Starting to deal with debt

[Hackney Woman]

Hi, I got myself into a lot of debt starting around 2007/8 which ultimately led to me stopping paying any bills or opening any post and being evicted from a hosing association property in early 2010. Since then I have been either lodging or livin with friends and have not appeared on the relevant electoral roles or had anything like utilities bills in my name or my drving licence updated to the new addresses from the time of eviction.

I am now trying to sort out these debts and have approached the three main credit report companies for information. Experian and CallCredit have both refused to give any information on the grounds of data protection as I am not able to provide them with the proof of address they require. Equifax have sent a report which gives information on my Lloyds bank and credit card debts plus a CCJ from 2008 that I don't know what it is far but has at least allowed me to approach the court for further information.

I am lucky in that I only ever had one current account and one credit card (No store cards etc) but I am struggling to get information on utilities debts or a response from the housing association. At this point I can't remember who my gas, electric, telephone and broadband suppliers were never mind the debt. Does anyone know how I can track down those debts without randomly approaching debt collection agencies as that is one bear I don't want to poke until I have a plan of action worked out.

The council have replied to an email of mine giving me my council tax debts, (£410.49 for one address and £6838 for the one I was evicted from. This second debt of £6838 is with a debt collection agency called Ross and Roberts. I have no idea how the debt figure has been reached as I never told the council I was living there, it was a one bedroom flat, probably only lived there for two years at most and I would have been due a single person discount. The property was unoccupied for several months prior to my moving in, it is possible that I am being charged from the time the previous occupant vacated the flat to the time the tennant after me moved in but the number is still suspiciously large.

Any advice on how to locate debts would be appreciated, I'm aware that when I got to seek either LVA or bankruptcy that I need to be able to show that I have taken all reasonable measures to identify my debts.

Many thanks.

[nemesis45]

Re: Starting to deal with debt

Hi, welcome,

I'm afraid you are going to have very great difficulty in tracking down these debts without being able to supply address details over at least 3 years.
Are you receiving any contact at all from creditors or DCA's?

The council tax debts will follow you around and are a priority as if it is decided to take the matter back to the magistrates it could
result in a custodial sentence.
If the debts for CT are with bailiffs R & R then the amount has grown because of their fees.

For the bank debts a Subject Access Request to the bank is the easiest way to get data, the SAR is made under the Data Protection Act 1998 and requires the bank to supply all personal data they hold on you, there is a £10 Statutory Fee payable (for this use a £10 postal order marked for "statutory fee" only. the bank has 40 days to comply.

You will need the addresses you lived at while the account was open and some proof of your current address and the account numbers if possible.

You will really need to re- establish your " identity" get on the electoral roll and if you do my guess is you will soon be contacted by creditors and DCA's.

That said if these debts have had no payment and no unequivocal written acknowledgment in 6 clear years then they will have become statute barred preventing court action.

It is a very major step filing for BR and is not cheap take care on this and seek qualified legal advice.

Last point but an important one Do Not get in to telephone negotiations with debt collection agencies, any written communication you make should include the statement I do not acknowledge any debt to company name.
This will prevent the 6 year stat barred clock from restarting if any debt is close to the six year time scale.
nem

[FlamingParrot]

Re: Starting to deal with debt

Hi, I got myself into a lot of debt starting around 2007/8 which ultimately led to me stopping paying any bills or opening any post and being evicted from a hosing association property in early 2010. Since then I have been either lodging or livin with friends and have not appeared on the relevant electoral roles or had anything like utilities bills in my name or my drving licence updated to the new addresses from the time of eviction.

I am now trying to sort out these debts and have approached the three main credit report companies for information. Experian and CallCredit have both refused to give any information on the grounds of data protection as I am not able to provide them with the proof of address they require. Equifax have sent a report which gives information on my Lloyds bank and credit card debts plus a CCJ from 2008 that I don't know what it is far but has at least allowed me to approach the court for further information.

Although CCJs don't go statute barred, if the creditor has not attempted to enforce the judgment in the first 6 years after obtaining it, they won't be able to enforce now. :thumb:

I am lucky in that I only ever had one current account and one credit card (No store cards etc) but I am struggling to get information on utilities debts or a response from the housing association. At this point I can't remember who my gas, electric, telephone and broadband suppliers were never mind the debt. Does anyone know how I can track down those debts without randomly approaching debt collection agencies as that is one bear I don't want to poke until I have a plan of action worked out.

I don't know what you are trying to achieve by tracking down your creditors. If they are not contacting you, the best thing to do would be to let sleeping dogs lie.

I've not heard from my creditors since Jan 2012 and the last thing I'd want to do is to approach them! :scared: :scared: :scared:

Some of these debts may already be statute barred, with others the clock will be nicely ticking away. :clock: :clock:

Acknowledging the debt, even without making a payment, would restart the clock (unless the debt was already SBd).

The council have replied to an email of mine giving me my council tax debts, (£410.49 for one address and £6838 for the one I was evicted from. This second debt of £6838 is with a debt collection agency called Ross and Roberts. I have no idea how the debt figure has been reached as I never told the council I was living there, it was a one bedroom flat, probably only lived there for two years at most and I would have been due a single person discount. The property was unoccupied for several months prior to my moving in, it is possible that I am being charged from the time the previous occupant vacated the flat to the time the tennant after me moved in but the number is still suspiciously large.

Any advice on how to locate debts would be appreciated, I'm aware that when I got to seek either LVA or bankruptcy that I need to be able to show that I have taken all reasonable measures to identify my debts.

Many thanks.

Why would you like to do that when your debts are nearly statute barred? Both an IVA and BR would remain on file for 6 years from the date you are made bankrupt or enter into an IVA, both are forms of insolvency likely to have serious consequences beyond just the ability to obtain credit.

Have you heard the saying "never wake a sleeping puppy?"