Advice for a Claim Form from Lowells, not British

[Iras]

Dear Beagles,

I've received a Claim Form from a Northampton County Court Business Centre, I've read around and I'd like to ask for some advice.

Foreword:
I am not a British person, but European and do not live in the UK at the moment, but have a open bank account.

Debt Origin:
I got in a 24 month contract with Three with a smartphone included, I believe it was 2011. Then in July 2012 I left the UK, went back to work in Europe and still work there.
As I was not using the service anymore I didn't finish to pay the last bills.

Solicitors History:
Since I left the UK my old flatmate told me that letters from solicitors were kept coming, but I never bothered to do nothing.
Last year my old flatmate changed his living place, so I changed my UK bank account with his new address just in case I needed to receive some correspondence from the bank.
Then the solicitors started to send letters to his new address. At last, yesterday arrived a Claim Form with 31st January as Issue date.

Conclusion:
I have some doubts on how to proceed from here. I don't mind paying off the debt if I have to, but I'd like to understand what options I do have as I am definitely not familiar with the UK jurisdiction.
Any help will be very much appreciated.

SUMMARY OF THE INFO
Received a claim? YES
Issue Date: 31st Jan 2018
Date of assignment to the Claimant: 23/12/2014
Amount: £ 260,15 + £ 25 of Court fee + £ 50 of Legal Representative
Claimant: Northampton County Court Business Centre
Solicitor: Lowell Portfolio I LTD
Original Creditor: Three Mobile
Is the debt Statute Barred? No idea
List any letters you have sent: I haven't sent any letters at all

QUESTIONS:
1. My flatmate new address (therefore my new address) was known only by my bank, is it normal that it gives away my info? (This question is just for my personal curiosity)
2. Still related to the first question, how do they know that I have received the Claim Court or any letter at all?
3. I read I have 3 options: to pay, defend myself, do nothing. Any other options?
4. As I do not live nor work in the UK, but I do have an open bank account with some hundreds pounds in it. Could I just do nothing and get away with it?
5. Would the court be able to get into my account and withdraw the money themself?
6. As I do not live nor work in the UK, how can I pay? Is there any card payment I can do or a money transfer from my bank?
7. What other expenses will I have to pay if I get to court?


If more info are needed just let me know (I have pictures of the Claim Form), thanks!

[Kati]

tagging Amethyst Diana M

[jaguarsuk]

QUESTIONS:
1. My flatmate new address (therefore my new address) was known only by my bank, is it normal that it gives away my info? (This question is just for my personal curiosity)
2. Still related to the first question, how do they know that I have received the Claim Court or any letter at all?
3. I read I have 3 options: to pay, defend myself, do nothing. Any other options?
4. As I do not live nor work in the UK, but I do have an open bank account with some hundreds pounds in it. Could I just do nothing and get away with it?
5. Would the court be able to get into my account and withdraw the money themself?
6. As I do not live nor work in the UK, how can I pay? Is there any card payment I can do or a money transfer from my bank?
7. What other expenses will I have to pay if I get to court?

1. The bank will not have given it away. However if your flatmate left a forwarding address at their old flat then the new people might have passed it on to stop the letters going there.
2. They don't have to prove you have received them, just issue them to the address they last know of you.
3. Those are the options, no others.
4. Someone else will have to answer this as I don't know if they could apply to have t paid from a bank balance.
5. See 4.
6. I'm sure they'd accept a bank transfer or credit card payment, but see what others say about the fact you are out of the UK first.
7. If they win a judgement they'll usually as for their fees and costs.

I don't know why you have registered the bank account address with your flatmate? Once you left the UK you should have changed the bank account address to wherever you are now. You don't have to have a UK address on it.

I'm guessing, but am not sure that others are going to come here and tell you that they have little chance of success due to you being out of the UK as even if they get a judgement it's only valid in this country.

[Iras]

Firstly thank you a lot for taking time answering!

I don't know why you have registered the bank account address with your flatmate? Once you left the UK you should have changed the bank account address to wherever you are now. You don't have to have a UK address on it.

I just thought it could be easier to receive correspondence from the bank without having to pay international stamps. Unluckily it worked also for the solicitors.

I'm guessing, but am not sure that others are going to come here and tell you that they have little chance of success due to you being out of the UK as even if they get a judgement it's only valid in this country.

I am only worried in the case in the future I will come back to work in the UK for whatever reason.
Only for this possibility I would eventually pay the requested sum, so I won't have any worries in the future.


I'm looking forward for any other advice, thanks!

[Diana M]

The bank would have linked your old/new address on your Credit Reference Agency file which alerts other creditors/lenders/banks/DCAs or anyone authorised to search their database.

Linked addresses stay on file for 8 years.

You need to be made aware that if you do get a CCJ then the Judgment Creditor may seek enforcement action through the court such as bailiffs to the address where the claim has been issue/served which from what you say is occupied by your former flatmate.

It's up to you whether you want to ignore the claim or deal with it.

Di

[Iras]

It's up to you whether you want to ignore the claim or deal with it.

Di

I definitely want to deal with it, that's why I'm looking for advice

Please, could you advice on next steps?
Would I be able to pay from abroad via credit card or wire transfer?

Thanks

[ostell]

As he;s not in the UK would he not just contest jurisdiction? And then make a full and final offer?

[Iras]

As he;s not in the UK would he not just contest jurisdiction? And then make a full and final offer?

Exactly my point. As I don't work nor reside in the UK is there any "loophole" that applies?

Thanks again

[Iras]

Anyone able to help me out, please?

Thanks in advance...

[ostell]

Respond to the claim form and select contest jurisdiction, and give them your overseas address.

[Iras]

Respond to the claim form and select contest jurisdiction, and give them your overseas address.

Hi Ostell, thanks for your advice.
I decided to follow it and go for an "Acknowledgment of Service" with intention to defend all of this claim and to contest court jurisdiction.
I've chosen this way because I'd like to fight a bit before giving up Then if the court will decide against me I'll pay within 30 days in order to avoid the CCJ.

Now while preparing the Defence, if I understood correctly, I can't request a SAR nor a CCA REQUEST to the CLAIMANT (because we are talking about a data plan + smartphone), but I can send a CPR REQUEST to the CLAIMANT’S SOLICITORS, is it correct?
Unfortunately, being abroad I don't know if the letter will arrive on time. Would you think otherwise?
Having done the Acknowledgment of Service I should have 28 days since 31st January.

Also, because my debt is almost 6 years old how do I know if it has or not been statute barred?


Thanks!


PS: If I need to open a new topic with post titled "claimants name v my username" just let me know and I'll do it.

[Iras]

Hi all,

anyone able to give me some other advice, please?
It would be very much appreciated

Thanks

[Diana M]

Hi Ostell, thanks for your advice.
I decided to follow it and go for an "Acknowledgment of Service" with intention to defend all of this claim and to contest court jurisdiction.
I've chosen this way because I'd like to fight a bit before giving up

I'm not sure you can do both.

If you contest jurisdiction you're telling the court that they've no legal authority to deal with the claim.

If that's the case then how can you simultaneously tell them you intend to defend the claim in their court (if you follow my logic).

We recently dealt with a set aside application for someone who said they contested jurisdiction (on the AOS) but the Claimant obtained a Default Judgment because they hadn't file a Defence when the court should have proceeded to a Hearing to decide on the jurisdiction issue first.

Di

[jaguarsuk]

I decided to follow it and go for an "Acknowledgment of Service" with intention to defend all of this claim and to contest court jurisdiction.
I've chosen this way because I'd like to fight a bit before giving up

Also, because my debt is almost 6 years old how do I know if it has or not been statute barred?

Why even bother, just contest jurisdiction on the grounds that you are not resident in the UK and not a UK national therefore not subject to the law of the UK.

You know it's not Stat Barred because it's almost 6 years old, it has to be over 6 years in England/Wales or 5 in Scotland since the date of default or last payment made which ever is the last event to happen.

[Diana M]

just contest jurisdiction on the grounds that you are not resident in the UK and not a UK national therefore not subject to the law of the UK.

The OP has already filed the Acknowledgment of Service stating their intention to defend all of the claim.

They've also ticked the box to contest jurisdiction.

The decision on jurisdiction would probably be argued on the Ts and Cs of the contract and whether that says it's subject to UK law (mobile phone contracts normally state that).

Di