Advice please

by purplesproutingbroccoli1 Sun Jan 23, 2022 6:05 pm

Hello, hope you are well.

I have a few questions:

Background:
I took a loan a few years ago of 15k. I paid it off monthly for a few years totalling 3k in direct debits. I have since sold my house and move and then paid off the rest of the loan. Having learnt some of the banking tricks, i did a direct debit clawback and took back the 3k. It appeared in my account the next day. It has been over 28 days and have heard nothing back regarding a counterclaim. However the original creditor would only have my old address. I would not be surprised if they wrote to my old address or maybe one day visit or even sell to debt collectors. Obviously they will not (or should not be able to) get my new address to write to me or visit me. So I am waiting to see if it may be on my credit score as a default.

So what should I expect? Debt collectors/original creditors should not be able to find me due to change of address.
If they ever did then I am assuming I could send a DSAR and then the 3 letters followed by an Affadavit?

What do other people suppose may happen in this instance. One does hope that the creditor think, "we can't find him and we still got most of the money (as well as already being paid in full when cashing the original promissory note." and then not bother me or my credit score (not that I plan on getting more credit)...

Any advice welcome... thanks Smile

by **daveiron** Sun Jan 23, 2022 6:21 pm

Personally i would not hide from it ( its your decision of course)
You may well find you will get a CCJ against you ,If they do not have a
contact address for you ,they may just use your old address.
Consider sending a DSAR from a C/O address.
In the meantime i would strongly suggest you study and learn the NoCA
method.
Of course if you are not bothered about your credit score its not important.

by purplesproutingbroccoli1 Sun Jan 23, 2022 6:26 pm

Thanks Daveiron. I don't want my credit rating to go down in particular but it would not be the end of the world.

I might send a DSAR notice to them. Am I right in thinking the 3 letters NoCA are all the same letters but with different dates and each referring to the previous notice?

Is there a way of getting a CCJ written off?

by **daveiron** Sun Jan 23, 2022 6:33 pm

Ok, dont get confused between the 3 letter system and the NoCA method.
https://goodf.forumotion.com/t5263-the-new-goodf-approach-please-read-this-first

by purplesproutingbroccoli1 Sun Jan 23, 2022 6:48 pm

Thank you daveiron - what would you recommend as a c/o address, i am hesitant to give my current address and the only other place is my work address. Unless I can use a PO BOX? I also no longer have my loan account account number, but it does not look like I need that for a DSAR, is that correct?

How long does it take for an OC to apply a CCJ? Do they need to pass it to a DCA first? Will it just suddenly pop up on my credit file? Not sure if I should rock the boat and contact them until it becomes obvious they are trying to get at me..?

Thanks

by **daveiron** Sun Jan 23, 2022 7:09 pm

Do you have a family member or friend whos address you could use?
Its really only for one letter ( the DSAR) there is an alternative you could
look into; https://www.postoffice.co.uk/mail/poste-restante

by **daveiron** Sun Jan 23, 2022 7:16 pm

Sorry forgot to add , Your name & former address should be all you need
for the DSAR just ask for ALL information they hold on you,this should
show if they have sent anything to your old address in your absence.
They must supply everything within 1 month.
No they can a case themselves.

There is a large backlog in the court system ,but i would not rely on
that too much.

by purplesproutingbroccoli1 Sun Jan 23, 2022 7:43 pm

I appreciate your swift replies - i seem to have got my self in a pickle here! Not one that isn't resolvable I suspect.

I can use a relatives address although would that end up with them receiving mail regarding an alleged debt and/or baillifs turning up to scare them?

What does "no they can a case themselves" mean? Do you mean the OC can apply a CCJ themselves as soon as they can't get a reply out of me at my old address?

by **daveiron** Sun Jan 23, 2022 8:41 pm

Dont worry about bailiffs ,they are not often used and can be easily stopped.
If you decide to use the NoCA route ,it should stop any court action because
you are not refusing to pay.

Make sure you put C/O for your relatives address.

Yes the OC can bring a court action, when you comprehend the NoCA method
and have sent them the first notice ,you should be halfway to success as the
information you will be requesting from them is info they will never supply as it
will expose their practices .
So the sooner you study the method via the links provided the better,
One other thing ,when you comprehend that system ,you will see it can be used
for many other unrelated matters.

by purplesproutingbroccoli1 Sun Jan 23, 2022 9:38 pm

Thanks so much for your advice. From what i know and have studied so far it looks quite simple and makes perfect sense. It is a game of chess and based on me having fear. Wish I had done it before it was paid off.

I do not want my relatives to get in trouble if I put them as C/o or to have to know what is going on? Would it just be easier to put my own address and put it as C/o?

by **daveiron** Sun Jan 23, 2022 10:36 pm

Your relatives will not get any trouble ,all they are providing is a tempory
place to have your mail delivered ,you do not have to provide their name.
If you put C/O of your own address ,a simple check on the electoral roll
we show them where you are ( if you are on the roll).

Try not to overthink things ,just learn the process and dont rush anything.

by **assassin** Mon Jan 24, 2022 3:29 am

I would heed Daves advice but add I would only use a trusted family member or friends address because if you do this through the Post Office they require a current address and identity and you are reliant upon them managing this data and not divulging it and their system is not very secure.

If you have a trusted friend or family member they need the ability to potentially stand up to bailiffs and others as they will threaten them into giving your current address or other personal details so they can trace you.

by purplesproutingbroccoli1 Mon Jan 24, 2022 9:06 am

Thanks for all your kind advice. I have decided against sending to a family member as that would be unfair. I have selected a local post office with the Restante service - which looks handy and fine to do. I phone the OC for details of who to send DSAR to. They said they had 40 days to reply. Anyway, i have slightly reworded the DSAR to make it mine.

I will update you on the progress. I have also subscribed to youandyourcash so I can be more self sufficient.

Thanks

by purplesproutingbroccoli1 Mon Jan 24, 2022 3:27 pm

Hello, I see that in the goodf guide that it says not to send to a PO BOX. The address I was given for where to send the DSAR request to original creditor is a PO BOX? Should I be sending it somewhere else?

by **daveiron** Mon Jan 24, 2022 4:49 pm

Yes their head office address will be (usually) in small print at the bottom
of any correspondence from them. If you cannot find it look on Companies House
website or Company Check.

by **assassin** Mon Jan 24, 2022 6:53 pm

daveiron wrote:Yes their head office address will be (usually) in small print at the bottom
of any correspondence from them. If you cannot find it look on Companies House
website or Company Check.

If you look on Companies House and it gives you an address then this is the service address for documents and this can be used.

I like to run a short video clip of me posting correspondence and attach it to a file and when they start making excuses then you have proof of postage and the video has the time and date on it, proof of postage is also proof of delivery.

by purplesproutingbroccoli1 Mon Jan 24, 2022 7:50 pm

Hello
I've found the head office as well and just stuck "legal department" at the top. So i've covered both bases and sent to the one they told me to over the phone and also to the main HQ.

The OC also has a lot of other operations going on but there wasn't a specific XXX money or XXX loans head office but hopefully that will do. I will keep checking in at the local post office to see if they write back.

Am i expecting a large file of papers back?

Assassin, do you pay for it at the post office and then drop into the post box. I just handed mine over the counter and paid, took the signed for delivery, i couldn't really make a video of that. Smile

I do feel a bit more peaceful about the situation. Ta

by **daveiron** Mon Jan 24, 2022 7:56 pm

From now on ,no more contact except via Royal Mail ,I would advise useing
Recorded delivery as that gives you not only proof of delivery but also a
tracking number you can quote in your notices later.

by purplesproutingbroccoli1 Mon Jan 24, 2022 10:13 pm

Ok, signed for gave me a tracking number, it just isn't tracked every step of the way.
what do you normally get back from a DSAR? A wedge of papers or nothing of substance?

Also, it made me think, do some people just pay council tax or energy bills via a credit card and then do this process to discharge the alleged debt? Although it looks simpler to do A4V or endorsement for these things?

by **daveiron** Mon Jan 24, 2022 10:31 pm

Yes thats right (signed for) You should get a large wad of statements
and all paperwork they have relating to you. Am i correct that what you
are looking for is whether they have written to you about the claw back.

What you may find handy is next time you go to the post office ,ask them
for some signed for labels ,this will enable you to quote the tracking number
in the letter/notice you send.

by purplesproutingbroccoli1 Tue Jan 25, 2022 10:01 am

I have the tracking number on the receipt they gave me so I can quote that in the next notices. But I will also get some signed for stickers for future.

I am not just looking to see if they wrote to me since the clawback but was hoping to dispute the whole alleged debt, or at least the amount that I have clawed back, so that all communication will cease from thereon, I am writing to them to remain in honour so that no CCJs or credit score hits can happen.

by purplesproutingbroccoli1 Tue Jan 25, 2022 2:54 pm

purplesproutingbroccoli1 wrote:I have the tracking number on the receipt they gave me so I can quote that in the next notices. But I will also get some signed for stickers for future.

I am not just looking to see if they wrote to me since the clawback but was hoping to dispute the whole alleged debt, or at least the amount that I have clawed back, so that all communication will cease from thereon, I am writing to them to remain in honour so that no CCJs or credit score hits can happen.

I am hoping I am on the right path to do this? If they are sending me all info they have on me then that should include the original contract for the alleged debt (although it has most likely be sold on)? Therefore, no debt ever existed?

by Mrblue2015 Tue Jan 25, 2022 3:10 pm

purplesproutingbroccoli1 wrote: I am hoping I am on the right path to do this? If they are sending me all info they have on me then that should include the original contract for the alleged debt (although it has most likely be sold on)? Therefore, no debt ever existed?

Yes it will include the contract that relates to the alleged debt. But a contract alone is not enough to evidence that any outstanding sums are still due.

by purplesproutingbroccoli1 Tue Jan 25, 2022 3:17 pm

Mrblue2015 wrote:
purplesproutingbroccoli1 wrote: I am hoping I am on the right path to do this? If they are sending me all info they have on me then that should include the original contract for the alleged debt (although it has most likely be sold on)? Therefore, no debt ever existed?

Yes it will include the contract that relates to the alleged debt. But a contract alone is not enough to evidence that any outstanding sums are still due.

Smashing, so when they send me their info they have on me, possibly including the original alleged contract which they never signed with a wet ink signature with me present. Then I will proceed with the 3 notice's of conditional acceptance.

by **assassin** Tue Jan 25, 2022 4:05 pm

purplesproutingbroccoli1 wrote:Hello
I've found the head office as well and just stuck "legal department" at the top. So i've covered both bases and sent to the one they told me to over the phone and also to the main HQ.

The OC also has a lot of other operations going on but there wasn't a specific XXX money or XXX loans head office but hopefully that will do. I will keep checking in at the local post office to see if they write back.

Am i expecting a large file of papers back?

Assassin, do you pay for it at the post office and then drop into the post box. I just handed mine over the counter and paid, took the signed for delivery, i couldn't really make a video of that.

I do feel a bit more peaceful about the situation. Ta

Your first error, you have to send to a PERSON and not a corporaate department as they will ignore one and deal with the other and this is the corporate one which means the company can be held liable and not the individual as the company is a dead entity.

You can do either and if the PO staff take it from you and put it in the bag inside the PO I would suggest making a note of it and dropping it in with your paperwork, I have a little sheet which I produced and this says posted in post box or 5taken by staff in the PO and put into the bag. I circle the appropriate one, cut it off and staple it to the appropriate notice and if they try to get smart (which they do) then watch them recoil when they try to weedle details out of you and as its in writing its admissable in court.

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