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

[panther12]

Hello folks, could do with a bit of help dealing with this on behalf of my brother. He no longer lives in the UK having moved to Australia 2 years ago with his family to seek pastures new. He has rented out his UK address to a friend who drops off to me any mail addressed to my brother. I'm in regular contact with the brother via skype and has asked if I could sort this out for him.

He's had a few DCA letters over this time regarding a Capital one CC that he never paid before moving abroad, the amount is under £700. Never replied to any dca and the debt kept getting passed on. I think Lowell eventually purchased the debt and used Fredrickson to collect.

I've only just been handed 2 letters which I'm treating as court action is imminent. First letter is dated 8/11/13 from Freds saying pay up now to avoid further action or they will instruct Bryan Carter to take legal action. Second letter is from Carter dated 25/11/13 saying they have been instructed by fredrickson on behalf of lowell to issue court proceedings on 09 Dec 13 if no payment is received. From what I've read about carter he does commence proceedings when he says so I'm expecting a claim to drop through the door shortly after the 9th Dec. The friends who rent his house are a bit slow in passing on mail to me so I've asked them to let me know asap if anything further comes.

With my brother living in Australia I'm unsure on the best way to proceed so any help appreciated. I don't mind putting my name to any papers and acting on his behalf if that's possible to prevent a ccj by default.

[Gorang]

Re: Court papers imminent - debtor now living abroad.

He's had a few DCA letters over this time regarding a Capital one CC that he never paid before moving abroad

Does your brother remember or can he prove at all when he made the last payment to the account???

I think you should be able to get power of attorney for this account so you can deal with it from him but I will let others with more experience than I, to advise you with that

EDIT

It wouldn't be a bad idea to get your brother to join the forum and log in to this thread to so he can answer any questions for us, as that could save a bit of time for you both

O and I forgot to say

IF a summons comes in then go online and acknowledge that the claim will be defended

[FlamingParrot]

Re: Court papers imminent - debtor now living abroad.

Hello folks, could do with a bit of help dealing with this on behalf of my brother. He no longer lives in the UK having moved to Australia 2 years ago with his family to seek pastures new. He has rented out his UK address to a friend who drops off to me any mail addressed to my brother. I'm in regular contact with the brother via skype and has asked if I could sort this out for him.

He's had a few DCA letters over this time regarding a Capital one CC that he never paid before moving abroad, the amount is under £700. Never replied to any dca and the debt kept getting passed on. I think Lowell eventually purchased the debt and used Fredrickson to collect.

I've only just been handed 2 letters which I'm treating as court action is imminent. First letter is dated 8/11/13 from Freds saying pay up now to avoid further action or they will instruct Bryan Carter to take legal action. Second letter is from Carter dated 25/11/13 saying they have been instructed by fredrickson on behalf of lowell to issue court proceedings on 09 Dec 13 if no payment is received. From what I've read about carter he does commence proceedings when he says so I'm expecting a claim to drop through the door shortly after the 9th Dec. The friends who rent his house are a bit slow in passing on mail to me so I've asked them to let me know asap if anything further comes.

With my brother living in Australia I'm unsure on the best way to proceed so any help appreciated. I don't mind putting my name to any papers and acting on his behalf if that's possible to prevent a ccj by default.

From what we can see on this site, Bryan Carter are very quick to issue court papers. Which means this isn't likely to be just the usual empty threat. The good news is that, because the amount is below £1000, even when your brother still owes property in the UK, they could not secure the debt through a charging order, :grin: which is the main concern when people move abroad but still own property here. If he lives in Australia (lucky him, I'm sooo green ) - there would be no way to enforce any CCJ obtained in the UK, so it may be worth informing Bryan Carter of this fact, which could make them think twice before paying the MCOL fee.

Of course we need to know how long it's been since he last made a payment into this card, if it's more than 6 years, then a statute barred letter would do the trick. :grin:

[panther12]

Re: Court papers imminent - debtor now living abroad.

He last used the CC about 2 years ago when he first moved to Oz to pay for his dogs vet bills as it became ill while in quarentine, but sadly died.

As I've only just been handed the letters it may be too late to stop a claim been issued Monday but will definitely deal with it to stop default judgement. I was thinking of sending Carter a letter pointing out he resides in Australia and enclosing a Form of Authority allowing for my involevement. If it can be helped we don't really want to be giving his Oz address but I don't mind them having my address. Was thinking of sending something like:

Form of Authority

To: Bryan Carter Solicitors, 11 De Havilland Drive, Weybridge, Surrey, KT13 0YP

Your ref:
Account:

I, (Brother), formally of (his old uk address), hereby authorise (Me) of (my address) to act on my behalf regarding any and all matters relating to the above reference number.

Signed: Brother ___________________________
Signed: Me ___________________________
Dated: ___________________________

[panther12]

Re: Court papers imminent - debtor now living abroad.

I've knocked up the below letter I was thinking of sending with the Form of Authority, if you think it's ok. Wasn't sure if I should also send a CCA request with it, or see what happens first as they may just drop it knowing he's not even living in the coutry?

Dear Sirs,

I am in possession of a letter from you dated 25 November 2013 with the above reference and addressed to xxx of xxx

Please note that xxx no longer resides at the address of your letter, since emigrating to Australia some two years ago. Although xxx is now a resident of Australia, he does not reside at any fixed abode within Australia and, as such, has authorised me to act on his behalf in any and all matters relating to the above reference.

Please find enclosed a Form of Authority allowing for my involvement in this matter and request that you amend all records to reflect this change. Any further correspondence is to be addressed to me at the address stated in the Form of Authority and shown in the top right of this letter.

It is noted from your letter that you have been instructed by Fredrickson International Limited on behalf of Lowell Financial Limited to issue proceedings on 9^th December 2013 if payment of a debt is not received by you by that date. Having the authority to act in this matter it is our intention to fully defend against any such legal action.

As indicated in your letter, should you choose to proceed with litigation on the 9^th December 2013, I remind you of the change of address for xxx and that any documentation is to be addressed to my address, as per the enclosed Form of Authority. Please be advised that should you issue court proceedings to the previous address of xxx, any Judgement Order obtained in default by issuing to this incorrect address will be met with an application to set-aside the judgement, with costs, and this letter shown to the Judge to show that you are aware that xxx no longer resided at that address when issuing your claim.

Yours faithfully,

[mystery1]

Re: Court papers imminent - debtor now living abroad.

I'd be tempted just to give the current residence and a robust reply to the letter before action such as http://www.legalbeagles.info/forums/...075#post391075

They then have 2 issues. 1 Jurisdiction 2. Disclosure

M1

[panther12]

Re: Court papers imminent - debtor now living abroad.

Nothing really to update as yet. I've been in contact with the friends who are renting brothers house and despite Carters threat of action if payment is not received on Dec 9th, nothing has arrived yet. I did write to both Carter & lowells advising Brother is resident in Oz and to update their files to that effect, also gave them my address. Carter ignored me and lowell just said I need to direct everything to Fredrickson as it's out of their hands. At least they are now aware he no longer resides here and is not resident in the UK so hopefully that has halted them. If they try issue proceedings to his old address to gain default judgement it will be in full knowledge of his non uk residency so should help in any set-aside.

If they do issue a claim I think the best route is to get brother to contest jurisdiction but will need to swat up more on that. From what I've read we will need to acknowledge and within 14 days make an application disputing the jurisdiction. Will have to be careful as from what I've read any slip up in procedure can amount to voluntarily accepting jurisdiction.

[panther12]

Re: Court papers imminent - debtor now living abroad.

No sooner as I write the above and a letter arrives from Carter addressed to me at my address.

Thank you for your letter of 6 December 2013.

We confirm that there is no court proceedings issued against Mr (Brother).

We trust the above clarifies matters and we look forward to hearing from you with Mr (Brother) payment proposals by 6 Jan 14 otherwise collection activity may resume.

Not sure how to respond to yet.

[mystery1]

Re: Court papers imminent - debtor now living abroad.

I take it you sent a reply to the LBA ?

It really is a great way to stop these scumbags in their track, perhaps not forever, but they would be very foolish to try it on with a good reply to a LBA.

M1

[panther12]

Re: Court papers imminent - debtor now living abroad.

Thanks M1.
Yes I did reply and highlight the failings of their LBA but Carter seems to have brushed that aside in his reply. I think I've staved off any court proceedings being issued so at least can relax now.

He says collection activity may resume if payment proposals are not received by 6th Jan, although as they are now aware of brothers non uk residence I'm not sure what collection activity he proposes? As I'm the intermediary acting for my brother, should I now bang in a CCA request?

[mystery1]

Re: Court papers imminent - debtor now living abroad.

Can't hurt.

M1

[panther12]

Re: Court papers imminent - debtor now living abroad.

I did the CCA but not sure if I made an error by sending it and the £1 fee to Carter instead of lowells. However I do have emails from lowell saying they don't hold any information on this case and I need to direct everything to Fredrickson / Carter. I did email Lowell a copy of the letter & CCA request posted to Carter and they got back to say they've made a note on their system and Freds will be in contact with me to discuss.

[mystery1]

Re: Court papers imminent - debtor now living abroad.

He should forward it but probably won't because he's an arse.

If it comes back send it to the creditor which sounds like Lowells.

M1

[CleverClogs]

Re: Court papers imminent - debtor now living abroad.

He should forward it but probably won't because he's an arse.

I object to that description of Bwyan Carter, as some arses (usually on wenches) can be decidedly callipygian. msl:

[panther12]

Re: Court papers imminent - debtor now living abroad.

Update.
In reply to my CCA Carter did send a wad of papers enclosing copy of Brothers agreement & statements. In reply I sent Carter the below letter:

Thank you for your letter dated 13 March 2014 with enclosures.

As you are aware from our previous correspondence, Mr xxx is a non UK resident having moved to Australia some three years previous. I am dealing with matters on his behalf and having taken legal advice it is evidentially clear that the UK courts have no jurisdiction over this matter. Any attempt to obtain judgement order in this case will be met with an application to the courts contesting jurisdiction, with costs.

Notwithstanding the above, from the documentation supplied it is noted that there are a number of late payment fee’s added to this account. The regime of fees which have been applied to this account in relation to late fees and over limit charges are unlawful at Common Law, Statute and Consumer regulations.

I note the last paragraph of your letter which you state: “Should we not hear from you collection activity may resume.” Although you do not say what collection activity you propose on a non UK resident, as this is outside the jurisdiction of the courts I can only assume that it is your intention to continue to submit demands for payment. If this is the case then Mr xxx seeks the return of all unlawful monies, including compound interest, from the late payment fees unlawfully applied to this account.

I have attached a full schedule of the charges and interest with this letter in the sum of £1199.49. As you will note, the sum claimed by your client is £672.68. When deducting this sum from the monies owed to Mr xxx from the unlawful charges there remains an outstanding balance of £526.81 still owing to Mr xxx.

At this juncture Mr xxx is prepared to disregard the outstanding balance owed to him in favour of adopting a mature approach and drawing a line under this matter allowing all parties to move on. Should your client not be in agreement to this, please provide your client’s proposals for settlement of the outstanding balance of £526.81.

Now either I was not clear in my letter or Carter is deliberately extracting the urine as this is the reply I've just received.

Thank you for your letter of 17 March 2014.

We confirm our client is willing to accept Mr xxx offer of £526.81 in full & final settlement.

This offer will remain open for a period of 28 days, 21 April. If Mr xxx is not able to take advantage of this offer, then he will need to come to an arrangement with us to repay the outstanding balance by instalments.

We look forward to hearing from you by 21 April with Mr xxx offer of £526.81 in full & final settlement of your payment proposals towards the full outstanding balance.