Credit check - avoiding detection

fermi

Ames wrote: »

Would it still be statute barred though if he's left the country and deliberately avoided the debts?

Yes.

That moving without informing the creditor of a new address can prevent the debt becoming statute barred is a fallacy that many debt collectors like to pretend is true.

To prevent a debt becoming statute barred, you would in some way need to conceal that the creditor has a 'right' to take you to court in the first place.

Simply not knowing a current address does not prevent a creditor taking legal action.

Under the Civil Procedure Rules the claim forms can be sent to the "Usual or last known residence", and a default judgement obtained.

Even if someone does something to hide the fact that a creditor has a right in the first place to take court action, even that is notoriously difficult to prove.

See this comment from a CAB debt advisor: http://forums.moneysavingexpert.com/showpost.php?p=28902817&postcount=17

DarkConvict

After much digging.

32 Postponement of limitation period in case of fraud, concealment or mistake

(1) Subject to [F1subsection (3)][F1subsections (3) and (4A)] below, where in the case of any action for which a period of limitation is prescribed by this Act, either—
(a)the action is based upon the fraud of the defendant; or
(b)any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or
(c)the action is for relief from the consequences of a mistake;

Topic - Can they chase me https://forums.moneysavingexpert.com/discussion/2440263

If you try to avoid it, then it won't go statute barred. It will go statute barred if the creditor didn't take actions to try and locate you, but if you are found to be avoiding contact on purpose it could be seen as fraud and the debt won't be barred.

fermi

DarkConvict wrote: »

If you try to avoid it, then it won't go statute barred. It will go statute barred if the creditor didn't take actions to try and locate you, but if you are found to be avoiding contact on purpose it could be seen as fraud and the debt won't be barred.

Not really correct.

Not telling someone when you move is not fraud as legally defined. Therefore any provisions that postpone the start of the limitation period in the case of fraud do not apply.

Also, not telling someone your new address doesn't effect a creditor's "right of action". The right of action remains, and is unaffected. Again, that will not stop the debt becoming statute barred.

property.advert

I am no expert but some advice here is woefully misguided. If the OP makes contact with the credit agencies and asks for his file, they will most surely report that to those who they have commercial relationships with. The GAIN will come into play and the OP could find himself in a position of being asked for repayment of his debts merely by checking whether he still owes any creditors who are not time barred.

As also posted, searching http://www.trustonline.org.uk/ will not have that impact. I have that confirmed by speaking to them myself.

I would suggest paying for a search on http://www.trustonline.org.uk/ and if there are no CCJs listed, then the OP may find the debts time barred, if there has truly been no contact for over 6 years, not just 9 years since the loans were taken out.

Someone with more knowledge can advise whether the http://www.trustonline.org.uk/ will show up CCJs which are over 6 years old and which will no longer appear on his credit file.

Elbee

property.advert wrote: »

I am no expert but some advice here is woefully misguided. If the OP makes contact with the credit agencies and asks for his file, they will most surely report that to those who they have commercial relationships with. The GAIN will come into play and the OP could find himself in a position of being asked for repayment of his debts merely by checking whether he still owes any creditors who are not time barred.

I'm not sure how asking for a credit file under your rights under DPA can alert lenders to the OP being 'available' to repay his debts. I'm pretty sure that it's not given to anyone other than the person making the request - it's information which is held on the person at the address, if there's no information then nothing will show. Information won't magically appear just because he asks for his file. I'm assuming then that the OP isn't registered to vote either then? If there's money outstanding then lenders can employ a number of ways to find someone - looking to see if they've requested a file from a CRA would be way down the list I would think. Most stuff disappears after 6 years from files - defaults, CCJ's so I'm not sure what he's being chased for. He could get his dad to get his file to see what comes up although there should only be stuff in his dad's name unless they are financially linked.
Might be interesting...
OP - how much was it and what did you spend it on? Just being darn nosey now I know but I gotta ask...

property.advert

Elbee wrote: »

property.advert wrote: »

I am no expert but some advice here is woefully misguided. If the OP makes contact with the credit agencies and asks for his file, they will most surely report that to those who they have commercial relationships with. The GAIN will come into play and the OP could find himself in a position of being asked for repayment of his debts merely by checking whether he still owes any creditors who are not time barred.

I'm not sure how asking for a credit file under your rights under DPA can alert lenders to the OP being 'available' to repay his debts. I'm pretty sure that it's not given to anyone other than the person making the request - it's information which is held on the person at the address, if there's no information then nothing will show. Information won't magically appear just because he asks for his file. I'm assuming then that the OP isn't registered to vote either then? If there's money outstanding then lenders can employ a number of ways to find someone - looking to see if they've requested a file from a CRA would be way down the list I would think. Most stuff disappears after 6 years from files - defaults, CCJ's so I'm not sure what he's being chased for. He could get his dad to get his file to see what comes up although there should only be stuff in his dad's name unless they are financially linked.
Might be interesting...
OP - how much was it and what did you spend it on? Just being darn nosey now I know but I gotta ask...

Whilst I will own up to being a conspiracy theorist, I think you need to think again. Your logic is a little naïve I'm afraid. It certainly won't happen by magic as you rightly surmise but it will alert the GAIN to the presence of someone who they are looking for, even if not overtly busy looking for.

His dad can get his dad's file, but not his file. Even that will raise the head over the parapet.

TakingControl

Just curious, if you have lived abroad for a length of time, how come you have been paying 'taxes' that have bailed out the banks?

Unless you were employed by a UK company and had your wages taxed and paid in the UK, you weren't paying any taxes at all.

Own up to your debt like we all did

Tixy

property.advert wrote: »

I am no expert but some advice here is woefully misguided. If the OP makes contact with the credit agencies and asks for his file, they will most surely report that to those who they have commercial relationships with. The GAIN will come into play and the OP could find himself in a position of being asked for repayment of his debts merely by checking whether he still owes any creditors who are not time barred.

As also posted, searching http://www.trustonline.org.uk/ will not have that impact. I have that confirmed by speaking to them myself.

I would suggest paying for a search on http://www.trustonline.org.uk/ and if there are no CCJs listed, then the OP may find the debts time barred, if there has truly been no contact for over 6 years, not just 9 years since the loans were taken out.

Someone with more knowledge can advise whether the http://www.trustonline.org.uk/ will show up CCJs which are over 6 years old and which will no longer appear on his credit file.

Nobody has recommended that he requests his credit file. Before you start suggesting people are giving woefully misguided advice it might be better to read the responses.

And the rest of your advice in relation to the registery trust website and the possibility of the debts being statute barred had already been mentioned.