jonesyd UE Diary

[ScabHunter]

Re: jonesyd UE Diary

Have you got a domain email? If so, you can use a software such as Mailwasher to bounce the email and make it look as though the address is no longer valid.

If not, just mark it as spam. Hopefully your email software will soon get the message and divert all emails from that address straight to the spam folder.

You could also block the address. Most email providers allow you to block a certain number of known nuisance addresses.

SH

[jonesyd]

Re: jonesyd UE Diary - 2016 update

Hi there all,

As of a few weeks ago I am back living int he UK, at least until November of 2016. Then back to the US, probably permanently.

I've been at my new UK address for around a month, where I have a 6 month rental agreement, and yesterday I received a letter from Citi notifying me that my "outstanding account" with them has been sold to Cabot Financial. First of all, I'm fairly amazed that it has only taken them a few weeks to trace me through my council tax, power bills, etc - quite impressive! Secondly, I'm kind of nonplussed that they would be still be interested in pursuing this fully 6 years (May 2010) since I last made a payment and fully 5 years (March 2011) since I had any communications with them whatsoever. As I understand it, the statutory limitation on debt is 6 years since the last collected payment, so I'm guessing that I'm safe from them but would be interested to know what you think.

I have a separate question: is it possible/permitted for any of my creditors from June 2010 to have pursued me in County Court, even though I have been living abroad permanently and have had no communication with them at all? I have a feeling that this may have occurred on the MBNA card debt (which was the largest).

Cheers, Jonesyd

[nanna58]

Re: jonesyd UE Diary

Hi and welcome home albeit for a short while.As I understand SB is from the first missed payment I.e. missed payment the next month that it is due , so if you paid May and not June it's 6yrs from then .Though I believe there is a bit of uncertainty in that area at the moment ,but someone will be here to guide you more than I can.As for your second question I don't know sorry .xx

[MrsD]

Re: jonesyd UE Diary

may well be a wee last minute desperate phishing expedition, I'd do nothing for the moment but come right back on if you get anything else. Cabot are very litigation happy at the moment and are dragging up all sorts of old rubbish in the hope of making a fast buck.

[jonesyd]

Re: jonesyd UE Diary

Thanks both. So great that this resource is still active and helping so many people out!

I guess I need to check back through my records and find our exactly when the last collected payment date was. I'm 99% sure it was in May 2010 and that June 2010 was thus the first missed payment, which would mean that we're right on the edge of that for the purposes of statute barring (depending on whatever "grey area" there might be.)

The CCJ question: I think I'll have to investigate further on that to confirm (or not) if it actually happened. Assuming it was, the reading I've done today seems to say that I would have a very good case for the CCJ to be set aside as I received no notifications and was not even physically in the UK at the time. So that throws up another question: if I apply for a CCJ set aside via a 12EW on a date AFTER the 6 year statute bar has passed, would that be end of it forever?

[BuzzyBee]

Re: jonesyd UE Diary - 2016 update

I have a separate question: is it possible/permitted for any of my creditors from June 2010 to have pursued me in County Court, even though I have been living abroad permanently and have had no communication with them at all? I have a feeling that this may have occurred on the MBNA card debt (which was the largest).

Yes, it is possible for your creditors to have taken court action against you while you were abroad. Did you notify them of your new address in the States or provide a contact address in the UK when you left? They could have issued a claim and sent it to your last known address, it happens quite a lot. If that had been the case, they'd have obtained default judgment against you when you failed to respond to the claim. If you want to find out whether someone has obtained a CCJ against you, you can do it here for a small fee: http://www.trustonline.org.uk/search-yourself. CCJs stay on record for six years so anything from June 2010 onwards would still show up there.

[BuzzyBee]

Re: jonesyd UE Diary

Thanks both. So great that this resource is still active and helping so many people out!

Indeed! I remember coming across this resource shortly after it became live but it's been so long I've no idea what name or email address I'd have used back then.

The CCJ question: I think I'll have to investigate further on that to confirm (or not) if it actually happened. Assuming it was, the reading I've done today seems to say that I would have a very good case for the CCJ to be set aside as I received no notifications and was not even physically in the UK at the time. So that throws up another question: if I apply for a CCJ set aside via a 12EW on a date AFTER the 6 year statute bar has passed, would that be end of it forever?

You need to check the public record as noted above to see if there are any CCJs recorded against you. With regards to the set aside, the answer is no, the six year period would have ended at the time the claim was issued. If the debt was already statute barred at that time, then you'd have a very good case. If the claim was issued BEFORE the six years ran out, then you couldn't use statute barred as your defence in your set aside application, you'd have to find another argument. You need both a reason not to have been able to respond to the claim AND a viable defence for set aside to succeed.

[jonesyd]

Re: jonesyd UE Diary

Thanks Buzzy Bee. When I left the UK in March 2011, I sent a letter to each of my creditors which said the following:


"You will know, from my last letter to you, my position in regard to the above account: if you cannot provide me with an agreement complying with the provisions of the Consumer Credit Act 1974, and you have failed to do so, the above account is rendered unenforceable.

I now wish to make you aware that as of the date of this letter I will be permanently leaving the UK. I will no longer maintain a permanent address or telephone number in the UK and, as I will be travelling for the foreseeable future, I will also not have a permanent address abroad. If you (or your agents) wish to contact me, I suggest you do so via the email address I have previously provided you with.

Please be aware that if in my absence you should apply for a court judgement against me, upon notice of it I will immediately apply for it to be set aside by reason of unenforceability.

Yours faithfully, etc"


There was a Royal Mail redirect on my old UK address which ran for 2 years from February 2011 to February 2013 which forwarded post to my mother's address in the UK, and no court documents ever arrived there in that period. So any CCJ stuff will have happened after that period and by 3rd party debt enforcement characters. Would the court seriously have expected me to make my whereabouts known to my creditors after February 2013, even if I was not in receipt of any communication from them?

[nanna58]

Re: jonesyd UE Diary

It's probably not a good idea to credit check etc as that throws up red flags to whomever they can see searches and thus jogs the memory ..x

[jonesyd]

Re: jonesyd UE Diary

It's probably not a good idea to credit check etc as that throws up red flags to whomever they can see searches and thus jogs the memory ..x

Nanna, I don't quite follow, do you mean the http://www.trustonline.org.uk/search-yourself thing?

[nanna58]

Re: jonesyd UE Diary

Not so sure about trust online, but it is always suggested not to check or apply for anything as it announces you are about and still breathing thus the DCAs can circle .I haven't checked for years now .x

But yes that kind of thing.x

[cymruambyth]

Re: jonesyd UE Diary

I certainly would not do any CRA checks, but would be tempted to check trust online. If you have a CCJ and are planning on leaving permanently for the USA I may be tempted to ignore, unless it would impact on your residency.

[Never-In-Doubt]

Re: jonesyd UE Diary

You ought to continue with your new life abroad and stop worrying about this. If you have no UK assets they can get as many CCJ's as they want - what then?....

I'm not sure why you're even bothered - you said yourself you have no intentions of moving back here permanently and you have no assets - so basically, who cares if they get a CCJ - it's futile with no assets to secure it against! Of course, if these would affect entry in the US / US Visa then you need to work something out.

If it was me I would not check anything - as it won't matter either way will it? Trust Online is correct to search for CCJ's etc but that only works on address and if you have various possible addresses that they could have used then you'll pay a few quid - so why bother?

The CCJ question: I think I'll have to investigate further on that to confirm (or not) if it actually happened. Assuming it was, the reading I've done today seems to say that I would have a very good case for the CCJ to be set aside as I received no notifications and was not even physically in the UK at the time. So that throws up another question: if I apply for a CCJ set aside via a 12EW on a date AFTER the 6 year statute bar has passed, would that be end of it forever?

No you'd not have a good chance for set aside - the fact you weren't in the UK or indeed weren't notified doesn't give an automatic defence. However if they did get one and it's a few years old they'd struggle to enforce it - without going back to court.

My point above stands - if you aren't staying here and have no assets why are you even bothered what is registered against you? It won't affect you.....

A CCJ never goes SB - however after a few years of being registered and not enforced the CCJ owner would need to apply to the court and they may not allow them remedy to enforce. There are loads of different permutations regards this so don't be unnecessarily worrying.

[Never-In-Doubt]

Re: jonesyd UE Diary

Indeed! I remember coming across this resource shortly after it became live but it's been so long I've no idea what name or email address I'd have used back then.

We can trace you - send me a PM and I'll find your original account if one exists. Using a temporary email account immediately puts us on the defence - ie who uses those things unless they're out to cause trouble....?

[BuzzyBee]

Re: jonesyd UE Diary

We can trace you - send me a PM and I'll find your original account if one exists. Using a temporary email account immediately puts us on the defence - ie who uses those things unless they're out to cause trouble....?

Between 2008 and 2011 I was out of work, with no money and lots of time at home so I joined a lot of forums, including all the well known ones like CAG, MSE, GOODF, etc. Up until then, I'd been running several online outfits so I had lots of email addresses on each domain. I didn't renew the domains or the hosting packages they were on so I lost access to all of them years ago. In 2012 my hard disk crashed and I didn't have back-ups so I lost everything I had on there. I always relied on my favourites and the browser remembering my details on each site. After all these years, I vaguely remember the names of some of the sites I used to belong to but very little else, certainly not the details I'd used. I barely remember this site being set up at around the time I was going round the forums so I'm not even sure whether I actually signed up on this one or just thought about it at the time. It looked like an interesting site because it focused on a specific area, glad to see it has survived all these years, some of the ones I remember seem to have gone dormant.