I moved overseas... and received a CCJ (first I've heard of the claim!)... what next?

[catlover3]

Thanks for having me on the forum!

Back story....
About 18 months ago, we emigrated to the US (LA). We always leased a car from VW, but had to return this three months before we left. So, we found a mid-term leasing company to hire a car for 12 weeks or so. About 4 weeks into the lease, the company messaged us to say they needed the car back. Obviously, we were pretty annoyed, but moreover, we were in LA at the time (finalising our emigration) and asked them if they could wait till we returned for us to return the car. They refused, so we contacted a neighbour, asked them to make the keys available and the company came to collect the car from our driveway while we were away. The company is based in York and we lived at the time in Manchester.

Fast forward a couple of months and we received a demand for £255, 'vehicle recovery fee'. This is a per-mile charge for them to collect the car. The fee could have been waived had we driven the car to York ourselves, but of course, this option was unavailable as the company refused to wait for us to come home. I complained and there was a good deal of back and forth via telephone and that was the last I heard of it.

Until now. I have received an email (text below) saying a CCJ has been filed against me and if I do not pay in 7 days, the CCJ will go on my record. Now, I know how CCJs work. My questions are:
1. Who should I contact first? The court or the debt collector? I have had no notice of any of the threats etc as I have emigrated and all documents must have gone to the old UK address where I haven't lived for over a year. I tried calling the Nottingham Business Centre (held in queue and then no answer) and emailed the bailiffs (no response).
2. I live in the US now. Can I apply to have this set aside for free since I didn't receive any of the documentation?
3. If I have to pay the £255 set aside fee, given that the amount requested is £270, would it not be worth me just paying this and wiping my hands of it (although I am still annoyed about the reason for the 'debt')?
4. Isn't the term for payment normally 28 days? Why are they saying 7 days?
5. The threat letter talks of goods recovery. I do not live in the UK so how should I approach this? I would not like whoever moved into my old UK address to have to deal with some threatening bailiffs. I still own a flat in the UK too so I don't want a CCJ.

I am tempted to just pay this and be done with it, but since the original demand was so indefensible, I also am loathe to have this company get away with it

Ideas an suggestions are welcome! Thank you!

Text of the letter below.

Dear Sir / Madam,
Titan Business Centre Titan House Central Arcade Cleckheaton BD19 5DN
p: 01274 866820 f: 01274 341234
Date
31 May 2018
Our Reference

Our Clients Reference

Our Client
Autohorn Fleet Services Ltd
Call now on
01274 866820
Court Judgment Total
£270.25
We have now obtained a County Court Judgment (CCJ) against you on this matter, a copy of which is attached.
Payment of the Judgment Total is now required within the next 7 days. Failure to pay the Judgment Total means the CCJ will stay on the Register of Judgments, Orders & Fines for 6 years. Banks and loan companies use this information to decide whether to give you credit or loans.
Furthermore we are also instructing a County Court Bailiff to attend your premises to remove goods to pay the Judgment Total plus additional enforcement costs.
The additional enforcement costs that will be added to the outstanding amount are as follows:
1. Enforcement Compliance Fee: £90.00
2. Enforcement Stage 1 Fixed Charge: £282.00
The total amount owed after the addition of the initial enforcement costs will be £642.25 and further substantial costs will continue to be added at the subsequent enforcement stages.
If you wish to avoid the removal of goods and the addition of the enforcement costs as detailed above you will need to make payment of the Judgment Total of £270.25.
Payment can be made by BACS / Internet Banking to our account: Sort Code: 40-27-15, Account Number: 75122295, Account Name: Expert Collections Ltd or by cheque to our address. Alternatively call us today on 01274 866820 to make payment by debit or credit card (a surcharge of 5% will apply for any card payment taken) or pay by cheque to the address above.
** PAYMENT OF COURT JUDGMENT REQUIRED - GOODS DUE TO BE REMOVED**
Yours faithfully,
Legal and Insolvency Department

[jaguarsuk]

1. Who should I contact first? The court or the debt collector? I have had no notice of any of the threats etc as I have emigrated and all documents must have gone to the old UK address where I haven't lived for over a year. I tried calling the Nottingham Business Centre (held in queue and then no answer) and emailed the bailiffs (no response).
2. I live in the US now. Can I apply to have this set aside for free since I didn't receive any of the documentation?
3. If I have to pay the £255 set aside fee, given that the amount requested is £270, would it not be worth me just paying this and wiping my hands of it (although I am still annoyed about the reason for the 'debt')?
4. Isn't the term for payment normally 28 days? Why are they saying 7 days?
5. The threat letter talks of goods recovery. I do not live in the UK so how should I approach this? I would not like whoever moved into my old UK address to have to deal with some threatening bailiffs. I still own a flat in the UK too so I don't want a CCJ.

1. Email CCBC stating you did not receive the documents and ask that they email you copies due to you now residing in the USA. ccbc@hmcts.gsi.gov.uk
2. No, there will be a fee to apply to set aside. The fee is reduced if the Claimant consents, but I doubt they would now they have a judgement.
3. If you are successful in setting the judgement aside then you will be awarded costs of the application and the Claimant will have to pay you them back.
4. It can be 14 or 28 days depending on the order, but DCA's are just pushy.
5. If they are threatening goods recovery it's best not to tip them off that you own a flat as they could then enforce by putting a charge on the property which could ultimately lead to them forcing sale of it.

You can apply to have the judgement set aside without a hearing or with a telephone hearing under CPR 13.2 due to not receiving the claim form.

If successful you should then contest the jurisdiction of the court as a non UK resident.

[catlover3]

This is so helpful, thank you. I have done step 1 on your list. Next I'll apply for the setting aside. The fee, incidentally is the same as the amount being claimed but I would prefer to pay that to the court than to to the charlatans making the claim. Thank you again.