CCJ ? - Third party cost order - overseas

[mrhayes9]

Hello all, 

My business went into liquidation and a creditor applied for third party cost order against myself as sole director for the amount of £4000.

Just to clarify, I no longer live in the UK but I gave the court a friends address in the UK for correspondence and I kept in touch with the court by phone so I wouldn’t miss on the hearing date (it was probably a bad idea to do this).

The cost order was granted and I am now asked to pay the amount; I have no assets or savings anywhere in the world and I am out of employment.

Lastly, the creditors were aware that I was in a European country but I am now living I out of Europe at a friends couch - trying to get back on my feet.

I really can’t afford to pay for the full amount and I somehow feel a little worried even though I don’t have a penny to my name. 

I asked the creditor if I could pay by installments (maybe I would be able to do £200 per month if my mate borrows me the funds until I get a job here) but I am not sure if they will accept it.

Any advice on what’s the worst scenario that could happen if the deadline for payment comes and I haven’t settled or gotten an agreement? Does this mean I have a CCJ?

Thanks guys 

Edited September 3, 2023 by mrhayes9
Typo

[dx100uk]

nothing anyone can do...

yes there must of been a court hearing..

read me but im not saying use them...just for info as to what has happened

Not a Party? Not a problem. The High Court provides some helpful guidance on third party cost orders... - Stevens & Bolton LLP

WWW.STEVENS-BOLTON.COM

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As experienced practitioners well know, the costs of litigation and, more importantly, who pays them, often carry as much significance to the...

dx

[unclebulgaria67]

Don't borrow funds to make an offer, as you just end up owing a friend money without any firm plan to be able to pay them back.

You need to ensure the creditors have your current European address and that this is the address for all communications. Otherwise the address in the UK may receive visits from enforcement officers trying to find any goods that you own, that could be seized to be sold. They may still visit, whatever you tell the creditors.

[mrhayes9]

Thanks guys,

Dx, the hearing happened and I attended remotely, but unfortunately the judge considered I shall pay.

As I am out of Europe now, is this debt enforceable? What is the worst that could happen?

To be honest, as I said, I don’t have any assets, but I think I am more worried about the stress that comes with the whole situation.

Credit doesn’t really bother me as I don’t plan to move back to UK, will probably only visit as a tourist.

When the deadline for the payment arrives, if I haven’t settled or gotten an agreement, what will happen?

[dx100uk]

sort ans is nothing.

even bailiffs wouldn't be able to do anything.

was the claimant aware by say written evidence you were and had and remain to be a resident in the eu 

[mrhayes9]

No, only verbally. I did say at the hearing that I wasn’t in the UK,  but even so, I am no longer a resident in the EU nor in the UK.

What’s your advice on what I should do? 

[unclebulgaria67]

Update in writing.  the creditor with any foreign address and advise that you have no assets in the UK