Informing of correct address - moved and never informed in the first place? Practicality

[Ninja1337]

Hi!

Just some general thoughts on the whole of informing creditors of your address.

If you had a foreign debt, moved away from that county and never informed them of your new address.

If they then tried to get say a CCJ on an address in the UK you lived at years before (but not any longer), how could that work practically? If you never informed them of an address, surely they need to prove that you live there for it to be valid in the courts?

I'm just asking for hypotheticals here and general thoughts.. 

 

[dx100uk]

is this to do with 

dx

[Ninja1337]

 

No,  just a thought, if they never had an address in the first place, is there any danger of not informing them of a new address? They need to be sure right and if you never informed them (either when you signed the contract in the first place, which would have been in another country, or informed them) they can't just use any address? 

For my case, In norway, you update your address at this joint "people registry" anyway (which you should do if you need to renew your passport etc), so it's in there if they look. 

But I just think it's and interesting thought. I get it  if you had signed a contract in the UK with a UK address and then moved, but if you have a foreign debt, surely they need to be certain before commencing legal action?

[Bazooka Boo]

If it's just hypothetical, then why waste your time and energy on something that doesn't exist?

Are we talking hundreds, thousands, tens of thousands, millions??

Back door CCJ's are commonplace, it's an easy win for DCA's to be awarded a CCJ by default as it goes undefended.

 

[Ninja1337]

But those backdoor CCJs must be UK debts most likely yes?

if they had no confirmation of address, how could the CCJ an address without confirmation that the debetor still lives there?

[Bazooka Boo]

Doesn't matter to them, the CCJ is registered against their name (the debtor) on their credit file for six years.

 

They simply go off the last known address, send out the letters and claim to that address, receive no response, take it to court where it goes undefended and they obtain the CCJ by default.

The next thing the debtor knows is they are refused a mortgage or other credit and they check their CRF see the CCJ, then raise their head above the parapet to try and get it set aside, and bobs your uncle,  the creditor, DCA, or whoever now has your address, and the whole cycle starts again.

[dx100uk]

1 hour ago, Ninja1337 said:

 

if they had no confirmation of address, how could the CCJ an address without confirmation that the debtor still lives there?

if you have a credit file in the uk, it has your uk address, then anyone can file a claim against you using that address even for a foreign debt.

you are forgetting the point that nothing is seen by any human if using MCOL to  file a claim via that automated bulk court claim centre.

if the above is true, then even if resident abroad its always wise to inform debt owners, it cant hurt you to do so only benefit .

cant see why you are here and on your other thread simply not doing it and arguing the schematics of it.

the fact that it might be unethical or perceived as out of order to attain a backdoor ccj, means nothing no-one in the system cares or checks. as its your job and very simple to protect against such not theirs.

[Ninja1337]

Fair point, but I guess you could have a reasonable good argument to have it set aside if they have not sent it to the correct address.

But it's probably not worth that hassel. And as I understood it, you don't admit to any debts in these letters, but just inform them about your current correct address.

[dx100uk]

no you dont have a good argument, you have no argument, the ccj was correctly served to a legitimate address as you'd not informed them of your move..

atleast your 2nd assumption is correct mind.

dx

[Ninja1337]

But at the time I took out the debt, I would have lived in another country with a completely different address. 

What I am saying is, how would that be enough proof if they pulled one from my credit file,  when I have not in any form used that address for a creditor.

Should they not be required to check that it's actually the current one?

 I have informed them, but it was just some general thoughts. 

[dx100uk]

short answer is no, the address from your credit file would show the claimants due diligence even if said debt originated outside The UK and was nothing to do with any UK address. address linked to a debt doesnt have to match at all, it's for litigation purposes its needed

you keep forgetting that claims issued thru our bulk clearing centre are totally automated, no human checks anything, so even if the claimant does 'make a mistake' it goes thru.

its a lot simpler to send a letter than to try and set aside a default judgement that you might never know about for months and even years until your return to find it. 

there are 2 criteria for a successful set aside:

why you didnt get the claimform.

have you a viable defence as to why you do not owe the sum claimed by the claimant.

the former would poss be met by your thinking/theories, but the latter, regardless to it being a foreign debt, which since judgement no longer really matters, its a sum owed someone lent you, would be a hard and unnecessary hill to climb.

dx