CCJ Claim Process - Living outside UK

[captainslow]

Hi, hope someone can clarify this for me.

 

A DCA has made a claim against me in the County Court that was served to my last UK address (and then forwarded via Royal Mail to my USA address).

 

At this point, no CCJ has been issued, but the claim was served at my last UK address. I opted to return to the court, via Email, the acknowledgement and defence forms, contesting jurisdiction. I supplied with this evidence of my having moved to the USA (in the form of my immigration stamp from my passport, my US home lease agreement and a recent USA utility bill at the same address).

 

Does anyone think this was the best course of action to take, or should I have waited for a CCJ to have been issued, and then applied for it to be set aside? As I see it, by contesting the initial claim with proof that I am not UK resident, they cannot issue a judgement at all as I am not UK resident.

 

Many thanks in advance!

[BRIGADIER2JCS]

My guess is that they will withdraw the claim to the court, so if this DCA should apply for a judgement by default it would be unlikely to succeed.

So at this time it's wait and see.

 

Which DCA is this?

[captainslow]

Its a company called Addlestone Keane

 

Your guess sounds like what I was thinking, along the lines of a default judgement cannot be issued at all if its known (by the court) that I am not UK resident.

[BRIGADIER2JCS]

Addlestone Keane Commercial Solicitors in Leeds?

[captainslow]

Yes, thats them

[BRIGADIER2JCS]

Yes, thats them

 

Quite a persistent bunch when dealing with 'commercial' problem debts, is your problem a consumer credit account?

[captainslow]

Yes it is - the account in question was with Hitachi Capital but its definitely not a 'commercial' debt.

 

I informed Hitachi Capital by letter that I had moved to the USA and I informed Addlestone Keane via email that I had moved also yet they have still issued the claim (I moved to the USA in September 2012!)

[cerberusalert]

See also; http://www.consumeractiongroup.co.uk/forum/showthread.php?282263-UK-Debt-Living-in-US

[BRIGADIER2JCS]

I take it you have no intention of returning to the UK to live or work in the near future?

Unless the debt is very large I think it would not be economical for them to attempt to

pursue this in the US.

[captainslow]

Nope, I have no intention of returning to live or work in the UK and the debt is 'only' around 4k

 

Just to confirm my initial question, based upon the evidence I sent to the court in response to the claim, do you still think that the claim will be dismissed/withdrawn (due to there being no grounds to issue a CCJ to a non-UK resident)?

 

Many thanks for your responses!

[BRIGADIER2JCS]

It would be the logical outcome yes.

[captainslow]

Thank you!

[citizenB]

Yes it is - the account in question was with Hitachi Capital but its definitely not a 'commercial' debt.

 

I informed Hitachi Capital by letter that I had moved to the USA and I informed Addlestone Keane via email that I had moved also yet they have still issued the claim (I moved to the USA in September 2012!)

 

 

Looks like they were attempting to obtain a Judgment by default - if you had notified them of your change of address, I think this could be an abuse of process.

[BRIGADIER2JCS]

Looks like they were attempting to obtain a Judgment by default - if you had notified them of your change of address, I think this could be an abuse of process.

My thoughts exactly, I 've come across these solicitors before!

[captainslow]

Yes I think so too. I presume an email to the DCA, dated May 6th, informing them AGAIN that I am no longer UK resident is sufficient, further, evidence that they knew I was no longer UK resident?

 

If so, would it be prudent to email the DCA again, pointing this out and requesting they withdraw the claim on the 'abuse of process' basis?

 

EDIT: bearing in mind the claim was filed on May 21st.

Edited May 24, 2013 by captainslow
Clarification of dates

[BRIGADIER2JCS]

Yes you could do that, add the phrase 'I do not acknowledge any debt to Addlestone Keane or any company it may claim to represent.'

[captainslow]

Something like this?:

 

Without prejudice - I do not acknowledge any debt to Addlestone Keane or any company it may claim to represent.

The email below was sent to you on May 13th, informing you, once again, that I am no longer UK resident.

Yesterday, I received forwarded mail from the UK informing me of a County Court complaint that has been raised with full prior knowledge that I am not UK resident. This was filed on May 21st and in response, I have provided to the court full details of my non-residency in the UK.

It is my belief that you have chosen to ignore my previous email in order to obtain a County Court Judgement ‘by default’. Having prior knowledge of my UK non-residency status makes this an ‘abuse of process’ and, as such, has been indicated to the court.

On this basis, I would kindly request that the claim be withdrawn forthwith.

[BRIGADIER2JCS]

Loose the 'without prejudice' if this did get court you could not produce this letter as evidence to show that you had informed them of your location.

 

Otherwise OK!!

[captainslow]

Yeah, I was just reading about that! Thanks again!

[BRIGADIER2JCS]

Yeah, I was just reading about that! Thanks again!

 

Two words I have seen cost people dearly!

[captainslow]

Two words I have seen cost people dearly!

 

Yes, I am a little worried about that as I had used them in other comms previously BUT the fact remains that NO CCJ has thus far been obtained and if I have responded to the court with evidence that I am not UK resident then logic dictates that they could not issue a judgement by default - I hope!

 

I have looked all over this forum for similar cases but everything else seems to deal with having already received a judgement by default and then getting it set aside - I am still working on the assumption that my response will be enough to pre-empt that happening.

[BRIGADIER2JCS]

I think this would prove costly to the claimant, did you see Cerberus alerts post?

[captainslow]

His post in this thread? Yes, and I have seen the thread he linked to previously but I wasn't sure what bearing it had on my situation as nothing has 'crossed the pond'.

[captainslow]

One other question, does the fact I still own a (mortgaged) property in the UK complicate matters? It is currently rented out.

Thanks

[BRIGADIER2JCS]

Has this property been mentioned in any correspondence or referred to by the claimant?