Any luck removing a CCJ?!

sourcrates

Exodi said:

sourcrates said:

Its called due diligence, its not hard to trace someone these days, sending court papers to an old address is a trick creditors use that`s as old as the hills, to obtain a judgement by default, and for the record, you are not under any obligation to update a creditor with your current address, its up to them to make sure any papers are sent to the correct address, but this system is very flawed, as we have seen.

Whenever this forum discusses, say a tenant in mountains of rent arrears, or a father dodging their CMS liabilities, the general view is 'good luck, you'll never find them, tracing agencies are incaccurate' but here we suggest it's not hard to trace someone?

This sounds like making a rod for your own back. Wilfully avoiding telling creditors new addresses, but simultaneously being annoyed that they post to old addresses.

There are many ways to trace people, from checking credit files to social media, council tax records/electoral role information etc etc etc.

Most CCJ`s for debt are not granted to original creditors, they are usually granted to debt purchasing companies such as Lowell/Cabot/Arrow Global/Hoist etc amongst others, these debts may have been blowing in the wind with various debt collection agencies for a few years prior to that, the debt collection process can be a long one, with significant gaps in collection activity.

When a debt eventually gets sold, the new owner only has the same information to go on, so will go through the collection process all over again, in order to contact the debtor, if they still get no response, they then have a choice, either send a pre-action letter to last known address, or do an up to date trace first, on many occasions they just do the former, even though the pre-action protocol (civil procedure rules) states they should do the latter.

But as they know the debtor has not responded to previous attempts at contact, they may get a judgement by default if they don`t respond to this letter or future letters either.

Sometimes, between a debt been sold, and the new owner chasing it, a considerable amount of time can pass, the old creditor won`t have details on the debt any longer, as its been sold, so you can`t update anything with them, also they won`t be able to tell you who it was sold too either, or when.

So if you have moved during that time, all correspondence will go to your old address, and that is how many of these cases occur.