Topic: Threatening emails regarding a debt from 2013, old address

[chopster]

Hoping someone can advise!


I received an email out of the blue last November regarding an alleged debt from April 2013 for music lessons for my son.


As far as I am aware, the bills were paid in full, but since it has been nearly 4 years, I am struggling to prove it as I don't have records or access to certain bank accounts I used back then.


I have also moved since then and the company alleging the debt does not have my current address - I have declined to supply it due to the threats in their emails, but they have stated they will file against my last known address if I do not pay the alleged debt by the end of this month.


I genuinely think that the debt was paid, and my son did not attend any further music lessons. I am also confused as to why I was not contacted sooner.


This email arrived out of the blue after a general mail shot from them, so I suspect they obtained my email address from my son's school.

[Lisa Thomas]

Hi - what is your actual question please?


The problem here is you are unsure if you paid this and don't seem to have kept records to prove it either.


Dents only become statute barred if they are not chased for 6 years.


How much is it for?

[chopster]

Sorry, I wanted to know - can they actually take action against an old address when they know I have moved but don't know my current address?


It's for around £96. I can't prove I've paid it, but it's been 4 years since they invoiced for the money (and it was paid as far as I am aware). It seems very unreasonable to suddenly claim I hadn't paid it after such a last time.


I think it's probably a mix up with another account.


I don't really want a CCJ, but then again I don't want to pay them twice for a service which wasn't even received in the first place - this was a notice period after the teacher missed some lessons and my son lost interest.

[Lisa Thomas]

They can take action against you.  Whether or not they can find you when you have moved address is a different thing.

[MacStar]

I would like to add further questions for clarification on this same topic.
A friend has recently had mail forwarded to him from 3 months ago at an address where he lived 4 years ago - notice of a CCJ and a warrant of distraint since he had not responded. He thought the debt had been forgotten about.
The CCJ states that it is asserted that the defendant's credit record lists him at that address and therefore it should be assumed he lives there
If a CCJ is obtained at a last known address and he has not had a chance to defend it, then:
1. Does the judgement stand?
2. On learning of the CCJ should he now ask for it to be set aside for this procedural reason?
3. If he makes no contact with creditor admitting debt and waits another 2 years until 6 year limit will that suffice? Or
4. Does the CCJ now come into effect and 6 year limitation period begin 3 months ago?
5. If distraint is attempted at the address and it is discovered that he has not lived there for four years then what happens to the CCJ judgement addressed to him there for which he could not have a received a summons?
I'll get my friend to sign up to this site so he can see my enquiries.
Mac

[Lisa Thomas]

1. Yes
2.  I suspect they will simply amend the address or even if you get this one set aside they will apply for a second one with the right details.  All it might do is buy a little time.
3.No - the point is the debt is only statute barred if the creditor makes absolutely no attempt to ask for repayment in 6 years, which is not the case here.
4.  Yes the CCJ will remain on record for 6 years unless settled within 28 days, which does not apply here
5 See 2.


I recommend your friend takes legal advice.