Default Removal for a non resident - **WON**

[cerberusalert]

Check what the official record states at http://www.trustonline.org.uk/ it will cost £12 if it is a court error you will have to contact the court to get it removed.

[imi7]

I see - I was not aware. Just another Q (out of desperation): The website says if you pay 'within 1 month' but this payment is right on the month itself - should this be suffiecient to remove the CCJ from my records or is it a borderline case in your opinion ie can they say that they did not receive the money until after the month deadline was over etc etc. What evidence do I need to send Equifax if any, or is it normally an automated process to update their records?

 

As always, really appreciate your help. Thank You.

[cerberusalert]

It's really on the borderline because the government site states within one month... neither a calendar nor a lunar month. I would think it refers to a calender month, if so you would just scrape in within the time frame.

 

Can you contact the court where the judgement was made and have a word with the Court Manager to see what the situation is?

[imi7]

I am trying them now for their feedback - will keep you posted......

[imi7]

Good news - afetr persistent phone calls I have found out the CCJ was paid within 1 month so I ma having it removed.

 

My Mortgage Lender took out a Court Order on 15 Dec 2010, which I have settled in full today (having been made aware of it 1 week ago) - is a Court Order the Same as a CCJ as it is not showing on my Equifax records nor on the RTL website.

[cerberusalert]

is a Court Order the Same as a CCJ

Yes, it's a County Court Judgement.

[imi7]

Yes, it's a County Court Judgement.

 

I rang up the court and they told me it was an order to have vacate the property earlier this year, and it is not a judgement so it is not showing on my credit files...phew....is this normal?

 

I paid the bank all arrears today Sivan awaiting their decision to have the defaults reversed. If they say I have a solicitor in waiting.......

[cerberusalert]

I rang up the court and they told me it was an order to have vacate the property earlier this year, and it is not a judgement so it is not showing on my credit files...phew....is this normal?

Ah.. I see, that's different then. Yes it's normal they'd applied for enforcement which isn't registered on a credit file.

[imi7]

Ah.. I see, that's different then. Yes it's normal they'd applied for enforcement which isn't registered on a credit file.

 

Yep so just waiting for the banks response, fingers crossed.

 

Once again thank you for all the advice, is great to join such a knowledgable forum..

[imi7]

Here is the update - I received a call from my mortgage lender saying that they are willing to remove all the defaults on my credit file :) . So now in the process of having the CCJ removed by the court and should be back to having a clean credit file.

 

A Big Thanks to all who helped with their advice.

[cerberusalert]

Well done, it was an uphill struggle but you got there in the end.

[oliver79]

A CCJ cannot be legitimately obtained against a non-UK resident & you would have cause for it to be set-aside on that fact alone.

 

Cerberusaleter:

I can't seem to find any reference after reading the 'The Civil Procedure Rules 1998' that CCJs can't be obtained against non UK residents.

 

One of the claim orders that was emailed to me indicated:

 

it is order that:

 

2. Permission to the Claimant to serve the Claim Form, Particulars of Claim, Response Pack, Order for Service out of Jurisdiction and a copy of this Order by inserting the same through the letterbox at (some address where I haven't lived in over 3 years) pursuant to CPR 6.15

 

 

A subsequent order modified item 2 above to serve the docs by email as I guess they discovered that I didn't live there anymore. I didn't receive the email until several months after the fact as it isn't an email I use often.

 

 

Do you think it's enough to put: 'I respectfully request that the court set aside the above referenced judgement on the basis that I am not a UK resident and did not receive the original claim notice dated May XX, 2011 in a timely manner'.... and then some further evidence proving that I haven't been in the UK for several years.

 

Cheers,

Oliver

[cerberusalert]

CPR 6.36 says that a plaintiff can serve a non UK resident outside the UK with the permission of the court. http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

 

They also have to show the court that the papers have been served.

 

Proof of service before obtaining judgment

6.47

 

Where

 

(a) a hearing is fixed when the claim form is issued;

 

(b) the claim form is served on a defendant out of the jurisdiction; and

 

© that defendant does not appear at the hearing,

 

the claimant may not obtain judgment against the defendant until the claimant files written evidence that the claim form has been duly served in accordance with this Part.

 

6.36

 

In any proceedings to which rule 6.32 or 6.33 does not apply, the claimant may serve a claim form out of the jurisdiction with the permission of the court if any of the grounds set out in paragraph 3.1 of Practice Direction 6B apply.

 

Methods of service – general provisions

6.40

 

(1) This rule contains general provisions about the method of service of a claim form or other document on a party out of the jurisdiction.

Where service is to be effected on a party in Scotland or Northern Ireland

 

(2) Where a party serves a claim form or other document on a party in Scotland or Northern Ireland, it must be served by a method permitted by Section II (and references to ‘jurisdiction’ in that Section are modified accordingly) or Section III of this Part and rule 6.23(4) applies.

Where service is to be effected on a party out of the United Kingdom

 

(3) Where a party wishes to serve a claim form or other document on a party out of the United Kingdom, it may be served –

 

(a) by any method provided for by –

 

(i) rule 6.41 (service in accordance with the Service Regulation);

 

(ii) rule 6.42 (service through foreign governments, judicial authorities and British Consular authorities); or

 

(iii) rule 6.44 (service of claim form or other document on a State);

 

(b) by any method permitted by a Civil Procedure Convention or Treaty; or

 

© by any other method permitted by the law of the country in which it is to be served.

 

(4) Nothing in paragraph (3) or in any court order authorises or requires any person to do anything which is contrary to the law of the country where the claim form or other document is to be served.

 

Generally it has been seen that creditors attempt to obtain a CCJ without the permission of a court, usually through Northampton Bulk Centre.

 

Do you think it's enough to put: 'I respectfully request that the court set aside the above referenced judgement on the basis that I am not a UK resident and did not receive the original claim notice dated May XX, 2011 in a timely manner'.... and then some further evidence proving that I haven't been in the UK for several years.

Yes

[oliver79]

So what happens once they are granted permission to serve out of jurisdiction? Will they be able to get a UK default CCJ against you if you don't reply or acknowledge service? I read on some form that filling an acknowledgement of service was submitting to the UK court even if out of jurisdiction.

[oliver79]

On another note... I think I finally managed to track down the court fee for filling a N244 - £80

 

And I guess I'll have to post them cash in an envelope as getting a Sterling postal order over here is I'm pretty sure impossible.

[oliver79]

CPR 6.36 says that a plaintiff can serve a non UK resident outside the UK with the permission of the court.

 

They also have to show the court that the papers have been served.

 

 

They didn't seem to need to show the UK court that the papers were served before they applied to get a default judgment against me. How could they have? I haven't been in the country for 3 years...

 

I'll give the application to set aside a try with the wording above. I only have £80 to risk. I don't think I can ask to recover costs for a set aside.

[cerberusalert]

Was it heard at a local court or Northampton?

[oliver79]

Was it heard at a local court or Northampton?

 

 

No it was not. The case was heard and awarded by a Master at a court.