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setaside

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  1. ...but iif my wife is Chinese:-) and we have residency rights in Canada Most letting agents will forward mail sent to the let property but only if given to them by the tenant but will not allow using their office address as a service address. I guess because of this type of problem. I may go to strike out as the case is flimsy and there are breeches of rules 6.8 and 6.9 of the Civil Procedures and Rules with specifically deal with service of the original claim form and ascertaining correct address for service. Just the one house we used to live in ourselves, can' find a safe bank to put the money in so left it in the house. Thanks for all the advice
  2. Very similar to this thread I created " im in china forever - dca trying to get CO on my UK property - help!" - sorry cannot include URL as forum does not allow me yet . I'm in China and a rogue trader used my previous UK address to get a default judgement and the judge refuses to acknowledge I live in China and will not change the address for service. The Judgement was set aside but notification of the new hearing will be sent to my old UK address which is let - so a default judgement/set aside hearing will happen again as it takes Royal Mail up to 4 weeks to forward mail. http://www.consumeractiongroup.co.uk/forum/showthread.php?327459-im-in-china-forever-dca-trying-to-get-CO-on-my-UK-property-help!(3-Viewing)-nbsp
  3. Thanks for moving the thread. I felt so confident about the set aside hearing because I have already read so much on these forums. I am seriously considerring reporting the claimant to the police for perjury and harrassment. There are witnesses, and trackable documentation to prove a court document was served 22 days after the court was told it was served and that the claimant knew I lived in China - the judge has seen all this evidence and discounted it. There are also 3 official complaints that went to the court manager re serving of documents at the wrong address. These were not responded to until after the default judgement and which I received an apology from the court manager, however, the judge said this was not his problem during the set aside hearing and cannot be included. As far as I know my next option is the Office of Judicial Complaints. I could use the Parliamentary Ombudsman but I am denied this as you must be resident in the UK and have an MP who must sign the complaint form - unless I can persuade an MP to volunteer. I will wait for the result of the next hearing if I find out when it is, and then decide my actions.
  4. The claimant is trying to persue a charging order on my property so I can't forget it.
  5. Thanks for the tip re house and car insurance I will check that out. I was allowed to attend this hearing by telephone, and for this hearing only be sent by email a scanned copy of the hearing notification. I have been told I cannot have this again. I have not been back to the UK for nearly a year and never intend to come back. I have thought about using a friends/families address but this can then drag an innocent party into the equation. The claimant is already turning up at the tenants and letting agents making legal threats - but the judge does not care about this.
  6. I had a default CCJ against me (£1076) by a rogue trader who claimed to have done work which he had not. He used my previous address to serve the original claim forms when he knew I had emigrated and he had my new address. I received the claim form and completed/returned it after it had been forwarded by Royal Mail to China and submitted a defence. Following the original claim forms were several other standard requests from the court with a time limit to respond - these were not received until after that time limit due to Royal Mail forwarding holding onto mail until there was sufficient to forward. The court were notified on 4 occasions of my correct address in China but continued to send to the UK. It ended with a default judgement against me. The claimant also served documents for me on my tenants, and the lettings agents with instructions for them to serve me. One form N236 was signed and dated by the claimant as having been served on me 22 days prior to it being served on my letting agent who forwarded it to me. The hearing to set aside was yesterday 18/11/11 but what happened next really amazed me. The judge refused to acknowledge my address as in China and insist they will only change it to another UK address. If the Royal Mail forwading service is not efficient it was made clear it was my problem. All court documents will continue to be served in the UK where I will not receive them on time to respond. Another default judgement and claim to set aside looks likely. The judge agreed with the claimants tactics of serving court documents on my tennants and letting agents and telling them to complete the serve as legal !!!!!. The judges words "The claimant has done absolutely nothing wrong with his method of serve". The judge agreed that it was fine for the claimant to tell the court that he had served form N236 on me 22 days earlier than he had actually done. Is this not perjury? Also initiating the case at a previous address when knowing my new address - is this not perjury? The judgement was set aside but not to the beginning of the claim as it is reported on many forums, it has been sent back one step to the hearing stage and I have been told to submit a new defence. The notification of the hearing will be sent to my previous address so I will not know about it until to late. The judge said I could use a solicitor to defend me in my absence and to use their address but the cost of this will be similar to the claim and will not be recoverable when I prove the rogue trader wrong. Will appreciate any advice - especially if any method to track hearing dates and documents sent by the court. Is there an online place to track cases? Best Regards
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