CC Co Won't Acknowledge I'm in Oz

[ScotinOz]

Hi - I followed some advice on here to ensure that my UK credit card companies that I owe too were aware that I was now in Australia. This is to ensure they don't raise a CCJ against me. I've actually not lived in the UK for 2.5 years however only recently defaulted on my cards due to unforeseen circumstances.

 

I've written to Capital One half a dozen times to advise them of my change of address and I've had either no response or a letter thanking me and asking me to ring them in order to update their records. This was posted to my Australian PO box one week then the following week a letter was sent to my old address ( which I get redirected to my PO box in Oz) stating that I'm in default and a nominated representative will contact me shortly. I also sent a recorded delivery / signed on delivery letter to them advising of my address change although I've not had the signed card back yet.

 

Questions I'm hoping someone can help me with ...

 

Why wouldn't they send this default notice to the newly advised Australian PO box No ?

Should I call them ? Or is this an admission / start the clock again ?

Could they raise a CCJ at my old address ? (there have been new people in the house for almost 3 years)

Any ideas how I stop them sending letters to my old address and start sending to my PO box ?

 

Any help would be much appreciated.

 

SIO

[dpick]

I would advise contacting the ICO to inform them that despite your advising Capital One of your new address by recorded delivery (that they signed for), Capital One are still sending letters to your old address some two and a half years after you moved to OZ.

 

dpick

[cerberusalert]

Cap1 will eventually sell the debt on to a debt collection agency & I very much doubt whether they'll pass on your new address anyway.

 

As things stand in Oz at the minute there is very little they can do with an agreement which is covered by CCA 1974 as the Oz courts are refusing to hear any claims.

 

Even if they did obtain a CCJ in the UK you could get it set-aside as you are no longer a UK resident & you have documentary proof that you notified Cap1 of that fact.

[ScotinOz]

Thanks cerberusalert - I'd prefer that it didn't get to that. Ie getting a CCJ set aside etc. If they did raise a CCJ how would I know. Would they advise by letter to my old address ?

 

dpick - what would ICO do if I were to advise them ? and should I advise Capital One that I'm doing this. (Ps - I sent recorded delivery but never got the signed postcard back !! ) Should I try again ?

 

Thanks for the help folks

[cerberusalert]

Thanks cerberusalert - I'd prefer that it didn't get to that. Ie getting a CCJ set aside etc. If they did raise a CCJ how would I know. Would they advise by letter to my old address ?]

If the court papers are sent to your old address & you are in contact with the new occupants if any papers turn up if they email you to let you know you can put a defence in straight away that you are not a UK resident.

[cerberusalert]

dpick - what would ICO do if I were to advise them ?

 

Under the Data Protection Act Cap1 must ensure that the data they are processing is correct, that includes your address.

[ScotinOz]

Do you think I should call them as they requested in the letter to discuss ?

[dpick]

No all that is for is to badger/threaten you into making a payment. As above report them to ICO

 

dpick

[unclebulgaria67]

The current owner of the debt, should mark the credit record as gone away. But they won't do that, as it could affect them selling the debt on. I had a relative who moved abroad and loads of DCA's were advised of this. Only after about 8 years, did a DCA eventually note their credit file as gone away, as they realised the debt was never going to be repaid.

 

As advised, it would be worth making a complaint under Data Protection and if they don't comply, then further the complaint with the ICO.

[3tea]

The reason they are doing this is to call your bluff in my view, as they probably suspect you are still in the UK.

 

I had the same problem with CapOne, and eventually I rang them.

 

They stated that they could not accept a NZ PO Box as an address, quoting 'You can't live in a PO Box'.

 

My response was that this was the address I had, I was not in the UK and could prove it, and basically do your worst etc etc....

 

The only real trump card they have is to retain the UK address in order to get the requisite CCJ they want.

 

There is one thing that is commonly overlooked, and that is the HM Court Service website.

When making a claim against a debtor, a creditor goes to the money claim web site of the Court Service and fills in a 'Particulars of Claim' section, whereby they set out what they are claiming and why.

 

A prerequisite of the claim process is that the address for service of the summons 'appears to the Court to be in England or Wales'

It actually states this is a requirement.

 

Clearly an old address actually in England and Wales is precisely that, but if you have told them where you are, and have correspondence sent by them to your Oz address, then you can prove they know where you are.

 

So if they then claim using a UK address they are effectively lying to the Court, which is extremely naughty indeed.

It transpired that CapOne had done this to me when I received a summons redirected to NZ from my old UK address.

 

I had 11 letters in my possession sent by them to my NZ address, and so contacted CapOne to say that I would be making a complaint to Police alleging that they may have committed a criminal offence.

 

I contacted the Court about a week later to point out that the reason I had not responded to the Claim Pack was that I was in NZ, and had received it after the date by which I had to respond, only to find that CapOne had withdrawn the claim the day after I had threatened them.........Result!!!!!

 

Not heard from them since.

[ScotinOz]

Hi 3tea - Thanks I think your right and this is why I'm nervous that a CCJ is raised and I'd need to go through the same pain as you did.

 

So would you recommend calling or should I re-write saying that I'll be contacting the ICO ?

 

Bye the way My old house was in Scotland so not sure if that makes a difference.

 

SIO

[ScotinOz]

Hi - Update is that I wrote to Capital One advising AGAIN that my address had changed and that under the data protection act Capital One must ensure that the data they are processing is accurate and that I would contact the ICO if they didn't ensure my details were updated. I've not had a response yet ..... although I don't expect to as that was only a few days ago.

 

Development has been that a DCA or Financial Services company has contacted me AT MY OLD ADDRESS demanding payment.

 

I assume this means that Capital One have passed on the debt to a DCA already. This was very quick as I only defaulted this month.

 

My question again is around CCJ. Can the DCA or Capital One raise a CCJ against me at my old address and when would they normally do this in the process ?

 

As I said my worry is that a CCJ is raised and I'm unaware of it. I have all my mail redirected from Scotland to Australia however I'm going away for 4 months soon on business and I'll not have access to my PO box to collect my UK Mail. Hence my worry is I can't get it set aside as suggested.

 

Should I contact the DCA to update my address ? What are the timelines for a CCJ. ( By the way I previously lived in Scotland so it would be the Scottish equivelant to CCJ).

 

Thanks in advance for your help.

 

SIO

[cerberusalert]

I assume this means that Capital One have passed on the debt to a DCA already. This was very quick as I only defaulted this month.

It's more likely to be their 'in-house' collection team.

My question again is around CCJ. Can the DCA or Capital One raise a CCJ against me at my old address and when would they normally do this in the process ?

They cannot legitimately obtain a CCJ against a non-UK resident. If they did you could have it set-aside.

As I said my worry is that a CCJ is raised and I'm unaware of it. I have all my mail redirected from Scotland to Australia however I'm going away for 4 months soon on business and I'll not have access to my PO box to collect my UK Mail. Hence my worry is I can't get it set aside as suggested.

It is unlkely that they will attempt to obtain a CCJ, particularly as the a/c has only recently entered into default. Cap1 and the majority of other creditors go through a process of sending numerous letters etc which goes on for several months, then they periodically sell portfolios of debts to outside DCAs.... this could well be a year or more later.

Should I contact the DCA to update my address ?

Who is the DCA?

[dpick]

Advise the DCA of new address as above they will probably drop the account like a hot brick.

 

dpick

[Old Cogger]

they always go to their in house collection team for threats/telephone threats, for 1 year or so was in my case before RMA who ran as disputed.

[Old Cogger]

Advise the DCA of new address as above they will probably drop the account like a hot brick.

 

dpick

 

Probably would.

[Old Cogger]

Advise the DCA of new address as above they will probably drop the account like a hot brick.

 

dpick

 

They probably just claim back tax and get a little money from some gullable DCA, i.e. commercial decision.?

[ScotinOz]

Hi there - Checked my mail again this week and yet another letter has arrived to my old address ( still getting redirection) this time from Power2contact who say they have been instructed by Capital One to visit my address (Old UK address) to collect my debt. The letter refers to how much I owe etc.

 

Should I write to them to advise them of my change in address and if I did would this be classed as acknowledging the debt.

 

They mention that if I don't respond before 72 hours they will end someone to the house. You may ask why I'm so concerned ... well i lived in a small neighbourhood and still have many friends there who know the people now living in our old house. This combined with the worry that they raise a CCJ against this house address when Capital One already know that I've moved to Oz.

 

Any advise would be appreciated. Should I ignore or write / call this Power2Connect company ?

 

SIN

[cerberusalert]

Part of the DCAs tracing techniques is to telephone immediate neighbours trying to glean information on people. The chances are a couple of neighbours already know or at least have an inkling.

 

Should I write to them to advise them of my change in address and if I did would this be classed as acknowledging the debt.

You could contact them enclosing the following; http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt it's not an admission and puts the ball back in their court by having to prove a debt exists & of course contacting you in Oz.

[Old Cogger]

Part of the DCAs tracing techniques is to telephone immediate neighbours trying to glean information on people. The chances are a couple of neighbours already know or at least have an inkling.

 

You could contact them enclosing the following; http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt it's not an admission and puts the ball back in their court by having to prove a debt exists & of course contacting you in Oz.

 

A method against Guidelines??

[cerberusalert]

You could save the cost & time in postage and fill out an online contact form http://www.creditsolutions.co.uk/contactus.html or email them direct; info@creditsolutions.co.uk

[cerberusalert]

A method against Guidelines??

 

Since when has any DCA strictly adhered to any guidelines?

[Old Cogger]

Since when has any DCA strictly adhered to any guidelines?

 

 

Well there was Um?? then there was Um??? then there was Um??? then there was Um??

 

as we all know, but at least the peep will know that there is a guideline abeit ignored?!!:mad2:

[ScotinOz]

Thank you for the replies

 

I've e-mailed the DCA and used the online Messenger on their website so we'll see where that takes me.

 

I find it strange that the Credit card company took no time at all to pass to a DCA and at the same time have been ignoring my request to change contact details.

[cerberusalert]

Your a/c will be one of hundreds if not thousands that will have been passed on in a portfolio of debts. The DCA will probably be acting on behalf of the creditor at the minute but no doubt the debt will be sold eventually.