In that case (the above letter) - then 'bring it on' ....If they think they are so right and an application form satisfies an CCA request then suggest they take it to court and see what a judge says. (er, why do you think they cover up the 'application form' thing with a white sticker?) I have the same thing going on with Cabot - they sent me an application form when I CCA'd them...and despite all sorts of threats, everything's as it was when I first CCA'd them...that being in 2007

Well, as the old saying goes...No CCA, no payment ;-) ...Have you requested the OA from Cabot? It appears from one the the documents that Cabot have replied to this point, because they've carried out their normal proceedure and sent you (what looks like) an Application Form. Write to them and remind them of the facts about not being able to produce a valid agreement - which includes removing any defaults registered with the CRA's.

Oh I don't doubt that - but by setting up a new agreement, it also makes it fail safe for A & L in resepct of an old agreement being unenforcable. Don't think I'm being synical, I just wouldn't put it past any loan company to do this....after all, it's been done before.

Just thought I'd pop in and give my 2p's worth There is always a period of non-payment (3 months or more) before a company will default an account, and prior to that there are normally a warning or two that this will happen. Have you actually spoken to your son to get the 'truth' from him about it? How long has it been since he has paid etc? You'll need to look at the T & C's of this loan if you've acted as his guarantor. I suspect it says somewhere within those T & C's that you (as well as your son) will be defaulted if the loan isn't paid. After all, you've effectively said you'll pay the loan back if he doesn't. It's usually a nightmare to get defaults removed, banks and loan companies are much more clued up these days in respect of issuing them. Unfortunately, ignorance is no defence against such things. The best thing to do would be to get the account up to date as soon as possible and go from there.

I neededd a good belly laugh , glad I read this thread because I it gave me what I needed! Gotta be the worst default notice I've ever seen - what an utter load of tosh! hahaha

Hi Quick scan through this thread and it tels me one thing- Statute barred.. The moment I read Ruthbridge were involved told me that - I haven't read all the thread to be honest but I'm a Cabot veteran and I've never known Ruthbridge to be involved (with a Cabot debt) unless it is Statute Barred.

Um...A new agreement to sign?? Is this just a clever trick of paying out a few quid to people for 'mis-sold' PPI (even if it wasn't) but at the same time, getting a new agreement signed because the old one was unenforceable?

Doorstep collection indeed ;-) Lol - this play on words reminds me a little of a Black Adder sketch....The one with Prince Regent wants to marry Amy...Black Adder goes to Amy's Dad and says: "The Prince wants your Daughter for his wife" and Amy's Dad replies; "Well his wife cant have her!"

I don't know what else to suggest..sorry.... You have all the evidence you need to prove they have no legal right to get this CCJ, yet the judge still lets them have it???!! I'm wondering if there's anything more you can do - short of hiring yourself a solicitor/barrister. Have you tried PMing one of the Mods to see if they can shed any more light?

Sounds like it's statute barred anyway - no contact at all for 7 years? Nuff said...can you confirm that's definately the case? And no, making a payment doesn't restart the debt- Once statute barred, always statute barred.

If you've made a reasonable offer in respect of your income, then I suggest you invite this crowd to take it to court. Make sure you send them a letter reaffirming your offer (send it recorded) with your invite to them to take it to court. No judge in the land will make you pay any more than you can afford and it's likely it'll be less than your monthly offer anyway. Don't be intimidated by this bunch, stick to your guns. See if they have the balls to go through with their threats - unlikely. The judge will be very ****ed off at them if you've made a reasonable offer and they've refused it and taken into his/her courtroom.

What court was it and do you have Judges name? you can PM the answer if you want

Did Cabot win the initial CCJ by default? + Which court and Judge?

Yep, and that's Ruthbridge all over.

Once a debt is statute barred - it stays that way, even if you make another payment. As I said, when Ruthbridge are involved the debt is normally statute barred- they are total bottom feeders of the worst kind...If this woman rings again, you don't have to talk to her...even by telling her you're recording the call, it will probably prompt her to hang up. Stop worrying ok? You're in the right place now and you'll be sleeping much sounder as from tonight!

STOP!!!!!!! Don't do a thing-- Ruthbridge are the worst DCA out there and all of their threats are empty ones. Legally they can't do any of those things they threaten and they won't either...I can promise you that. If Ruthbridge are involved I suspect the debt might be statute barred anyway....how old is the debt and who was it with? Don't pay a penny more toward this alleged debt. Instead you'll need to send Ruthbridge a CCA, a "Don't ring us any more" letter, a tort of trespass letter and (hopefully) a Statute Barred letter.

Won't be long until you get a reply - they'll send you the £1 back and say they are not oblidged to do this for you - but as a nice gesture they'll ask the OC to do it.

With the Credit Cards, are there any unlawful charges on them?

For a debt to be statute barred, there has to have been no payment or no written acknowledgment of the debt for 6 years...Is that the case with your debt? First things first, if the debt is not statute barred, you'll have to send MH a CCA request.

David, there doesn't 'need' to be a contract between you and RED. DCA's do have the right to buy a debt and collect on it. However, there does need to be a valid agreement, by sending them a CCA request you are asking them for just that - a valid agreement. If they don't have one, they have no powers to collect anything.

If you've made them an offer and they've refused and then take it to court (unlikely), the judge will not smile upon them. You've done the right thing, let's see if they have the bal*s to take it to court...

You need to write to Equifax etc and let them know of the above and demand the entry be deleted.

I could be wrong but I think there are different 'rules' re old utility bills. Something about the amount of time they have to be collected within - much less than 6 years, but don't quote me on that.

That depends if you're that way inclined toward DCA s lol

Send something like this: I DO NOT ACKNOWLEDGE ANY DEBT TO YOU COMPANY Account#: Dear Sir/Madam I recently contacted your company stating your fulfilment of my CCA request to be unacceptable. Therefore, I note with interest your continued attempts to collect this alleged debt. It is not my duty to remind you what constitutes a valid agreement, as a professional organisation you should be aware of this. However, it appears someone in your collections department has not been trained adequately and continues to demand monies unlawfully. In light of the above, if you continue to demand monies from me I will regard it as harassment and will report you to the relevant authorities. I suggest you send me an agreement which fully complies with the Consumer Credit Act. If no such agreement exists then I demand you close this account and cease from any further collection attempts. Yours xxxxxxxxxxx