I don’t want to miss LBA

SensiSamurai

Hello
I have a debt that I am hoping will become statute barred.
The debt collection agency used to send letters my address, but I moved ages ago & no longer have acccess to mail sent there.
If I was still receiving these letters, I would be able to look out for their ‘letter before action’ & arrange a repayment plan before receiving a CCJ (but obviously this is not possible seeing as they don’t have my current address).
Is there any way of notifying the collection agency (whoever they might now be) of my current address, without restarting the statute barred clock?

Exodi

You can contact the DCA and update your details stating that all communication is 'without prejudice' (which essentially means they can't use the contents as acceptance of liability) - HOWEVER it's almost certain giving a DCA fresh contact details would promote a heightened debt recovery attempt. I would expect to see bailiffs shortly after and, especially if it's close to being statue barred, an LBA through the door.

The most sensible route would be setting up a Royal Mail redirection but this doesn't address existing mail.

I'm glad you understand that it is your responsibility to provide the correct address to a DCA and not theirs, surprisingly people think moving house without telling anyone wipes the slate clean?

fatbelly

Bailiffs would only be possible after a ccj, not before

Redirection of mail, and updating your address with all three credit reference agencies, should keep you on top of what's happening

There's no point contacting a DCA - you don't know whether they are still engaged and they could not send the pre-action protocol letter anyway - only the debt owner could do that - either the original creditor or someone who has bought the debt,

Just_Di

SensiSamurai wrote: »

I have a debt that I am hoping will become statute barred.
The debt collection agency used to send letters my address, but I moved ages ago & no longer have acccess to mail sent there.
If I was still receiving these letters, I would be able to look out for their ‘letter before action’ & arrange a repayment plan before receiving a CCJ (but obviously this is not possible seeing as they don’t have my current address).
Is there any way of notifying the collection agency (whoever they might now be) of my current address, without restarting the statute barred clock?

When is this debt due to become Statute Barred (how soon)?

What you may want to avoid is drawing attention to yourself which prompts them to check the file and realise that SB is imminent so issue a claim without the need to send you a Letter Before Claim (courts can tolerate skipping that Pre Action Protocol LBC step in some cases such as Limitations Act).

You won't be able to set up a Royal Mail Redirection retrospectively since you say you've not lived at that old address "for ages".

"Without Prejudice" correspondence refers to offers/settlements/agreements made, not general correspondence so that would not be an option. In fact if you sent a WP letter that was privileged (not able to disclose in court) then you wouldn't be able to use it as evidence in your favour if you were served with a claim at your old address and you wanted to prove to the court that the Claimant had been given your new address in order to get any CCJ set-aside (if you follow me ).

This link explains the appropriate use of Without Prejudice correspondence > https://www.wrighthassall.co.uk/knowledge/legal-articles/2011/12/10/when-use-term-without-prejudice/

Notifying the debt owner of your change of address could be seen as an acknowledgement of the debt. How else can you give them the information without reference to the debt (i.e. acknowledgement that it’s your account) ?

Do you know whether this debt is still owned by the original creditor or whether it has been assigned (sold) to someone else since you say you lost contact ages ago?

If this debt was defaulted less that six years ago it would still be showing on your CRA file. Have you checked to see whether it's there under a new named owner etc?

Are you on the Electoral Roll where you now live? Do you have any other financial products that are visible on your CRA file? If so then any debt owner intending to issue a claim should carry out due diligence to check where you live before serving the claim, and they would see you're now living elsewhere. If they search your file you will see that on your CRA report too under "Searches" which stay for two years.

You can also check your CRA file to see if your old address is showing as a Linked Address to your new home.

Di

fatbelly

Just_Di wrote: »

You won't be able to set up a Royal Mail Redirection retrospectively since you say you've not lived at that old address "for ages".

Di is right as usual -

You (and anyone specified in the application with a different last name to yours) must have been resident at the old address in the 6 months preceding the date of your application.

SensiSamurai

Just_Di wrote: »

Di

The last time I remember contacting a DCA about this debt was ~4.5 years ago

I didn’t know it was possible to for them to issue a claim without sending LBA first

I have just checked ‘My Credit Report’ on Noddle, & the debt appears as ‘NatWest Current Accounts’ (status: default), so I guess the debt is still owned by the original creditor(?).

I am not on the Electoral Roll where I live now.

‘My credit Report’ on Noddle does list other financial products, yes.

I don’t know what to do.

fatbelly

When in doubt, do nothing. Yes it looks like it is still with NatWest and it sounds like 18 months away from being statute barred.

If they wanted to find you they could. You can see them on your credit report, therefore they could find you.

Post again if you receive anything from them.

SensiSamurai

fatbelly wrote: »

If they wanted to find you they could. You can see them on your credit report, therefore they could find you.

When I click on the account in question, it lists related information (such as account type & date of default) & under ‘address’, it lists the address at which I last received communication (the address I moved from about 4 years ago).
Also, when I view ‘Address Links’, 9 previous addresses appear (& my current address is not on top).
This leads me to worry that a DCA might send a LBA to a previous address of mine & I might receive a CCJ out of the blue (without getting the chance to arrange a repayment plan)

fatbelly

Noddle's report is confusing. Your present address will be recorded correctly on the other two, which are more widely used anyway.

SensiSamurai

fatbelly wrote: »

Ok, so you reckon I’ll be alright if I just keep a lookout for any DCA letters, whilst hoping enough time elapses for the debt to become statute barred?

SensiSamurai

Have you ever heard of cases in which people receive a CCJ out of the blue, because an LBA has been sent to a previous address?