CCJ Issues While Abroad

[JJTrav]

Hi,

 

I've read most of the threads here on this topic, but I have a few questions still.

 

 

My story:

 

I became a non UK resident, outside the EU, in May 2015.

 

 

In July 2016,

I became aware that a professional services fee I had ran up

had a balance owing still, 4800 GBP or so, out of an original 23 000,

and that a judgement in default had been issued against my last UK address in June 2016.

 

 

I dispute that all of this money is owed, but a slightly different story.

I have no UK assets.

 

I have evidence (e-mail) confirming they knew my residential address and residence status,

but yet they issued against my last UK address anyway.

 

 

Rather than leave this to chance that it will go away,

I have engaged a law firm in the UK to deal with this matter for me.

 

 

This is where my questions come and solicitors never seem to give definitive answers.

 

From what I understand from reading here,

the other party have knowingly abused to court process in the UK

and that they should not have issued against an address they knew me not to be resident at.

 

 

Many others seem to say it is then a simple matter of getting it set aside,

but there are some stories on this forum stating it is not that simple.

 

 

It seems once it is issued, rightly or wrongly,

it isn't easy to get rid of it and

 

 

when people start the process,

it seems people pull out of the proceedings early,

so it leaves me not knowing what the actual legal precedence is.

 

What is the actual reality?

No UK assets,

proof the other party knew of my correct residential status,

automatically, after some hoops, removed?

 

 

Or is it a case that it is up to the discretion of the judge?

[dx100uk]

should be an automactic set aside

no need to employ any UK layers or anything.

 

 

you wee abroad

they knew you wee abroad

 

 

end of the matter.

 

 

cost you £255 mind!

but cheaper than a lawyer!!

 

 

the other thing is ignore it

 

 

there stuff all they can do to you

[JJTrav]

I read here that the judge can still insist you attend the set aside hearing

OR ask you to appoint representation for it.

 

 

I haven't seen anything here that says it sails through without question.

 

 

That's just the point of my thread really,

although many consider this to be open and shut,

it still seems a judge can make you jump through hoops.

 

 

In the cases I read that got that far,

it seems the other party withdrew before the hearing was held,

so there isn't actually a definitive blow by blow account here.

...YET.

[Andyorch]

You could approach the judgment claimant and state for the reasons above that you will make application to set a side with costs based on their abuse of process...but you would consider them agreeing by consent to set it a side at their cost ?

 

But personally as already stated if you have not intention of returning...I would ignore the judgment.

 

Andy

[JJTrav]

No intention of returning, but who knows in the future.

 

 

I'm just keeping one eye on them going for enforcement.

 

 

Yes, even though they have no right really,

 

 

because they have that CCJ issued,

 

 

they have more options than they should,

 

 

all be it very expensive options for them and questionable enforceability.

 

I suspect they will likely settle for a reduced amount and again we will never find out here what the Judge does when this goes all the way.

[Andyorch]

I wasnt implying pay them anything or offer any reduced amount...simply to set a side at their cost and no involvement from yourself:-D