Concerned about other debts

[Aaron]

Hi Everyone,

I posted today regarding a CCJ that has been registered against me for an old Santander overdraft. After receiving advice I am going to ask for proof of the payment they say I made in 2009, and once I'm satisfied, I will pay it in full as I am trying to put ourselves in the best position for a mortgage and can't afford CCJs.

My concern now is though, is if this one has found me from the past, will the others? I had an Egg Card, an MBNA Card, an HSBC personal loan, and a Capital One Card.

The HSBC loan was with a DC for a while, and became statue barred. I have written confirmation from them that this is the case and have not heard anything regarding this debt since.

The Capital One card was for £240, so not a huge amount. I have never been contacted regarding this but am worried it might have gone to a previous address. If I do get a CCJ for this though, due to the amount, I would pay it immediately in order to protect my credit file.

My main concern is the MBNA, and EGG Card. I have not seen any letters for these in many years, and I can't recall seeing any since the address I actually had them in. The Santander account that has registered the CCJ now, was from that address and they made no attempt to find me by way of searches etc, just sent all correspondence to that address and then I got a default judgement.

My question is, is there anyway, short of physically going to all my old addresses, to find out if any other DCs are trying to contact me? So I can deal/dispute/pay anything before it reached the stage of a CCJ? If an amount of £1000+ ends up as a CCJ I'm going to struggle to pay it immediately in order to protect my file.

Any advice appreciated, even if it's to be told that I have to just sit with my fingers crossed.

NB My credit file shows no debts as all have passed 6 years on default date. Santander defaulted in Nov 2008, but I have never seen EGG or MBNA on there. I can only go back as far as September 20014 though. To my knowledge, I haven't made payment to any debts for over 6 years so likelyhood is they are statue barred anyway but would like to know if any DCs are actively trying to contact me before they go to court.

Many Thanks

[stevemLS]

Re: Concerned about other debts

You can search for CCJs that have been made at http://www.trustonline.org.uk/search-yourself, there is a small fee.

Other than visiting old addresses, I would say sit tight, not terribly satisfactory but can't think of anything else to suggest. If you are mates with current occupiers of old addresses, maybe ask them to make sure they forward any mail - even if you are not mates I guess.

[FlamingParrot]

Re: Concerned about other debts

According to the CPR, a claim form must be served to an individual's usual or last known residence. Where the claimant has reason to believe that the address in question is an address at which the defendant no longer resides, the claimant must take reasonable steps to determine the defendant's current address. If he is unable to do so, then he may serve at the last known address.

You were a bit unlucky with the Santander overdraft because it turned out that payments had been made into 2009. If your CCJ search shows no judgments, then if any claim was issued, the debts would be statute barred at the time the claim was issued, provided of course that they were not being paid through the DMC along with the overdraft. In any case, the payments ceased in the summer of 2009, didn't they? That means if they've not yet issued a claim, they would be SBd by the time they did (if at all). In that case, you should be able to successfully apply for set aside on the basis of not having received the claim from AND having a valid defence, as SBd is an absolute defence. :thumb: