Statute Barred & Change of address?

[Halibutt]

This is purely theoretical, but might help many people...

 

If a debt is getting towards being Statute Barred, but a debtor changes address, should the change of address be notified to the creditor/DCA?

 

My point is, that often contact is seen as restarting activity on an account. Would such notification restart the account?

 

Okay, so you might ask, "Why would you want to let them know where you were so they can start threatening you again?" - a fair point, but many CAG members have reported being told that they have a CCJ or a summons, etc. that was sent to their last known address and because they didn't receive it in time, have had trouble putting together a defence or have even ended up with a CCJ.

 

My thought would be to word a change of address letter like this:

 

By Royal Mail Recorded Delivery

 

Address

 

Date

 

Dear Sir/Madam,

 

RE: Account Number: xxxxxxxxxxxx

 

With reference to the above account, to which I continue to deny any knowledge of debt owed/which remains in dispute*, I wish to inform you of my change of address, which is now as stated at the head of this letter.

 

This letter should not be taken as acknowledgement of any alleged endebtedness, but as you have contacted me in the past, is purely to furnish you with relevant information for any records you may hold.

 

Please regard this letter as permission for you to update your records concerning my change of address only. You should not take this as inferred permission for you or any of your representatives to contact me in any manner, unless requested to do so by a County Court.

 

Yours faithfully

 

Print Name

 

* delete as appropriate

 

Have I just written a load of rubbish? Would this be something worth discussion, or is there already guidance?

 

Thanks All.

 

H. x

[callumsgran]

If it was me i would say 'let sleeping dogs lie' why rake it up again?

[harrassed senior]

A better way of course is to have your mail re-directed for the length of time (say until SB date reached). It does not mean that they cannot find you (DCAs) as we all know the lengths that they will go to with this in mind, but it might help you reach SB date.

 

Of course, although we are talking theoretically, morally, we are obliged to let them know.

[Halibutt]

If it was me i would say 'let sleeping dogs lie' why rake it up again?

Agreed, but as I said...

 

"...but many CAG members have reported being told that they have a CCJ or a summons, etc. that was sent to their last known address and because they didn't receive it in time, have had trouble putting together a defence or have even ended up with a CCJ."

 

Also, what about if a DCA manages to obtain a valid CCA, but sends the documents to your previous address? After no response, they commence court proceedings. In that case, it benefits the debtor to provide up-to-date contact information from the start.

 

I appreciate both your replies and thanks, but the question still remains, does updating contact information restart activity from a legal point of view?

 

I know that one may still be found and that postal forwarding is possible, but if it went to court, would non-notification go against the debtor in a Judge's consideration? That would look like an attempt at avoidance...

[Revenant]

A double edged sword eh Halibutt

My take on this is I have no obligation to give my new details to anyone that I either have no personal/business connection BUT I do understand what you say about the CCJ's by default

Anyone in this situation will have to make their own mind up and utilise the various options available to suit

Regards

R

[Halibutt]

Thanks Revenant. Just wondering about that niggling thought though, that the SB clock might be restarted as a result of any contact.

I've done a couple of quick searches online to see if I can find an answer, but nothing so far. I just have the feeling that this could be a big sticking point - as you say, a "double edged sword" - it could catch many people out in the future.

 

None of my debts are anywhere near SB, but it's one of those things that occurred to me and started to niggle... I mean, apart from helping myself (obviously) by being here, I'd like to think that I might be able to help others too - same as most people here, I suppose. I just hope that my theoretical questions don't annoy people!

 

Cheers. H. x

[Revenant]

H

As long as no acknowledge of an alleged debt is made then the SB clock would IMO remain stayed the fact your covering your bum against a back door CCJ would be fine

As for "Theorectical questions" they're fine as long as they remain theory but as we all know that's not the way of the world because sooner or later they become reality so by getting ideas and counter theories in place before hand is a bliddy good process

R

[Halibutt]

Thanks. Agreed. I'll continue kicking hornets' nests then LOL

[Revenant]

Thanks. Agreed. I'll continue kicking hornets' nests then LOL

 

At least for once you'd know who was attempting to sting you and why

R

[Surfer01]

The T & Cs on the original loan might required your notifying the original lender of a change of address. More than likely if you wrote to the original lender notifying chnage of address that should suffice. Just leave off the account number and it will probably be binned anyway.

[caledfwlch]

Its a shame you can't pick and choose mail redirection, the way you can block certain phone numbers.

 

It would be most amusing for all letters sent from Debt Collector with their address on back, to be redirected to them. Or even to another DCA altogether

 

Like the Cagger with TrueCall who was redirecting calls from a DCA to their own phone number. And given how Caggers like to play, you just know that the caller thought it was the debtor taking the mick, and the recipent thinking it was a debtor calling up to take the mick

[harrassed senior]

Well there is nothing to stop you from returning redirected mail as not known at this address assuming you can recognise who it is from.

 

With regard to the trend to issue CCJs to a previous address, some of the less than scrupulous DCAs do this even when provided with a new address, so I guess that means that if you change addresses you ar fair game whatever you do.