Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Can the debt collectors find me if i run a personal credit check???


gg80
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4979 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All,

 

I have all sorts of unsecured debt which i have run from for some time-CCJ's included,i am not on the electoral roll etc.All very irresponsible i know and i'm sorry!! Moving on, i would like to tackle the debt soon and need to see my credit report to know where to start. I am not on the electoral roll and i do not want my creditors to know where i am until i am ready.

 

I am under the impression though, that if i run a personal credit check my new address will be appear on there and the bailiffs may come knocking...bad news.

 

What i need is the ability to check the status of my debts so i can figure a way to get it sorted without alerting the men in black who no doubt would be straight round here trying to take my husbands gadgets away and in the process leaving me a single lady as he would not be happy, in fact i havent been totally honest with him so my problem is obvious.

 

Can anyone advise? Will my checking my credit reference allow my creditors to see my address?

 

Many Many Thanks

 

gg80

Link to post
Share on other sites

Credit Reference Agencies are in the pockets of their paymasters, the banks.

 

If you try to get your credit report, it will be flagged up to any creditor who is looking for you.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Guest Cartaphilus
I have all sorts of unsecured debt which i have run from for some time-CCJ's included,i am not on the electoral roll etc.

 

Ah, but the thing to remember here is you will be on a council tax register with your local council? If you are registered for any, that is. Also, whatever dealings you have had within the 'system' as it were would flag up your present whereabouts or should in time ... Unless you are not disclosing those to anyone and using a previous address to do so. What I am trying to tell you is that you can be traced using possibly an infinite number of ways asides from checking your credit rating. This is not to frighten you BTW but just to mention that things do catch up eventually.

 

However, having dealt with the seeming ineptness of a DCA a long while ago (before I even knew places like CAG existed and I wasn't in debt at the time, someone else was who hadn't provided a forwarding address) I was astonished with their apparent lack of tracing skills at a very basic level. Because I knew exactly where that person had moved to because I saw them in the newspaper - no I didn't tell the DCA but I did keep telling them or sending the mail back 'not at this address' but sadly they did not get the message as in so many of these casess but I won't lie when I say it was getting blasted annoying being harassed for a debt that wasn't mine!) it would not surprise me if they couldn't figure any of those out.

 

I merely tell you any of the above because tracing isn't a hard thing to do, even people in other countries have been found. So, just to be prepared for that eventually.

Link to post
Share on other sites

I think the OP is right to be concerned. Based on what you've said, to get all of the data from your credit file you will need to give the CRA previous addresses. They will link the addresses together and update their records to show your current address.

 

The best case scenario is that the CRA does nothing more than this. However, a creditor running a trace search (they would have to do under the terms of your contract) would then be able to find your new address. Once your address finds its way out there into DCAland it may get passed around unlawfully but try proving it.

 

The worst case scenario is that there is 'leakage' from the CRA to DCAs. I don't know that this happens but given that Experian proudly owns a company like Wescot, it says a lot about their business ethics. This isn't an allegation but just something that should give the OP pause.

  • Haha 1
Link to post
Share on other sites

And of course the CRA will want proof of who you are as you aren't on the Electoral register so they will want previous addresses as well as proof of ID

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Yep - backing up what others have said.

 

The credit reference companies will want to be 100% sure that any information they are giving out is to the correct person, so they will need concrete proof of who you are, where you live, and previous addresses.

 

You then get your credit report and they are happy that any info you have given them is verified by you, making it oh so easy for debt collection companies to find you !

 

It's common knowledge that DCA's subscribe to these databases, and happily pay for regular updates of the latest (verified) details.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Link to post
Share on other sites

Hi All,

 

I have all sorts of unsecured debt which i have run from for some time-CCJ's included,i am not on the electoral roll etc.All very irresponsible i know and i'm sorry!! Moving on, i would like to tackle the debt soon and need to see my credit report to know where to start. I am not on the electoral roll and i do not want my creditors to know where i am until i am ready. Then do nothing.... Non-CCJ debts are stat-barred after 6 years from the last written acknowedgement anyway. With patience, you could just ride it out.

 

I am under the impression though, that if i run a personal credit check my new address will be appear on there and the bailiffs may come knocking...bad news. Debt collectors are not bailiffs. As you have unsatisfied CCJs however, it's likely that debt collectors will try and make contact with you at some point over these providing they can link up your previous addresses. If they can't/don't link up your previous addresses, then you might be contacted as part of a phishing exercise.... as they won't know for certain who you are until you confirm it or, they find the link on other paperwork.

 

What i need is the ability to check the status of my debts so i can figure a way to get it sorted without alerting the men in black who no doubt would be straight round here trying to take my husbands gadgets away if the debts are yours, then they can't touch your husband's stuff, no.... and remember, these are debt collectors and not bailiffs. and in the process leaving me a single lady as he would not be happy, in fact i havent been totally honest with him so my problem is obvious.

 

Can anyone advise? Will my checking my credit reference allow my creditors to see my address?

 

Many Many Thanks

 

gg80

 

:)

Link to post
Share on other sites

Guest HeftyHippo

would you clarify things? Your creditors must have the address you were at when you got the credit.

 

Have you moved since then without informing them? Is that why you feel a credit report will reveal your address?

 

If so, as said above, you will have to supply details of your past addresses to get a report, and as they will send it to you, they will need your current address, and then they join the dots and connect you with everything in the past.

 

The only way I can see you being able to do it is if your bank details are for your old address, then you may be able to get an online report pretending to still live at the old address (they verify the payment card using the address its registered for), and getting the report by email (set one up just for that purpose). An alternative is if the website allows someone elses card to be used - their card is verified against their address, and you give your old address. I dont know if the sites will permit other's cards to be used, and before you put real info into the sites, you need to check the site is suitable before you give info that may compromise you.

 

This company has been mentioned, I have no knowledge of it personaly but its free https://www.annualcreditreport.co.uk/. Some of the others eg Experian have recently set up online reports but you have to pay £2 for each one.

 

You may be able to find out about CCJs you have separately. They are maintained on the "Register of Judgments, Orders and Fines" see http://www.hmcourts-service.gov.uk/cms/judgments.htm

 

the link to search for your record goes to CCJs, court orders & fines - Search yourself and others - Trust Online

 

again, you need to make sure that any info you put in won't be passed on.

 

You may be able to directly contact each court where a CCJs was issued to get info about them. Give them a ring

Link to post
Share on other sites

Hi All,

 

Thanks for the response,

 

To clarify, i have moved several times- due to work mainly but it has enabled the avoidance of detection.

 

I am on the council tax register but nothing else,

 

It's a real shame there is no way to get the status without compromising the wherabouts, they nearly had the money back! It's no fun living this way really.

 

I am on a contract which may run out sooner than later at work otherwise i think i would probably go for an IVA, i'd consider bankruptcy but suspect i would have a restriction order for 15 years due to the irresponsibility.

 

All in all i think i will ride it out for the time being

 

Thanks again

Link to post
Share on other sites

Debt avoidance ?

 

Not a good idea, and not what this website is about. :mad:

 

Nobody is saying 'pay up', there is help to sort it all out, if that's still possible at this late stage. Have a read around, it may be useful - but only if you are prepared to help yourself.

  • Haha 1

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Link to post
Share on other sites

Guest HeftyHippo

I think you should remember that if you have CCJs. the benefactor can have the CCJ extended. If they can convince a court that you deliberately took action to avoid a correctly obtained CCJ, a judge may be offended enough that you avoided the court's ruling, to allow the CCJ to be 're-started'. In addition, the debts you had may have been subject to more CCJ rulings in your absence, and may not even be close to being statute barred.

 

As you fear a restriction order for your 'irresponsibility', you should also be wary of the court's ire should you deliberately avoid CCJs.

Link to post
Share on other sites

I think you should remember that if you have CCJs. the benefactor can have the CCJ extended. If they can convince a court that you deliberately took action to avoid a correctly obtained CCJ, a judge may be offended enough that you avoided the court's ruling, to allow the CCJ to be 're-started'. In addition, the debts you had may have been subject to more CCJ rulings in your absence, and may not even be close to being statute barred.

 

As you fear a restriction order for your 'irresponsibility', you should also be wary of the court's ire should you deliberately avoid CCJs.

 

A CCJ is there until it's paid HH.... providing that the details are still held on record somewhere. I know of CCJs that have fallen off the radar, so to speak.... because over time, no-one's able to prove anything!

 

In short, the scenario you describe is very unlikely...

Link to post
Share on other sites

Guest HeftyHippo
A CCJ is there until it's paid HH.... providing that the details are still held on record somewhere. I know of CCJs that have fallen off the radar, so to speak.... because over time, no-one's able to prove anything!

 

In short, the scenario you describe is very unlikely...

 

whats 'very unlikely'? - that his creditors successfully got additional CCJs in his absence? Not at all unlikely.

 

and as he also has unpaid CCJs, they don't expire as you confirm yourself.

 

So I don't know what you're disagreeing with. Without wishing to enter into yet another debate where someone must prove they're right. I simply point out to the poster that hiding from the situation may not be as simple as she thinks.

 

Her debts may not be close to being stature barred, some of them may have been the subject of a successful CCJ application, in which case they probably won't have expired yet. Without knowldge of the debts and their ages, its not possible to say for sure, but this scenario is perfectly possible.

 

Old unsatisfied CCJs may be 'revived' by a judge if he is convinced that the poster deliberately avoided paying and the benefactor of the CCJ could not locate her and so had no chance to enforce the CCJ. Without knowing how often she moved, and how soon after getting the CCJ she started moving, again its not possible to be sure. It is true that CCJs may not often be 'revived' but if the judge feels the benefactor didn't get a chance to enforce the CCJ because of deliberate avoidance, and that the benefactor tried everything possible to trace her, it IS possible.

Link to post
Share on other sites

it is very rare for an expired ccj to berevived once 6yrs have elapsed.

 

pers i'd say get that cra done and get yourself on the electoral role.

 

whilst you remain hidden - ok you are avoiding your ebts [which sady is not what cag is about]

however, the damage which will continue to be done by not doing the above will live longe than hiding.

 

you'll prob find most of your debts are easilty dealt with, even theccj's. bu if youkeep hiding esp from the electoral role, you'll never get credit anyhow.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

whats 'very unlikely'? - that his creditors successfully got additional CCJs in his absence? Not at all unlikely. That's not what I said...

 

and as he also has unpaid CCJs, they don't expire as you confirm yourself. The paperwork can't always be traced...

 

So I don't know what you're disagreeing with. Without wishing to enter into yet another debate where someone must prove they're right. I simply point out to the poster that hiding from the situation may not be as simple as she thinks. Hiding is never a good idea, no.

 

Her debts may not be close to being stature barred, some of them may have been the subject of a successful CCJ application, in which case they probably won't have expired yet. Without knowldge of the debts and their ages, its not possible to say for sure, but this scenario is perfectly possible. There are lots of "ifs", "buts" and "maybes" in many walks of life... but when life is calm, why poke it around just to see what happens? "If" a creditor is going to catch up with a person, they will. However, not all of them do.... which I know from personal experience.

 

Old unsatisfied CCJs may be 'revived' by a judge if he is convinced that the poster deliberately avoided paying and the benefactor of the CCJ could not locate her and so had no chance to enforce the CCJ. Without knowing how often she moved, and how soon after getting the CCJ she started moving, again its not possible to be sure. It is true that CCJs may not often be 'revived' but if the judge feels the benefactor didn't get a chance to enforce the CCJ because of deliberate avoidance, and that the benefactor tried everything possible to trace her, it IS possible.

 

This is the part that is unlikely... it would involve a lot of homework on the part of the OC/DCA, they would need to be very sure of their facts before pressing forward and the sum they were after would need to make it worth it. I don't have any examples where this has happened but if you have, I'd be interested in reading about them.

 

it is very rare for an expired ccj to berevived once 6yrs have elapsed.

 

 

Agreed...

 

:-)

Link to post
Share on other sites

Guest HeftyHippo

yes I do know of a case where a CCJ was reactivated by a court after 6 years.

 

the debtor deliberately avoided the creditor by changing address. The creditor showed due diligence by continuing to chase him. Each time they caught up with him, he moved and would disappear for months at a time, sometimes going abroad. After 6 years, he thought he was safe and 'settled down'. The creditor eventually caught up with him and he laughed and took no action as he thought he was outside the 6 years. A court was satisfied that the creditor had applied due diligence and done everything it could to enforce the CCJ and allowed the CCJ to be reactivated. As a CCJ is never statute barred, it is always a possibility that the creditor will never allow it to drop. All that is required is for the creditor to show that he has genuinely attempted to enforce the judgement

throughout the 6 years but has been unsuccessful.

 

I've never said it would happen in this case, or that it was common, what I have said is that it could, or may happen, and a lot depends on the amounts concerned, which the poster has not mentioned. If she were to come back and say the judgements were for say £150,000, would you agree that reapplying the CCJ might be more likely than if the debt was for say £3,000?

 

All I have said is that running away will not solve the problem because the debts that she thought would be statute barred soon, may have recently been subject to a successful CCJ and the 6 years will start again, and also that the unsatisfied CCJs could be renewed. The first part cannot be denied, the second is unlikely unless the debts were worth it and the creditor can show he has been diligent in attempting to enforce it. We don't know how worth it is because we have NO idea of the size of the debt. Argue with the fact I covered all angles as much as you like, but the fact that the poster did not give any detail about the debt, or time-scales means a simple, definitive answer is not possible.

 

anyway, this is all academic because in all probability the poster won't be back. The vagueness in her post perhaps indicates that she didn't expect or want in-depth help, simply a yes or no type answer, and as such, without details from her its pointless arguing any more about it. She's had the info, I'm content to let her consider her circumstances and decide what scenario is most applicable to her

Link to post
Share on other sites

no-wonder the op has not posted again.

 

:roll:

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

yes I do know of a case where a CCJ was reactivated by a court after 6 years.

 

the debtor deliberately avoided the creditor by changing address. The creditor showed due diligence by continuing to chase him. Each time they caught up with him, he moved and would disappear for months at a time, sometimes going abroad. After 6 years, he thought he was safe and 'settled down'. The creditor eventually caught up with him and he laughed and took no action as he thought he was outside the 6 years. A court was satisfied that the creditor had applied due diligence and done everything it could to enforce the CCJ and allowed the CCJ to be reactivated.

 

 

That reads like a case of someone deliberately sticking two fingers up at the creditors, so to speak.... not a good idea at all. Thanks for the example.... :-)

Link to post
Share on other sites

Guest HeftyHippo
That reads like a case of someone deliberately sticking two fingers up at the creditors, so to speak.... not a good idea at all. Thanks for the example.... :-)

 

well basically, yes, one of his motivations was to avoid the CJJ, and the consequences of not fulfilling it - bailiffs, charging orders, etc

 

But, anyone who moves address and doesn't inform creditors is open to the same accusation. It just so happens, that most DCAs are pretty incompetent and unable to track people properly, and the amounts concerned are not worth the work/difficulty. At the end of the day, if a DCA is paid on commission, it's not likely to be worth it to do a lot of tracking, and the banks are not set up to do it properly either.

 

It mostly depends on the amount that could be earned/recovered. Some debts are not worth the hassle, and the CCJ lapses. Perhaps the orig poster falls into that category, or perhaps they fall into the 'worth it' category

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...