Debt recovery question

CLAPTON

the reason i'm suggesting that you get copies of your credit files is to see if he is mentioned as financially linked to you which may explain why the DCA is writing to your address.

the problem with being less than truthful is that now it will look suspicious that suddenly he has received his mail via your address after saying you dont know him and returning his mail to them... but whats doen is done and its a small thing but you do need to decide whether he can be contacted there or not.

just one other point: places dont have bad credit histories only people, but sometimes you may be incorrectly linked with someone at an address.
another reason for obtaining your credit records.

JackieO42

Ok, no problem, will do. BTW, never wrote on the envelopes I didn't know him, just that he didn't reside at this address, just a little thing, but it's not an out and out lie, because he doesn't.

JackieO42

Ok, I've sent for my credit history, I have nothing to report. There's nothing on there at all.
I've spoken with my boyfriend again, and I'm not sure at this stage if he's going to take the advice of his workmate, who apparently has ("been there, done that"). His workmate's advice is to take no action at all, as he says after 6 years, it's dropped anyway. My argument with that is that the letter stated that they would go to court and garnish his wages, send bailiffs, it will go on his credit report etc. His workmate's argument is that they can't take you to court when they can't find you, the court would not find against him as they do not have proof he has been notified of any action against him. I come back with, it's not your debt, so sort it out before something like this happens again. Workmate comes back with, do you know how long that will take to prove and how much of a hassle it will be travelling back and forth, stick it out for another few months as the 6 years is up in the summer.
At this stage, I have no comeback, so if anyone has any info on the legalities surrounding this I would appreciate it.
People hide from debts all the time, then get CCJ's awarded against them. Just because they do not respond to any of the letters sent to them, all of the action still goes ahead does it not. Doesn't the court find in the favour of the creditor if no one is there to defend themselves, or am I thinking just regular cases, I know nothing about credit companies.
Any advice would be appreciated.

Debt_Free_Chick

JackieO42 wrote:

Ok, I've sent for my credit history, I have nothing to report. There's nothing on there at all.

The next thing then is for him to get his credit report and see what's on there.

I've spoken with my boyfriend again, and I'm not sure at this stage if he's going to take the advice of his workmate, who apparently has ("been there, done that"). His workmate's advice is to take no action at all, as he says after 6 years, it's dropped anyway.

This won't work on this occasion - they've already taken action within 6 years.

His workmate's argument is that they can't take you to court when they can't find you, the court would not find against him as they do not have proof he has been notified of any action against him.

That's true. But if the CC has been registered against his credit record, then a CCJ will go on that record too and could cause problems in the future. Although, he ought to be able to get it struck off as the Court summons was not served on him.

But all this seems a hulluva palava if the debt is not his in the first place - but he (or possibly you?) needs to see his credit report.

He might have been out of the Country since 2000, but that doesn't stop him running up credit card debt - so it could be his You don't necessarily need to be on the electoral roll to get a CC - many lenders will accept other proof of address.

Either way, he needs to get it sorted. Ignoring it will achieve nothing. If this is his debt, the 6 year rule won't apply as the lender has already taken action. If it's not his debt, he needs to stop any further action and get the debt removed from his credit card - and he needs to check to see if he has been the victim of identity fraud.

Can he get to the internet? If so, why not send him a link to this thread?

THE_LONE_RANGER_4

i suggest you all watch , watch dog next monday they are tackling collectors just like these companies who fish for people with the same name in the hope ofg tracking a debtor as a contributor to this epsode i suggest you all watch .

CLAPTON

several things here:

in my view i think he ought to sort this out properly but in the end its up to him. I am assuming here that he genuinely doesn't owe this debt then to aware of the following

a. if he gets his credit record from the CRA then he may awaken the dead...by this i mean that he will need to provide them with an address which will go on his file and so the debt agency may use it to contact him.

b. the statute of limitations, contrary to debt free chicks view will apply unless he acknowledges the debt or they obtain a CCJ
read this useful document
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

c. a CCJ can be recorded in his absense but it could be over turned on the basis he never received the papers.

d. personally and its only my opinion, its unlikely they will go to court. they probably send out dozens and dozens of these fishing letters to people of similar name to the debtors and hope that some are actually correct and some may panic and pay up.(just read this board it happens a lot.
They have probably bought a whole batch of debts all nearly 6 years old for pence in the pound and only need the odd one to pay up to make a profit.

Debt_Free_Chick

CLAPTON wrote:

b. the statute of limitations, contrary to debt free chicks view will apply unless he acknowledges the debt or they obtain a CCJ
read this useful document
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Agree - except that they are going for the CCJ and it looks like that will be within the 6 year period. Oh - but the CCJ won't be valid, will it, as the Court summons won't have been served on him ......

Re the credit record ... I can't remember .... do you have to supply a current address to get one online? Could he not put his g/f's address in, simply to get the report?

My main concern is one of identity theft - but it's not beyond possibility that this is, actually, his debt :rolleyes:

JackieO42

I'll forward all of your advice and see what happens. I'll also be watching watchdog, thanks.

debt23

Hi,

Hmmm...... must say this one takes some thinking about!

First off, I cant work out how they have linked him to your address? Have you got any ideas on this.

You said you had recently moved, so this would not have been his address when the credit card was taken out, so how have they made the link?

Now, If he truly does not owe this debt, why all the problem with not fighting it?

I mean, you can write to the credit company and tell them all this, I cant see that you have anything to hide, if he does not owe it!

Im suspicious (but easily dupped) by nature. Why is he getting all this advice from his friend about avoiding the debt if he does not owe it?

And further, although Im not saying this is relevant, will him picking up a CCJ have any effect on his applying for citizenship?

I now you have to be 'of good character', I've got 7 CCJ's, but still feel Im a good character, but there you go!

You might want to mention this to get him moving about it.

I apologise for the following comment - I am a stranger looking in with limited knowledge, but it looks to me like he needs a swift kick up the bottom and needs to take responsibility for this problem rather that leaving you with it !!!

Anyway, Im sure this will all work out ok for you in the end.

All the very best

Debt23