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* DISCONTINUED * Court papers imminent - debtor now living abroad.

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  • #16
    Re: Court papers imminent - debtor now living abroad.

    Well it would appear that our friend Mr Carter has decided to ignore previous letters and the fact my Brother is a non UK resident living in Australia. We had some letters dropped off yesterday from the people renting brothers house. 1st one opened was from Carter dated 18 June to say you have failed to pay and we have now issued litigation proceedings which you should receive in the next 48 hours. 2nd letter opened was the claim form from CCBC with issue date 18 June 2014. They only drop off letters to me once every few weeks so lucky I received this claim before Carter had the chance to obtain default judgment.

    The claim is for £672 the amount due under an agreement between the OC and the defendant to provide finance and/or services and/or goods.

    This debt was assigned to/purchased by Lowell Portfollio 1 ltd on 25/04/2013 and notice served pursuant to LoP 1925.

    The claimant claims £672.68
    S69 int. from 25/04/13 £61.61
    court fee £60
    Solicitor £40
    Total £864.29

    I understand that when contesting jurisdiction it is important that no defence is submitted as that would indicate acceptance of the jurisdiction. For now do we just complete the AoS and tick I intend to contest jurisdiction (Can this be done online using the password sent with the claim form). Will this have to be done by brother or can I deal with the claim as litigation friend.

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    • #17
      Re: Court papers imminent - debtor now living abroad.

      Just to update & finalise this thread.
      We submitted the AoS to the court indicating brother intends to contest jurisdiction. Brother put his Oz address on the AoS and he received a letter from the court to say it's been transferred to Leeds CC as the cbbc don't have jurisdiction. I assume that was normal practise when they saw the Oz address and automatically transfered it to lowells home court in Leeds. In the meantime I wrote to carter & lowell giving them a 7day deadline to discontinue or we submit an application to contest jurisdiction + costs.

      A letter received from Mr C attaching a copy of the Notice of Discontinuance that he has forwarded to the court.
      TAKE NOTICE that the Claimant hereby wholly discontinues this action against the Defendant.

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      • #18
        Re: Court papers imminent - debtor now living abroad.

        :okay:

        M1

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        • #19
          Re: Court papers imminent - debtor now living abroad.

          We emailed a copy of the discontinuance to Leeds cc, just in case Mr C forgets to send it.
          Notice of Discontinuance_Redacted.pdf

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          • #20
            Re: Court papers imminent - debtor now living abroad.

            Because of his greed and obvious stupidity Mr Carter was out the MCOL fee for nothing. I would call that a result!!!!

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            • #21
              Re: Court papers imminent - debtor now living abroad. * DISCONTINUED *

              Great that you're sorted.

              What would tie this together with the contrary messages on other forums though is that the CPR rules do allow for service out of jurisdiction where there is a "real" issue to be resolved as well as other requirements; eg that the damage has arisen within the courts jurisdiction.

              Some have suggested that it is a relatively easy process to achieve the courts permission, then they merely post to the international address if allowed in some countries - such as Australia - and get the judgement including costs. A judgement once obtained can then be enforced in Australia via a joint convention.

              However clearly it is rarer than this, so I presume there is a definition of "real" that is greater than most small claims and therefore it isn't as straightforward as some would have it.

              Does anyone know the answer to that?

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              • #22
                Re: Court papers imminent - debtor now living abroad. * DISCONTINUED *

                In our case we followed the advice in the below link and making sure we didn't do anything that would be construed as accepting the court's jurisdiction; i.e., by submitting any defence. I don't know the full legal ins & outs of it but as this was Carter he usually runs when met with any resistance so a good result. He sent another letter a couple weeks after discontinuing the claim to apologise for any distress or inconvenience caused - bless.
                Jurisdiction Challenges.pdf

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