Can County Court Claim be issued to the old address for credit card or loan if on

[julies]

I am on the electoral roll at my current address and have moved to my current address approximately 5 to 6 years ago.
My credit files with both Experian and Call Credit have my current address listed clearly and both files show me on electoral roll.
But I see some spurious entries with defaults that started few months after I have moved to my current address and they still have on their address field my old address.
Can they serve valid County Court Claim papers to the old address if I obviously from track record am not there as per above and am listed on electoral roll at the new address?

[julies]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

just a quick tag to some VIP members @charitynjw @MIKE770 [MENTION=6]Amethyst[/MENTION] [MENTION=19893]Deb[/MENTION]t_Camel @diana-M @warwick65

Please note that I am showing HUGE appreciation to all of the members of this forum and appreciate all of your views, I am just tagging a few members whose comments I came across on this forum on a more frequent basis.

Thank you all for any information regarding this subject

[warwick65]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

If they do and fain a default judgement you should be able to get them set aside however technically it is your responsibility to keep them updated I think.

I assume your new and old address are linked on your file

[julies]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

Hi warwick65,

Thank you for your response.

Yes my addresses are linked on my file and should be clear to anyone ordering my file, but I am not sure if some DCA might use this as a dodgy tactic to get judgements on people or maybe just send on autopilot close to "statute barred" deadlines etc???

Can I ask you please:
How difficult is it to "set aside" a CCJ based on the fact they sent the claim to the old address?
(bearing in mind I am at the new address for let's call it 5 years for simplicity and on the electoral roll etc....)

PS.
I am aware that setting aside any potential CCJ does not mean the alleged debt is wiped off, it is just for clearing any default judgements etc and having a chance to defend the case

[warwick65]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

I really am not skilled at set asides but it shouldn't be difficult. [MENTION=87380]Diana M[/MENTION] is the person to answer that.

[EXC]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

How difficult is it to "set aside" a CCJ based on the fact they sent the claim to the old address?

If you can demonstrate that you were not at the address then it should be fairly straight forward.

Read this https://legalbeagles.info/library/ho...-judgment-ccj/

[julies]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

Thank you [MENTION=332]EXC[/MENTION] for the link. Spot on and very useful

PS. Should I just contact the DCA in question (as noticed on the credit file) with a CCA request? Should I on the same CCA request tell them they have wrong address for me logged with credit reference agencies? ............... or is that opening a can of worms and I should just ignore it until any CCJ mark shows as the alleged debt will anyways become statute barred in a years time?

[Diana M]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

How difficult is it to "set aside" a CCJ based on the fact they sent the claim to the old address?
. . . .
I am aware that setting aside any potential CCJ does not mean the alleged debt is wiped off, it is just for clearing any default judgements etc and having a chance to defend the case

That depends on individual facts and circumstances.

The Judgment Creditor (or their solicitors) usually contest a set aside Application on the basis of service was "at last known address".

It's then up to you to demonstrate that they could or should have known you were living elsewhere if they had carried out due diligence (search your CRA file etc).

We had a case recently where the claim form had been returned to NCCBC by the new occupants of the property (as "gone away") and NCCBC returned it to the Claimant. But their solicitors still argued (unsuccessfully ) that it was 'deemed served'.

Our client had sent a Subject Access Request to the solicitors so had the evidence.

If you've been on the electoral roll at your new address that should help, plus any evidence that you were visible on your CRA files at the new address (if you had credit there it would show).

We have another client where they have not only produced the tenancy agreement of their new home pre-dating the claim issue date but also the Eviction Warrant from their old home so clearly not living there when the claim was served.

We find filing a Draft Defence with the set-aside Application helps to persuade the DJ that you have prospects of winning your case if given the opportunity. This helps if the evidence of wrong address is not viewed as convincing enough.

Di

[Diana M]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

Should I just contact the DCA in question (as noticed on the credit file) with a CCA request? Should I on the same CCA request tell them they have wrong address for me logged with credit reference agencies? ............... or is that opening a can of worms and I should just ignore it until any CCJ mark shows as the alleged debt will anyways become statute barred in a years time?

Once there is a CCJ the Judgment Creditor (debt owner) is no longer obliged to comply with a s 77-79 CCA Request.

You have to get the CCJ set aside first and then you can send a CCA Request.

Sadly your debt will not become Statute Barred in a year's time because the SB clock stopped ticking when the claim was issued (Cause of Action).

Di

[julies]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

Once there is a CCJ the Judgment Creditor (debt owner) is no longer obliged to comply with a s 77-79 CCA Request.

You have to get the CCJ set aside first and then you can send a CCA Request.

Sadly your debt will not become Statute Barred in a year's time because the SB clock stopped ticking when the claim was issued (Cause of Action).

Di

Hi Diana M,

Thank you for your answers they are very thorough and comprehensive and sure to help any others searching the forum as well.
One important note here regarding the 2nd answer you have given:
The DCA did not get a CCJ yet and did not apply or similar. I have just seen their mark on my credit file and asked this question as deliberating at the moment if it is smarter to approach the DCA myself and say to them: You have wrong address for me and while at it here is CCA request for a full true copy of the agreement signed and dated as the alleged debt is referenced for an agreement started in 2003?
Or should I just ignore them for now and monitor the file to see if they submit for CCJ deliberately under old address and go the route of "set aside" clearly proving my current address is easily seen on current credit file? Would "setting aside" using that argument be a costly excercise? any fees to pay to the court for that?

What do you think?

[Diana M]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

But I see some spurious entries with defaults that started few months after I have moved to my current address and they still have on their address field my old address.
Can they serve valid County Court Claim papers to the old address if I obviously from track record am not there as per above and am listed on electoral roll at the new address?

Do you mean you have file entries under both your old address and new address (it seems so but I was just checking)?

This might be used as an excuse (legal argument) by the creditor that you are visible on your CRA file at the address where they served the claim.

That doesn't mean they'll succeed with their argument, just it's one they may put forward.

All file entries vanish six years after the date any default was registered regardless of their subsequent financial performance.

Are any of your defaults coming up to the six year anniversary?

Di

[julies]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

Hi Di,

Yes there are two coming up for the six year anniversary end of next year.
The one I referenced in this thread has my old address from five and a half years ago approximately.
I am living at my current address for approximately 5 years now and am on electoral register and also have some bank accounts that were opened in the meantime at this current address and clearly show on my credit file with Experian and Call Credit/Noddle as those are the ones I monitor and see.
The alleged debt is for a credit card agreement started in 2003.

That is why I was now deliberating and asking is it smarter to approach the DCAs myself and do the CCA request proactively?
or ignore it for now and see if the named DCA for this thread tries to get CCJ at the old address somehow and then deal with that?

The other default that is showing on my account from the similar era has my current address on the credit file and I am not worried about that one, as I understand under new regulations from October 2017 they will have to send me the letter of intent to claim first and give 30 days to respond, so I can then approach them with CCA request etc......

Hope my rambling above makes sense?

[Diana M]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

The DCA did not get a CCJ yet and did not apply or similar. I have just seen their mark on my credit file and asked this question as deliberating at the moment if it is smarter to approach the DCA myself and say to them: You have wrong address for me and while at it here is CCA request for a full true copy of the agreement signed and dated as the alleged debt is referenced for an agreement started in 2003?
Or should I just ignore them for now and monitor the file to see if they submit for CCJ deliberately under old address and go the route of "set aside" clearly proving my current address is easily seen on current credit file?

Good news that you've not got a CCJ

You were asking about how difficult it is to get a CCJ set aside so I assumed (wrongly) that you already needed to start the legal process of setting it aside.

Does your question relate to more than one debt? They would each need to be treated differently according to their individual history and status if that is the case.

Is the creditor currently writing to you and if so what stage have things reached?

Is the debt still with the original creditor or has it been assigned to a debt purchaser?

Sometimes it's a good idea to send a CCA Request and sometimes it's not a good idea in case it awakens a dormant account and they suddenly realise that they better getting going on legal proceedings before the debt becomes SB.

Since 1st October this year the new pre-action protocol obliges (in theory) the debt owner to send a Letter Before Claim prior to issuing proceedings. Once the LBC has been sent they can't (in theory) issue a claim for 30 days.

However in the case of an imminent Statute Barred debt (the limitation date falling before the 30 days are up) then the court will most likely tolerate a shortened process.

Do you still have any connection with your old address so mail will/can be forwarded to you?

Di

[Diana M]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

should I just ignore them for now and monitor the file to see if they submit for CCJ deliberately under old address and go the route of "set aside" clearly proving my current address is easily seen on current credit file? Would "setting aside" using that argument be a costly excercise? any fees to pay to the court for that?

You would have to pay the Application fee (unless you are entitled to fee remission) and depending on the amount of the debt/CCJ you may need to have a lawyer represent you at the hearing.

If you lose your Application you would normally have to pay the other side's legal costs.

There is no guarantee that you will win a set aside Application. Some are won and some are lost (particularly by LIPs).

It would be unwise, in my personal view, to make your decision based on the presumption that you can always get a CCJ set aside because it's not necessarily straightforward.

Di

[julies]

Re: Can County Court Claim be issued to the old address for credit card or loan if on

Hi Di,

Thank you for your responses. It makes sense and I understand it is a risk to play the "set aside" card now as the court might for whatever reason decide not to set aside.
Also thank you for the previous post as that makes sense as well and is exactly the reason for my deliberation at this stage, as I would not like to "awaken" a potentially dormant account that could slip into SB and therefore eliminate a lot of hassle ............

Just out of curiosity as we are on this subject at the moment: Do DCAs have some sort of automated system to apply for CCJ for their accounts at some stages approaching the 6 year anniversary? Does it cost them anything to make that application to County Court?