UK Mainland claim - I now live in Northern Ireland

[threeweedudes]

Hi,

 

I have recently split with my partner and still co-own a property in England. However, I have recently moved to Northern Ireland.

 

I have received court papers (old credit card debt last dealt with in mid 2010) through Northampton to my old (still mortgaged) property in England which my ex has forwarded to me.

 

What can I do? Will I have to attend court in England? Can I make them move the claim to Northern Ireland - will they have to discontinue with this claim as I no longer reside there? Can they continue to pursue me through the English address as my name is still on the mortgage there, even though I no longer live there?

 

I know this is a bit garbled but I just need some help and advice on how to move forward.

 

TIA

 

TWD

[citizenB]

I think as you are an individual being taken to court by a large organisation, they might be obliged to move the claim to your local court. I will however, try and find someone who can advise further.

 

Meanwhile, can you please have a read of the thread linked below and give us some details of this claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[threeweedudes]

Thanks CitizenB,

 

I'll have a look at the link when I get back from school run and settle the sprogs.

 

I'm just curious if I am able to contact the courts and let them know I'm now living in Northern Ireland, and if they have to 'start over' in Northern Ireland given that it is a different jurisdiction to England&Wales

 

TIA x

[citizenB]

Thanks CitizenB,

 

I'll have a look at the link when I get back from school run and settle the sprogs.

 

I'm just curious if I am able to contact the courts and let them know I'm now living in Northern Ireland, and if they have to 'start over' in Northern Ireland given that it is a different jurisdiction to England&Wales

 

TIA x

 

I am assuming this is a Money Claim online in which case your initial contact with the courts will be using the MCOL gateway - You might be best letting the solicitor know that you are living in N.I now just in case there is other paperwork they need to send to you.

 

I think when you acknowledge the claim online, you will need to indicate if your address is correct - however, wait whilst others look in and advise what to do.

 

In the first instance, we need the information requested in the link I have provided in order to help you move forward.

[obiter dictum]

I have been looking into this myself as i now live in Northern Ireland

 

If the creditor knows you are in northern Ireland jurisdiction will be a problem as the courts are England and wales, not northern Ireland

 

With me though i never told the creditor i had moved

 

I had this issue with a claim and the mediator stated they were unable to advise. The claimant withdrew the claim and a Tomlin order was set up but that does not help you

 

I to would like to know the definitive answer as to jurisdiction when applying to a UK debt, now living in Northern Ireland

[unclebulgaria67]

On the claim received I think there is a box to tick to dispute on the basis of jurisdiction and you can provide your n.Irish address. You can phone the Claimants Solicitors to advise them of this and to follow up in writing. The court claim issued is only for England and Wales residents.

 

N.Ireland has a totally different system and they cannot just transfer the claim as far as I know. They have to withdraw the claim and start a new action in N.Ireland.

[citizenB]

Message from andyorch

 

Inform the claimant that you no longer reside in England and ask for re service out of jurisdiction or defend as normal using MCOL...it needn't get to court if admitting.

[threeweedudes]

Thanks everyone.

 

If I submit change of address is it likely to put them off or am I still going to be pursued through the Northern Irish courts?

 

Just wondering what experience there is of this situation ☺

[unclebulgaria67]

Thanks everyone.

 

If I submit change of address is it likely to put them off or am I still going to be pursued through the Northern Irish courts?

 

Just wondering what experience there is of this situation ☺

 

I think it depends on the debt owner as to what they are willing to do. I cannot remember seeing too many comments online about court claims brought in N Ireland for English debts.

 

Just advise the claimant you are not resident in England and they will have to arrange service outside of jurisdiction.

[threeweedudes]

Well debt acknowledged and now waiting

[AndyOrch]

Acknowledgment of Service ? or informed the claimant of none residency?

[threeweedudes]

acknowledged service.

 

my name is still on mortgage at that address so figured they'll probably pursue me there anyeway :'(

[AndyOrch]

Do you intend to admit or defend?

[panther12]

I don't know if it's different if living in N.I but if it's similar to if you were living abroad, if you want to contest jurisdiction you have to submit an application within 14 days of the Acknowledgement of service otherwise you are taken to have accepted the courts jurisdiction. If you've put your NI address on the AoS and the claim was issued via the mcol CCBC, all parties will receive notice of transfer of proceedings to the claimants local court as the claim is outside of CCBC jurisdiction.

[threeweedudes]

Hi all,

 

Sorry to bump this up - this debt has now been sorted (by way of a payment agreement), however I have recently moved to Scotland, the happy medium for access to family for my partner and myself as ferry/flight costs were making access unrealistic.

 

In relative terms most of my past debts have now dropped off my credit file but I know that I maintained payments until early/mid 2010 regardless of defaults having been issued.

 

Should MCOL proceedings be started and sent to my previous address, to which I'm still named on the mortgage, can I ask for the case to be moved to Ayr/my local court, and subsequent to this does this mean the debts are now statute barred under scottish law as I am now a scottish resident?

 

Thanks

[AndyOrch]

"Should MCOL proceedings be started and sent to my previous address, to which I'm still named on the mortgage, can I ask for the case to be moved to Ayr/my local court, and subsequent to this does this mean the debts are now statute barredicon under scottish law as I am now a scottish resident? "

 

What has happened since June...you state " this debt has now been sorted (by way of a payment agreement) "

 

So should what have been started and sent to your previous address? and what moved to your local county court?

 

Andy

[threeweedudes]

"Should MCOL proceedings be started and sent to my previous address, to which I'm still named on the mortgage, can I ask for the case to be moved to Ayr/my local court, and subsequent to this does this mean the debts are now statute barredicon under scottish law as I am now a scottish resident? "

 

What has happened since June...you state " this debt has now been sorted (by way of a payment agreement) "

 

So should what have been started and sent to your previous address? and what moved to your local county court?

 

Andy

 

I have agree a payment plan for the claim previously made but I have a few other debts which I'm sure are now also owned by the same dca. Having now moved I've been looking into the legal system here and what might happen it appears to my simple mind that debts become statute barred after only 5 years. I'm curious if this means my debts are now statute barred as I reside here regardless of the mortgage still in my name in England.

[AndyOrch]

Confusion ...this happens when you introduce other debts into the same thread...please start a separate thread for each and every other debt you wish to discuss.

 

With regards to your last point......if the agreements were taken out in England then you are subject to English law...wherever you reside now makes no odds.

 

Regards

 

Andy

[threeweedudes]

Debts were originally taken out in Northern Ireland so does that mean I can't be pursued in England anyway?

 

I moved to England, back to NI and currently in Scotland. So my question is regarding further claims through MCOL to my old address. Is the DCA able to pursue me through my old English address in my absence and get a judgement in my absence even if I let the court know I am now resident in Scotland, or will the DCA have to begin proceedings through the Courts up here?

 

I am hypothesising and trying to forsee what is to come over the nxt few months regarding these other debts.

 

I can start a new thread if required I just didn't want to clog up the board.

 

x

[AndyOrch]

If any further claims are issued then you simply challenge jurisdiction as already advised on the debt pertaining to this thread