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Debt collection 5 years after emigrating!!!

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Comments

  • I have tried this but they say that the debt for a period of 2004-2006 which does not count as statute barred.

    Is there a way I can prove that I emigrated, some government office, tax office that I can contact to give them definite proof.

    Thanks
  • RAS
    RAS Posts: 35,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    It is for them to prove you owe the debt not the other way round.

    If they are saying it was 2004-2006 and you were not in the UK, then just tell them that and let them stew.

    Then report them to the OFT.
    If you've have not made a mistake, you've made nothing
  • I need a bit of advice on another matter. This debt collectors found my name via a forwarding address that I use in the UK. They initially sent letters demanding the debt's payment to the occupants (under my name) who are now understandably worried that their address will become blacklisted or that bailiffs will come to their door because of the alleged debt under my name. What rights do the debt collectors have in regards to this? Surely they have to prove that I am at that address?

    Thank you
  • RAS
    RAS Posts: 35,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jahwobble wrote: »
    I need a bit of advice on another matter. This debt collectors found my name via a forwarding address that I use in the UK. They initially sent letters demanding the debt's payment to the occupants (under my name) who are now understandably worried that their address will become blacklisted or that bailiffs will come to their door because of the alleged debt under my name. What rights do the debt collectors have in regards to this? Surely they have to prove that I am at that address?

    Thank you

    OK

    1. Crredit records relate to individual people not to addresses, so any adverse record would only affect your UK credit record.

    2. If they have put a note on your record when you do not owe the debt, you can chalenge this. However, after 6 years the adverse credit record drops off you record anyway.

    3. Debt collectors have no rights at all. You could write and remove the common law right to visit if you want, but even with this right, if they turned up, they would have to leave the moment they were asked or talk to the police.

    4. Bailiffs can only be appointed after a lengthy court procedure, and you would be able to defend the case on the basis that you were not in the UK at the time the debt was incurred.

    And even if bailiffs were appointed, they could only remove your goods, no-one elses.
    If you've have not made a mistake, you've made nothing
  • Thank you all for your advice and support here and on the Consumer Action Group and British Expats forums.

    Seems I have won the battle. In my case I think I managed to run circles around the debt collectors to the point where they actually provided me with the evidence that I wasn’t at the address at the period that the debt was accumulated. Electoral rolls and such like are not such great evidence of an individual’s location over short periods of times at various addresses. And of course the fact that I wasn’t physically in the country during this period either, stumped them. If you keep them on the run and bombard them with facts and figures, dates and quote the various consumer laws via email then it seems they get fed-up.

    I reckon that if you know for sure that you are not guilty then it is just a game of cat and mice with debt collectors and for me it is more satisfying to have proved my case then to just tell them to take a hike and forget about it. Now I feel a bit more comfortable about travelling back to Blighty.

    Don’t lose hope and don’t give in!

    Seasons greetings, cheers all! :j
  • The fact you weren't in the country i assume was a great fact to bring up :)
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

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