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  • Never-In-Doubt
    replied
    Re: mr affable's UE diary

    Originally posted by ScabHunter View Post
    The only reason for wanting to inform an alleged creditor of your new address would be so that if they deliberately sent court papers to the wrong address attempting to get judgment in default, you would be able to prove to the set aside hearing that they had done just that – sent court papers to the wrong address deliberately.

    You wouldn't need to do that if there was a redirect in place to send the mail to your new address.

    Informing an alleged creditor of your new address would not acknowledge any alleged debt unless you did so in an incredibly clumsy way, for example, by saying “this is where you need to write to me about my debt”.

    If you wait until you need to send them a new AAD template, you could just add at the bottom, “Note – my new address from xx/xx will be.....” That would not constitute acknowledgement of any alleged debt.

    SH
    mate. We had this happen to us by Mortimer Clarke. We had one of the top barristers on our side.

    We lost set aside. They can serve papers to god according to the law. Fucking ass.

    Leave a comment:


  • MrsD
    replied
    Re: mr affable's UE diary

    but must you?

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  • mr affable
    replied
    Re: mr affable's UE diary

    Thanks Flowerpower. I think what you are saying is - its up to me but if I do and keep it as a simple update of my address it wont affect anything that has happened between me and my creditors up to now?

    Leave a comment:


  • Deepie
    replied
    Re: mr affable's UE diary

    Originally posted by mr affable View Post
    Thanks for all your comments. If i set up a Royal Mail redirect it will cost money and wont last for ever (unless i keep paying to keep it going). As i dont receive much mail I was thinking it would just be easier to send a short letter to everyone i receive mail from (including my creditors) along the lines of "please note with effect from my new address will be xyz".

    Also i would like to be receiving any mail they might send promptly so i know what they are up to. after all i am not denying that i owe them money just that it is unenforceable - or am i missing the point?

    Leave a comment:


  • mr affable
    replied
    Re: mr affable's UE diary

    Thanks for all your comments. If i set up a Royal Mail redirect it will cost money and wont last for ever (unless i keep paying to keep it going). As i dont receive much mail I was thinking it would just be easier to send a short letter to everyone i receive mail from (including my creditors) along the lines of "please note with effect from my new address will be xyz".

    Also i would like to be receiving any mail they might send promptly so i know what they are up to. after all i am not denying that i owe them money just that it is unenforceable - or am i missing the point?

    Leave a comment:


  • ScabHunter
    replied
    Re: mr affable's UE diary

    Originally posted by mr affable View Post
    I know I would like to just not tell them but presumably I should do and my question is - if I advise of my new address is this effectively acknowledging my debt?
    The only reason for wanting to inform an alleged creditor of your new address would be so that if they deliberately sent court papers to the wrong address attempting to get judgment in default, you would be able to prove to the set aside hearing that they had done just that – sent court papers to the wrong address deliberately.

    You wouldn't need to do that if there was a redirect in place to send the mail to your new address.

    Informing an alleged creditor of your new address would not acknowledge any alleged debt unless you did so in an incredibly clumsy way, for example, by saying “this is where you need to write to me about my debt”.

    If you wait until you need to send them a new AAD template, you could just add at the bottom, “Note – my new address from xx/xx will be.....” That would not constitute acknowledgement of any alleged debt.

    SH

    Leave a comment:


  • Deepie
    replied
    Re: mr affable's UE diary

    Originally posted by mr affable View Post
    I know I would like to just not tell them but presumably I should do and my question is - if I advise of my new address is this effectively acknowledging my debt?
    No it doesn't........... but think twice

    Leave a comment:


  • MrsD
    replied
    Re: mr affable's UE diary

    I wouldn't let em know, I presume you'll redirect your mail?

    Leave a comment:


  • mr affable
    replied
    Re: mr affable's UE diary

    I know I would like to just not tell them but presumably I should do and my question is - if I advise of my new address is this effectively acknowledging my debt?

    Leave a comment:


  • Deepie
    replied
    Re: mr affable's UE diary

    Originally posted by mr affable View Post
    I have stopped making any payments to anyone except Halifax (which is enforceable) are you meaning that I should stop paying Halifax as well (even though I have just written to them saying I will continue to pay my nominal £1)?

    Also as an aside I am soon due to be moving to another rented property - presumably i do need to keep my creditors updated with my new address? I mean this wont affect my SB time clock?
    I Wouldn't if it was me ...........

    Leave a comment:


  • mr affable
    replied
    Re: mr affable's UE diary

    Further to my post #113 if I update my creditors with my new address will this effectively acknowledge my debt?

    Leave a comment:


  • Pixie
    replied
    Re: mr affable's UE diary

    I take they've just taken over the collection of the debt. If so, I would send them Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

    Leave a comment:


  • mr affable
    replied
    Re: mr affable's UE diary

    Have just received a 'notice of debt collection' from Wescot on behalf of Capital One. Presumably I can ignore it as Niddy says Capital One debt is unenforceable?

    Leave a comment:


  • mr affable
    replied
    Re: mr affable's UE diary

    Oh well - don't owe much to them anyway!

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  • Never-In-Doubt
    replied
    Re: mr affable's UE diary

    Originally posted by mr affable View Post
    CCA received from Northern Rock. Emailed copy to Niddy for his thoughts.
    not good unfortunately. It's

    Sorry mate. Not much we can do here, it's pretty bloody good to be quite frank.

    Leave a comment:

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