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HM Courts and Tribunals Service

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  • HM Courts and Tribunals Service

    Hi everyone, I really need some help!

    I currently live in Europe and as I don't have particulary frequent contact with my family in the UK it was only today that I learnt that a very concerning letter addressed to me had arrived at my family's house in the UK - from the country court bailiffs and I didn't even know I had a CCJ!

    The Bailiffs letter was abit of a surprise and the family member who received the letter only saw it because it bizarrely arrived in an unsealed envelope - could just be a strange oversight by the courier, does seem strange though.

    (I've attached a copy of the letter).

    After checking Trust Online it turns out that I had a CCJ filed against me in 2017 with regards to an old credit card debt (1900 GBP) - I had no idea about the CCJ until today!

    I have no funds to settle the debt, no assets or savings in the UK or anywhere else, and I have no idea what to do!

    Could any experts could give me any advice before I contact the court/bailiffs about the order? Couldn't I get the CCJ order put aside as I didn't know anything about it? What approach should I take with the bailiffs? Please help!
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  • #2
    If you are living outside the Uk permanently, you could just ignore this altogether. If So, don't contact the court office at all.

    whay do others think?

    Comment


    • #3
      Originally posted by 2222 View Post
      If you are living outside the Uk permanently, you could just ignore this altogether. If So, don't contact the court office at all.

      whay do others think?
      You can collect debt in Europe at the moment anyway. Yes it costs the applicant more money but it is possible.

      Not forgetting the aggravation the OP is going to subject his family to. They will have to prove the OP doesn't live at the premises.

      So simply ignoring it is probably not the best advice.

      Comment


      • #4
        The letter is simply an invitation to attend the Bailiffs office, so that the Order mentioned in that letter can be served on you. I notice the usage of the word "required". If you were required by the court to attend the Bailiff's office, there would be an Order to that effect. No such Order is mentioned.

        form N61 (Order for Production of Statement of Means) is mentioned. The judgment debtor must ensure that the statement of means reaches the court office within 8 days of receipt of the Order, or pay in full.

        As you are not in receipt of the Order, time does not yet run against you and there can be no question of you being committed to prison, and certainly not for any failure to take up the invitation.

        It is entirely your choice whether and how you respond to this letter, but the underlying judgment Order for debt, can be enforced in most jurisdictions, not just in the EU. Whether it would be worthwhile for the claimant to do so, is entirely for the claimant.

        See https://legalbeagles.info/forums/for...w-global-help=

        and https://www.gov.uk/hmrc-internal-man...ing/dmbm667590

        Comment


        • #5
          If the OP's family are fairly robust, they have nothing whatsoever to fear from the bailiffs. It is perfectly reasonable for them to refuse to divulge the OP's address and to refuse to pass on any correspondence. At that point, the bailiffs will almost certainly drop the case and move on to easier targets.

          Comment


          • #6
            The fact they have not served the order at the address tells you that they know the defendant doesn't live there and therefore they know they cannot enforce at that address.

            If it were me I'd tell the family to write back to the bailiffs office informing them you don't reside there and not to send any correspondence to the address.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment

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