Bailiffs turning up for people that used to live here

fermi

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#IDAKT0HC

Many debt collectors/creditors do abuse the procedure rules to do just that. See that quite frequently on these boards.

That is why there are set aside procedure in place. As you have described.

I know the system is crap. But that is what there is.

ValHaller

michael1983l wrote: »

.... EDIT. Just found that a CCJ can be issued but if it was served to an old address and you have good grounds to contest the claim or that the claim amount is incorrect then you can apply to have the CCJ set aside by the courts.

The key concept is 'good grounds'. So if you updated your address with the creditors and the did the CCJ to the old address, you would have good grounds. But if you took out credit to an address after you moved out - as in OP's case, you would not have clean hands and would almost certainly not overturn a CCJ

michael1983l

ValHaller wrote: »

The key concept is 'good grounds'. So if you updated your address with the creditors and the did the CCJ to the old address, you would have good grounds. But if you took out credit to an address after you moved out - as in OP's case, you would not have clean hands and would almost certainly not overturn a CCJ

Surely you still could do though if they have claimed for more than the debt is. I read somewhere that for a county court claim, it should be for the outstanding balance of the loan plus one months interest, then they can add statutary interest on top of that?

hilstep2000

I have had this with my cousin yusing my address. He has never lived here. I keep telling the debt collectors that, yesterday I had them phone me again. I'm afraid the guy on the phone got the full blast from me!
I have now decided to ignore them.

ValHaller

michael1983l wrote: »

Surely you still could do though if they have claimed for more than the debt is.

In this case, assuming you have given your correct address, you defend the case before a CCJ is given

michael1983l

ValHaller wrote: »

In this case, assuming you have given your correct address, you defend the case before a CCJ is given

Yes I understand that but what I am saying is that if you didn't update them with your address that you could still have it set aside in spite of you not giving your current address to the creditor.

fermi

michael1983l wrote: »

Yes I understand that but what I am saying is that if you didn't update them with your address that you could still have it set aside in spite of you not giving your current address to the creditor.

Not unless you had other grounds for a set aside.

Can you please keep these queries that are not answering the OP's question to a separate thread please.

Thank you.

Charityworker

Oh dear, looks like I've opened a can of worms here.

Thanks for all your replies.

I suppose the main thing I would like to know is is there a way of stopping this person from taking loans out under my address when he no longer lives here? Theres no central place where I can register my concerns?

If you were me would you contact him on facebook and tell him that bailiffs have been round for him or just leave it?

michael1983l

Charityworker wrote: »

Oh dear, looks like I've opened a can of worms here.

Thanks for all your replies.

I suppose the main thing I would like to know is is there a way of stopping this person from taking loans out under my address when he no longer lives here? Theres no central place where I can register my concerns?

If you were me would you contact him on facebook and tell him that bailiffs have been round for him or just leave it?

It is technically fraud, so I do not see why you could not report them to the police?

DS4215

michael1983l wrote: »

It is technically fraud, so I do not see why you could not report them to the police?

I believe that the lender is the defrauded party and would need to report the crime...

It might be best to speak to the bailiff company chasing the debt and/or the lender (if you have that information) to tell them that the person they are chasing is not a resident and hasn't been for several years. The bailiff will only act on the information they have been provided (which is that the person they are after lives at your address).