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Changing address but not notifying creditors


florish
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Hi

I was reading on the Financial Legal Issues Forum about sneaky DCAs who've got CCJs against debtors who haven't advised them of a change of address, by sending the paperwork to the old address and therefore getting the CCJ by default.

 

 

Can that scenario happen in Scotland?

I've got a couple of debts that are now statute barred and I haven't heard from the DCAs in well over five years.

However I have moved home during that period but the correct up to date address has always been on my credit reference file - plus nothing adverse from these two DCAs had ever appeared from them on my credit reference file.

 

Is it true that in Scotland I couldn't get a ccj (or Scot Equiv) without being delivered court paperwork in person?

 

All advice welcomed.

 

Thanks

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Hi Blueda, thanks for your reply.

 

Yes I check my credit reports (from Equifax and Experian) 2 or 3 times per week, and I also check Call Credit via Noddle each month - and my credit file is looking good with no adverse entries whatsoever from the 2 DCAs who I never gave my new address to. No entries whatsoever from these DCAs on my credit file.

 

These accounts are 100% statute barred, so I didn't see the need to advise them.

 

However, as these DCAs are probably unaware (or don't care) that these debts are statute barred, I am just a little concerned that they may sneakily send court papers (or whatever they're called) to my old address, and if their mail goes unanswered could the court in Scotland award them the judgement by default - as I've never received the court papers.

 

Or should I contact these DCAs and possibly stir up a hornets nest by saying. "Remember me, I'm still waiting for you to comply with my CCA request from 7 years ago, well I've moved home now to xxxxx but no point in contacting me anymore because the debt is now statute barred?" :)

 

Thanks

Florish

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A Sheriff Court judgement would show on your Credit file and be there for 6 years, so as your file is clear, then no they have not took action. I believe that a claim against you without the correct address would not stand up in Court anyway. As for contacting them, probably best not too unless they got in touch with you, i beleve if they wanted your new address they would have got it, i doubt if you will hear from them again.

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I searched Noddle and came across My Credit Tracker and registered, they say you can view your Credit score in minutes online yet they are going to post details to me in 7 working days, i take it that is a welcome pack with log on details ?.

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Noodle is pants only gives you a little information compared to equifax but for free gives you a good indicator.

 

 

As blueda says Florish if your CF is clear then you are ok but certainly dca's can and do try and get decrees on your old address

 

Just keep your eyes open

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I assume Scottish procedure is the same as England with regards to court process....previous known address is considered good service of a claim...therefore the decree will remain unless set a side for a valid reason. Old address/ not received not being one of them.

 

 

Regards

 

 

Andy

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I assume Scottish procedure is the same as England with regards to court process....previous known address is considered good service of a claim...therefore the decree will remain unless set a side for a valid reason. Old address/ not received not being one of them.

 

 

Regards

 

 

Andy

 

Thanks Andy.

That does seen a tad unfair though.

What if I was to write to the DCAs now advising of my new address - then if they sneakily tried to take action against me at my old address - I'd in theory know nothing about it until it's too late and then I wouldn't be able to set it aside as old address isn't a valid reason!

 

I'm probably wrong but I'd thought in Scotland the court papers had to be sent by recorded delivery, and if not delivered by that method, had to be delivered by hand!

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Not that Im aware..... of normal post in England as you know...that is why it is vital to inform CoA because if they do serve you at the previous address you have the proof they were informed and your set a side will glide through.

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Not that Im aware..... of normal post in England as you know...that is why it is vital to inform CoA because if they do serve you at the previous address you have the proof they were informed and your set a side will glide through.

 

Last time I contacted these DCAs (or been contacted by them) Andy was around 7 years ago, so debts are 100% statute barred.

I presume if they did serve papers at my old address then SB would be enough to get the judgement set aside!

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Last time I contacted these DCAs (or been contacted by them) Andy was around 7 years ago, so debts are 100% statute barred.

I presume if they did serve papers at my old address then SB would be enough to get the judgement set aside!

 

 

Correct if they are SB anyway that's a different matter.

 

 

Regards

 

 

Andy

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Do creditors before instigation of a civil clam, search the individuals credit file to confirm if the debtor has, or has not moved to a new location. Seems logical if the creditor has been receiving no responce to letters etc

 

 

You would think so but then again they don't need to.

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