your behalf is extinguished. Their right to collect has been removed.

 

 

If you are more comfortable using your old name then use it instead.

 

Thanks sorry if am going on but l have never been in this position before and l am very scared

[rory32]

Remember to send it via recorded delivery.

 

Basically what the letter states is that if after a period of 5 years from the last acknowledgement of the debt (acknowledgement is deemed to be either by making a payment towards the account or offering a payment in writing towards the account) the creditor has not taken any court action to enforce the debt then they now can't and you have no obligation to make any payments towards the account, so they can go get stuffed.

[blueda]

WEC, there is no need to be bricking it, take it one step at a time, fear is the only tool they can use, along with folks lack of knowledge about the law. They can not arrest you, they can not send someone round to your house, they can not confiscate your belongings. DO NOT BE AFRAID OF THEM. The account is time barred, send the letter off right away. I totally agree with Rorys comments above.

[blueda]

I meant to add on the above posting,as you feel a bit on edge about them, dont talk to them on the phone, dont go and see them, you dont need to speak to them direct, if you were to be caught on the phone, dont give any passwords, ask and note down the persons name and the time of the call, Be polite and say, i dont want to speak to you, goodbye and hang up. But even better dont answer the phone to them at all, caller displays are a great tool. IF they keep phoning you can have them for harrasment. Take the advice that the platinum users are giving you on this thread.

[42man]

You'll also be pleased to know that IF they continue to harrass you after you have stated that you will no tbe paying towards a debt that is statute barred then you could take THEM to court for harrassment -

 

This is what the OFT say - Section 2.14 (b) -

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

[rory32]

Section 40 of The Administration of Justice Act 1970 does not apply to Scotland 42man.

[blueda]

Rory, is there an act in Scots law under a different name that can be applied against the creditor for harrasment ?.