CCJ Claim Process - Living outside UK

[captainslow]

Only in respect to it being where correspondence has been sent (and then forwarded on by Royal Mail). The same address was used for serving the claim (and also forwarded on).

[BRIGADIER2JCS]

Only in respect to it being where correspondence has been sent (and then forwarded on by Royal Mail). The same address was used for serving the claim (and also forwarded on).

If the claimant became aware of the ownership of the property they could perhaps get a charge placed up on it.

[captainslow]

If the claimant became aware of the ownership of the property they could perhaps get a charge placed up on it.

 

But surely only if a judgement is issued which cannot happen as I am not UK resident?

[BRIGADIER2JCS]

As said they COULD try, what you need to be aware of them achieving a judgement by default,

[captainslow]

Yep, which should not happen as I have provided evidence on non-residency.

 

Also have mailed the DCA requesting they withdraw their claim.

 

If, by some outside chance, the court DOES issue judgement then they will have done so in full knowledge of my non-residency. I guess at that point though I would just have to apply for it to be set aside.

[captainslow]

Hello again,

 

I have now received back from the court notice saying that:

 

1. This is now a defended claim

2. It appears that the case is suitable for allocation to the small claims track

 

It says I have until 17 June to complete the small claims directions questionnaire and file it with the court office and all other parties.

 

What should I do? The form was returned with copies of the evidence I had supplied and also said on it that if I do not comply the court will make such order as appears to be appropriate which includes striking out the claim or entering judgement. I still don't believe they can enter judgement with the evidence I have supplied so I am tempted to just do nothing.

 

What do you think?

[unclebulgaria67]

Well I would complete the small claims questionnaire asking for details of which court in the US, they would like to hold the UK court case and provide details of you being a resident in the US at the time the court claim was issued. I would ask them why they had failed to notice that jurisdiction had been challenged on the basis that a court claim can only be issued if the defendent is resident in the United Kingdom.

 

Because of the way the bulk process works, there is a danger in getting a default judgement, by not completing the forms sent to you.

[captainslow]

That's the annoying thing, they already have the details of me being in the US when the claim was filed as I responded to the claim with those details. They even copied them and attached them to the stuff they sent back to me, so it's not like they haven't seen them.

 

Oh and needless to say, my email to the DCA requesting withdrawal of the claim went unanswered!

[unclebulgaria67]

I think they probably have not considered it properly or if they have, they will wait for it to go out to another court to look at, if need be. Northampton is more of a processing centre , so they may not have been able to refer it to anyone to make any decision on jurisdiction. There is another thread on CAG, where a lady is being taken to court by an Australian company in regard to an Aussie debt, where jurisdiction is being questionned. It has been allowed to be heard in a local county court, with arguments having to made as to why a UK court cannot hear the case. This is obviously different to your situation, but perhaps Northampton just allow this to go out to a UK regional court to look at any issues.

 

So I would suggest that you complete the court form as requested, repeating the information previously given. Perhaps also do some research online about the relevant legislation and case law regarding county court cases when the defendent is not resident in the UK. You could ask for help on the CAG legal issues page, by making a post there.

[captainslow]

Ok, so I have e-filed the completed questionnaire so will see what happens next. Not sure if I made it clear but the court did send this questionnaire to my US address!

[unclebulgaria67]

Ok, so I have e-filed the completed questionnaire so will see what happens next. Not sure if I made it clear but the court did send this questionnaire to my US address!

 

Yes, well they should note the jurisdiction issue, but do not rule out the possibility of a hearing in the UK being scheduled, which you can apply to join by telephone.

[captainslow]

Yes, well they should note the jurisdiction issue, but do not rule out the possibility of a hearing in the UK being scheduled, which you can apply to join by telephone.

 

If that were to happen, what could I expect from such a hearing?

[unclebulgaria67]

If that were to happen, what could I expect from such a hearing?

 

It would be pretty quick I would think. i.e I am a resident of the US, was a resident of the US at the time this claim was issued and therefore the County Court rules don't allow for this claim to be made.

 

I don't think it will happen, but sometimes these things just rumble on, as I suppose the claimant is hoping for a default judgement in their favour.

[captainslow]

So, almost a month has gone by since I E-filed the questionnaire and haven't heard any more. Is that sort of timescale usual or would it indicate that the claim might not be proceeding?

 

For reference I also copied the questionnaire to the claimant and the DCA as instructed.

[captainslow]

Anyone?

[BRIGADIER2JCS]

Processing of documents is unpredictable I'm afraid.

[captainslow]

Hmmm, I figured as much.... am crossing my fingers though that it means potentially that the DCA has not bothered to continue (as I believe they needed to pay a fee to do so) as they received the detail of my non-residency.

[captainslow]

Just updating this - I DID receive notification that the case was being passed to a court in Leeds, but that was at the beginning of August - since then, nothing.

[captainslow]

I have today received notice from Hitachi Capital that the debt has been sold to Cabot finance (never heard of them) who are now demanding less than what was allegedly owed. Would I be right in assuming therefore that Addlestone Keane must have withdrawn the claim?

[captainslow]

Have read through some more threads on here and seen what a despicable bunch Cabot are. I believe that as Hitachi have sold the alleged debt, that they believe its a 'lemon' and as, presumably, the claim route went nowhere, they have washed their hands of it.

 

Would appreciate some of your thoughts on this development.

[unclebulgaria67]

Have read through some more threads on here and seen what a despicable bunch Cabot are. I believe that as Hitachi have sold the alleged debt, that they believe its a 'lemon' and as, presumably, the claim route went nowhere, they have washed their hands of it.

 

Would appreciate some of your thoughts on this development.

 

You should inform Cabot of what has happened, so they don't bother going down the same route. I suspect that they will just mark it down as a lemon and they will also sell it on at some point. I had relatives with debts who had moved abroad and the debts must have been through the hands of more than 6 DCA's. As soon as they realise they will not get paid, they add it to a list to be sold on and months later letters start being sent.

 

As you say, it looks like the court claim has not been continued and the debt has just been sold on.

[captainslow]

I guess I could ask the court about the claim and its status? I will fire something off to Cabot to inform them - do I need to go into detail, re the previous claim and the reason why it was unsuccessful?

 

Thanks!

[unclebulgaria67]

I guess I could ask the court about the claim and its status? I will fire something off to Cabot to inform them - do I need to go into detail, re the previous claim and the reason why it was unsuccessful?

 

Thanks!

 

Yes the court will confirm the position.

 

I would suggest that you give general details to Cabot and suggest to them that Hitachi have not provided them with details before selling the account onto them. I had the same issue with Lowells/Aktiv kapitol for my relatives debt. Lowells sold the debt onto AK without informing them of the position and Lowells were forced to take the debt back, which they subsequently wrote off. I presume there are rules within the debt buying industry, whereby you don't sell on debts in some situations, because it is unfair on the new debt owner, if full disclosure of the risk is not provided.

[captainslow]

Great, cheers!

[captainslow]

I've been informed by the court that the claim was withdrawn in August!