ANY HELP GRATEFULLY ACCEPTED COURT PAPERS 1 day to respond - I now live in Ireland

[Harrassed09]

Hi all

 

I have been away for a while but return now with an N1 on behalf of HSBC

 

Story to date Oct 2008 FD closed our accounts with insufficient notice strangely just after receiving my (yet to be satisfied) SAR/CCA requests

 

I successfully reclaimed bank charges a,d FD would only pay these to my mortgage account which was in arrears at the time

 

They have furnished an application for an overdraft pertaining to our old account but nothing related to the overdraft they produced from merging various current accounts - they did not put this in writing

 

Now i have received court papers today but as I am now living overseas they arrived almost too late to respond within 14 days of service ie dated 1 september so 19th by my calculations is th elatest I can respond

 

They caused me so much heart ache and indeed contributed to my mental Breakdown that autumn, holding my accounts and salary to ransom up until Christmas when they released my salary only on the proviso that i make repayments they set, I agreed verbally but never in writing as the claims were incorrect

 

I am highly medicated and I know I should be so stressed by this but it won't help, I have moved overseas to reduce such stresses

 

What should I do, the sum is £2758 which I cannot afford but am concerned that this will entice them to revisit my credit card balance with them, again no CCA and no communication for many months.

 

My recent move overseas was communicated to them, am I cynical but exactly 1 month later they issue an N1 to my old address

 

Any help gratefully accepted, I do not want a CCJ if at all possible but this is now very worrying

 

Many thanks in advance

 

Ever more Harrassed

Edited September 16, 2010 by Harrassed09
CUT AND PASTE ADVERTS BY MISTAKE

[cerberusalert]

I'm moving you to the Legal Forum, but as you are not a UK resident and in Eire you are not within the jurisdiction of a UK court.

[cerberusalert]

Thread moved.

[Harrassed09]

Thanks, but what happens now? Has anyone any ideas?

[AndyOrch]

Hi Harassed

 

Have you Acknowledged service in time and how did you respond,plea that is?

 

Regards

 

Andy

[Harrassed09]

Hi

 

I am just doing it now, I assume that 20 days from 1 September is today so this is my last chance to respond, despite my redirected mail only arriving less than a week ago

 

Just wondering how to plea, can anyone help? Really they haven't provided an overdraft agreement, I do not know how they came to the blaance they have shown on the N1 and they repaid me bank charges 11 months ago (well paid it direct to my mortgage lender at their insistance) and I assumed the whole thing had gone away

 

Any ideas gratefully received, does it matter that I am overseas do I state this? Or do I wait for judgement as apparently this can then be set aside as I am outsider their jurisdiction?

 

Ever more harrassed

[AndyOrch]

If you are confused at the amount then your only plea can be to defend all.Dont wait for judgment and then try to set a side this may be costly to you and a bad decision.Defend then argue your case.If the debt was uk and the summons is uk then you will defend it here.

 

Regards

 

Andy

[Harrassed09]

I have got to the section which asks whether I contest jurisdiction, do I contest on the basis that I am no longer in the UK?

[AndyOrch]

In some cases, a defendant will file an acknowledgement of service because he disputes the jurisdiction of the court -- in effect, he contends that the claimant should not have brought the case in England and Wales. To contest jurisdiction, the defendant must apply to the court within the time limit for filing a defence. If he does not make his application during that period, he is treated as having submitted to the court's jurisdiction.

 

If the defendant contests jurisdiction and the court rules against him, then the defendant must file a further acknowledgement of service within 14 days or such other period as the court may require. The original acknowledgement of service is regarded as having no further effect

 

Regards

 

Andy

[Harrassed09]

thanks for this

 

I have already acknowledged and ticked the box that disputed the jurisdiction. Will I receive a reminder or further notice from the court when they assess the jurisdiction?

 

Any help gratefully received and most appreciated

 

thanks again

[Harrassed09]

Hello again

 

I have heard nothing since I acknowledged the N1 form, ticking teh dispute jurisdiction box.

 

no email, letter etc, just wondered what do I do next

 

I assume I have to prepare a defence but an completely at a loss as to how to start this

 

Any help would be most gratefully received

 

Thanks again

[Ganymede]

It won't be deemed good service if the Claimant has not obtained the court's permission to serve you out of jurisdiction. Did you get anything else with the N1? What did the particulars say?

[AndyOrch]

Ring the Court Harassed and seek clarification to you response.

 

Andy

[Harrassed09]

has anyone any ideas as to how to file my defence which si now due by tomorrow night - 24 hour

 

Court claim as papers were sent to uk address (which was redirected to ireland by royual mail) that this is deemed good service They were less than helpful and I am again unwell and not coping very well with this I am so sorry, if someone can help atall I would be very grateful

 

do I just complete the form saying

 

1 outside jurisdiction

2 bank charges repaid and cheque received in 'full and final settlement' i assumed that the 'balance' they had contrived would then disapper

3 no agreement only an application form for the overdraft they manufactured

 

Any help gratefully received many thanks again

[Guest]