Debts under wrong address

Freeatlast

A few years back I left the UK and put most of my accounts at my parents address. When I started struggling financially I changed the address on these accounts to a mail forwarding address so I could continue to receive my letters electronically as this company scans them and I can access them from outside the UK. Since these accounts have defaulted and now been sold on to the likes of Cabbot and Link they have reverted to my old address. I have instructed my parents to return any post that comes for me. My concern is since I am not receiving any communication for these accounts other than e-mails asking me to get in touch, I might miss a LBA and end up with a CCJ. I have a credit report from 2022 that shows all of these accounts under the mail forwarding address, so have evidence this is the last address I provided to them. If a CCJ was obtained by them reverting to an old address, would that be good cause to have it set aside? 

Grumpelstiltskin

Do you intend coming back to the UK to live?

If not no problem as they are not enforceable abroad.

No problem with your parent's address , debts have nothing to do with an address only the person. Just tell them to keep returning any mail.

How long is it since you either paid or acknowledged the debts? Could it be close to the 6 year (5 in Scotland ) point where they are statute barred.

Freeatlast

Likely to have to return to the UK at some point, maybe in around 5 years time, but could be sooner if anything happens with my job. Would like to not be retuning to a load of outstanding CCJ's if possible, especially as I will be approaching retirement age by that point. 

My debts all defaulted around 3 years ago, so I'm about mid point to them becoming statute barred. Till now I haven't communicated with any of the firms chasing these debts. My biggest concern is with the Debts with Link Financial, as it seems they usually go for CCJ's and they were relatively new accounts so high probability they will be able to get the CCA if I request it at some point. There is about 30k of debt with them. They also seem to be the worst when it comes to accepting F&F offers from reading other people's experiences.

MattMattMattUK

Freeatlast said:

A few years back I left the UK and put most of my accounts at my parents address. When I started struggling financially I changed the address on these accounts to a mail forwarding address so I could continue to receive my letters electronically as this company scans them and I can access them from outside the UK. Since these accounts have defaulted and now been sold on to the likes of Cabbot and Link they have reverted to my old address. I have instructed my parents to return any post that comes for me. My concern is since I am not receiving any communication for these accounts other than e-mails asking me to get in touch, I might miss a LBA and end up with a CCJ. I have a credit report from 2022 that shows all of these accounts under the mail forwarding address, so have evidence this is the last address I provided to them. If a CCJ was obtained by them reverting to an old address, would that be good cause to have it set aside? 

I am fairly sure not, because you were not resident at the mail forwarding address.

Freeatlast said:

Likely to have to return to the UK at some point, maybe in around 5 years time, but could be sooner if anything happens with my job. Would like to not be retuning to a load of outstanding CCJ's if possible, especially as I will be approaching retirement age by that point. 

My debts all defaulted around 3 years ago, so I'm about mid point to them becoming statute barred. Till now I haven't communicated with any of the firms chasing these debts. My biggest concern is with the Debts with Link Financial, as it seems they usually go for CCJ's and they were relatively new accounts so high probability they will be able to get the CCA if I request it at some point. There is about 30k of debt with them. They also seem to be the worst when it comes to accepting F&F offers from reading other people's experiences.

That level of debt is not something that any lender will just ignore, a CCJ is the likely route they will take. Do you have any assets in the UK for them to take enforcement action against? I suspect they will obtain a CCJ and then take enforcement action if/when you return to the UK, which if you only have a low income pension then they will not be able get much if anything out of you.

sourcrates

There are timescales which will apply in all cases.

In England & Wales, delinquent debts become statute barred, under sec 5, limitation act, after 6 years.

CCJ`s become unenforceable under sec 24 limitation act, after 6 years.

UK court judgements for consumer credit debt are not enforced abroad, nor are they recorded on your credit file in the country you reside in.

Whatever will happen will happen as you do not reside in this country, you cannot control events, so the only thing you can do is deal with matters when you do return here.

The timescales quoted above confirm this will not affect you forever.

Freeatlast

sourcrates said:

Whatever will happen will happen as you do not reside in this country, you cannot control events, so the only thing you can do is deal with matters when you do return 

While I used to think that simply ignoring these debts till I return to the UK is the best approach, I am starting to think that been proactive in limiting the potential damage is now the best approach. Been outside the UK may mean that I am outside the reach of enforcement action for now, but even with the time scales you quote above, it could be 9 years from now till enforcement action is outside of the relevant limitation periods. I also believe for CCJs, the creditor can still go back to the court to seek enforcement beyond the 6 years with good reason. Not sure exactly what circumstances this would apply though.

Even though I am outside the UK I can still take the same actions as if I am still there, challenging CCJs (if paper work received), sending prove it letters and CCA requests if appropriate. For now I'm just gaining knowledge so if any action is taken in the future I will at least have some idea of the best response from my side.

sourcrates

Obviously you play things how you see fit, in regard to CCJ`s expiring, the lender has to go back to court before the initial 6 years have expired in order to gain an extension.

If the judgement is older than 6 years, they must show a very good reason why enforcement did not take place previously.

Enforcement of judgements for consumer debt is rare to be honest, at best it may mean an attachment to your earnings if you work in the UK, occasionally bailiffs are used, just the county court version, not HCEO`s.

Judgement debts over 6 years old are usually bought by debt purchasing companies who use the presence of a CCJ as a bargaining chip, but would never dream of taking any of them back to court in order to take enforcement action, as its just not something they do.

Their basic business is built around buying old debt cheap, and making a profit on it, its basically a numbers game, a massive gamble, they win on some, and lose on others, they don`t waste money on an unnecessary legal process.

fatbelly

We can't say definitely that any particular debt will or will not see court action.

It's not even particularly dependent on size of debt or who the creditor is.

i have one client owing a six figure sum to a creditor. No court action yet.

Another one had a dozen debts but no possible debt strategy other than to ignore. 11 went statute barred. One ended up with a judgement to pay £1 per month.

Sorry that's not very helpful. But you hit on a strategy a few years back. You may as well stick with it