returned to UK after 6 years away

[acerbic]

Hi all, first post but have done a lot of reading. I'll be brief... I hope. Got into massive debt in 2002-2003 to the tune of 6 figures. All unsecured, no single debt more than £20K. Twelve creditors in all. Decided to jump ship and move abroad in 2004, took the profit from our house and started again in a foreign country.

Returned to UK in 2010

Not long after returning, the debt collectors started knocking. A credit check was made when we got broadband, even though we paid up front. Now, the credit check was in my wife's name, so she got the DCA letters.

I haven't asked for any credit so haven't been hassled by the DCA's. My debts are huge, hers are about tiny in comparison.

All the letters for her have been normal threatening letters, and every single letter has been ignored. Not one acknowledgement....zero from us, (have read a lot of threads on this). The DCA's haven't even got the correct address for us. We live at, lets says 15b anywhere road. Their letters are all addressed to 15 anywhere road. Our neighbour gives us the letters.

One DCA says they have a CCJ against her, I can prove that we weren't in the country when the CCJ was issued, so no problem getting that set aside. The others are sending to the wrong address, or just empty threats.

I know that the CCJ isn't valid. August 2004 was the last time we made token payments to the then DCAs before jumping ship, (I still kept the bank statements as proof). Question 1 What I want to know is, if we keep on ignoring them, and not communicating at all. Where do we stand with regards the Statute Barred. I'd love to be able to send letters to all DCA's past and present, but I'm not sure where we stand.

Question 2 If the CCJ was issued in, say, 2006. albeit obtained via the backdoor, does the 6 year rule finish in 2012 for the CCJ? Or does it finish in August 2010 as that was 6 years from the last payment or communication?

Question 3, Is there any way that our house that we live in now could be at risk? Remember all debts were unsecured and our last payment to any of them was just over 6 years ago.

I want my first communication with the DCA s to be a Statute Barred letter, nothing else.

The most important question that I need answering is that because we left the country, does the statute of limitations not apply. We left no forwarding address, so they couldn't find us.

Many thanks for any advice.

[cerberusalert]

Question 1 What I want to know is, if we keep on ignoring them, and not communicating at all. Where do we stand with regards the Statute Barred.

There is no law to say that you must communicate with them, as far as the SB goes once it becomes SB nothing can unbar it.

2 If the CCJ was issued in, say, 2006. albeit obtained via the backdoor, does the 6 year rule finish in 2012

They would need to enforce it within six years otherwise they have to apply to a court for permission to do so.

Is there any way that our house that we live in now could be at risk?

If they have a CCJ they could apply for a Statutory Demand or Charging Order so it's important to get it set-aside. Once it's been set aside the debt reverts to square one as if there never was a court order and they would have to serve again... this would then fail as the debt would be SB .

The most important question that I need answering is that because we left the country, does the statute of limitations not apply.

SB still applies.

[acerbic]

Many thanks Cerebus, I was hoping that you'd answer. You have been a great help to others, and now me. So, am I now in a position where I can check my credit file safe in the knowledge that all debts that I had are now statute barred? I have read up on getting CCJ's set aside, so once I know who I'm dealing with, I'll get things moving swiftly.

 

Thanks to this website, I have slept soundly at night for the last six months. The advice and knowledge of this site is astounding!

[cerberusalert]

Anything on a credit file drops off after six years so if nothing is showing you can be certain it's Statute Barred, even a CCJ won't show after six years. Also there's http://www.trustonline.org.uk/ which is a public register of CCJs... again anything over six years old drops off.

[acerbic]

I'm about to check my credit files, I'm going to use Experian and Equifax as they both have a free cancellable trial. I've read somewhere on here, (although I can't find it now), that the statute barred limit is six years plus 30 days. Is this correct??

I have to give my current address, happy to do that. I'll also have to give my address from 2004 in the UK, (where all the debts come from). If there are CCj's, or any GAIN info on there, how quickly will any creditors be alerted that a search has been done.

What I'm saying, (I think), is that I could be alerting the credit reference agencies to my new address, as I don't think they have it at the moment, (I haven't applied for anything).

 

Just looking for a bit of advice really.

[cerberusalert]

I'm about to check my credit files, I'm going to use experian and Equifax as they both have a free cancellable trial. I've read somewhere on here, (although I can't find it now), that the statute barred limit is six years plus 30 days. Is this correct??

It's six years (five in Scotland) from when the last payment or written acknowledgement was made.

I have to give my current address, happy to do that. I'll also have to give my address from 2004 in the UK, (where all the debts come from). If there are CCj's, or any GAIN info on there, how quickly will any creditors be alerted that a search has been done.

If they are looking for you.... immediately.

 

If you just want to check whether there are any CCJs you can use the public register where no-one will be alerted http://www.trustonline.org.uk/ but this costs around £8.

[acerbic]

Thank you for that, I'll get straight on it.

[acerbic]

Just want to double check, It is six years since I last paid the original creditor or their agent, not six years from when they last made a report to the credit reference agency saying I haven't paid. As I said in the original post, I last paid them in August 2004, then left the country. So, if there is a CCJ or default on my file, it all goes back to August 2004, not some later date. Just want to be sure before I take the plunge with the CRA's. Many thanks

[cerberusalert]

It is six years since I last paid the original creditor or their agent,

Yes.

not six years from when they last made a report to the credit reference agency saying I haven't paid.

No... they could have registered a default months if not years afterwards.

 

If there is a CCJ it never becomes Statute Barred, however if they have not enforced it within six years they would have to apply to a court for permission to enforce it.. this is rarely if ever given. Also if they obtained a CCJ whilst you were not a UK resident you can have it set aside which would put the a/c back to square one and they would not be able to apply again for a CCJ because the debt would have become Statute Barred.

[acerbic]

Thank you Cerberus

[acerbic]

Ok, so I have a CCJ from 2005. I want to get it set aside as I wasn't in the country and never received any docs. If I had have received docs, I would have defended the claim. What do I put on the N244 so that it gets cleared up as quickly as possible?

Many thanks for your help so far Cerberus

[cerberusalert]

You could go about it one of two ways... wait until 2011 & hope they don't trace you, in which case they would have to apply to a court for permission to enforce, or apply for a set aside via N244 which costs about £70 IIRC. http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

[cerberusalert]

As for the N244 you would have to state that they must have sent the court documents to an old address which you never received & that you were not a UK resident at the time + include evidence of your residency outside the UK.

[acerbic]

Ok, I'll need to spend the £70 quid because I can see that they've done searches via my credit file. Also they had sent letters to my new address, albeit not the 'correct' address, our neighbour gave us the letters, BUT I have ignored all correspondence from them anyway. (incorrect address).

 

Is the IIRC process a simple one? I guess it's self-explanatory?

 

Many thanks

[cerberusalert]

IIRC = If I Remember Correctly.

 

If you start a thread in the legal forum http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues the legal wallahs will be able to give you the best advice regarding the N244.

[acerbic]

It turns out that i won't need to pay as I'm on a low income. However, I'm not having much luck at the moment with my N244. Any other suggestions?

[cerberusalert]

Did you see the reply on your other thread?

Re: advice needed for a set-aside

I think you want to request that the Court makes an Order to set aside under CPR 27.11 (double check the CPR).

 

Serve your proof attached marked Exhibited hereto (i.e Exhibit TM1) and so on.

 

If you cannot fit all of the information that you will be relying on in para 10 of page 2 of your application notice, then serve a witness statement attached with all the relevant details - In the (name of Court), Claim no., Claimant's name (including Ref), Defendant's name etc,etc.

 

Up date when you have some info on your case please.

 

Kind Regards

 

The Mould

see; http://www.number7.demon.co.uk/YAWS/rules/part-27.htm

[kbob]

Anyone have any information or experience of how to proceed with a CCJ set aside when outside the UK? The link provided http://www.number7.demon.co.uk/YAWS/rules/part-27.htm#rule-27.13 seems to indicate a hearing takes place with both parties to the claim. Is it possible to submit a set aside with a non UK address and no intention of attending the hearing? Very relivant if your outside the UK but still residing within the EU.

[acerbic]

Hi Cerberus,

I did see the post on my legal thread, I posted this one before posting on the other thread. As I've said on the other thread, I'm not sure what part applies to me, or what to put on the form.

I'm getting there slowly, shoud have this wrapped up soon.

 

Regards

[acerbic]

Right,

would I be right in assuming that it is CPR 27.11 (1) (b).

I did not give written notice to the court, (as I never received the papers).

Or could it be 27.11 (3) a and b.

Had a good reaon for not attending, (out of the country, didn't know about the case).

Have a reasonable prospect of success.

The new hearing couldn't take place immediately, because I would need to submit a defence.

 

Also, on the form N244, do I need to know who the original claimant is, or do I just quote the case number as it appears on my credit file?

[acerbic]

Cerberus,

I've just spoken to the court, it seems that I have to get the N244 done straight away. There is a charging order on this now.

 

this is what I'm going to put for Q3

What order are you asking the court to make and why?

 

I am asking the court to set aside the above judgement as the documents were sent to an old address, therefore I never received those documents. I was not resident in the UK at the time of the judgement or subsequent charging order. Had I have been aware of the claim made against me, I would have put in a defence to this claim which would have had a very good chance of success.

 

Do I need to add anything further?

 

Q9 says 'Who should be served with this application?

I assume it will be the original claimant? correct?

Q10 'What information will you be relying on, in support of your application?'

 

I take it that there I attach copies of proof of residency in the country where I was living, i.e tax docs, health cards etc etc.

 

Would it be better if I can show documents for the same time as the original CCJ, i.e spring 2005, shall I get a utility bill from then to show beyond doubt that I wasn't in the UK?

 

Need to get this done asap

 

Many thanks

[cerberusalert]

This really should be posted in the Legal forum as it's not my forte I'm afraid.

 

If you don't get a response in there if you hit the black triangle at the bottom of your post and ask for help one of the other Mods who is more knowledgeable will no doubt advise.