CCJ whilst Living Abroad

[mrbean13]

Hi all could do with some help. I have been issued with a CCJ for GBP11k by BW Legal and I am living abroad. I have been living abroad since the year 2009 and suddenly out of the blues I have received a CCJ at my UK address just over the period in 2014. I am not sure if this case could be statute barred but I would like to contest this CCJ. I do own a property in the UK and it is currently being rented out. I cannot afford to pay this debt or any other debts due to present market conditions. Is it correct in believing that a CCJ cannot be issued to a person who is a non-resident and that I can get it set aside? What do I do should I write to the courts explaining this?

Please advise

Thanks

[nemesis45]

Re: CCJ whilst Living Abroad

Hi,
#
Please give some details of this claim.

1. BW legal will be acting on behalf of a creditor or debt purchaser/or debt collection agency which is it?
2. Who is the original creditor?
3. When was the claim issued?
4. Do you recognise the debt.

Statute Barred in England and Wales = 6 clear years in which no payment or unequivocal written acknowledgment of the debt (5 years under Scottish law)

The statute barred 6 year clock stops on the date a claim is issued,

Are you resident within the EU?

[mrbean13]

Re: CCJ whilst Living Abroad

Hi there thanks for the quick response. In response to your questions please note as follows:

1. BW Legal is acting on behalf of Lloyds TSB
2. Original creditor is Lloyds
3. Claim was issued on 26th November 2014 and I believe the judgment was granted on 15th December
4. I have been previously communicating with BW Legal and told them that I am unable to pay as I am the sole breadwinner of the family and explained to them that my husband is terminally ill and requested them to be compassionate. I even provided them with the medical paperwork.
5. BW Legal then asked me to provide them with my salary receipts and bank statements which I find extremely strange because I had previously provided them with the CCCS information which provided the detailed breakdown of my financial figures. They also insisted on filling out their own claim form which would have provided them with the same information as the CCCS which I found extremely pathetic.

I don't live within the EU I actually reside in Hong Kong SAR which is part of China. I am slightly worried about the CCJ I don't understand what these guys intentions are especially if I have a property in the UK

Please help and advise?

[leclerc]

Re: CCJ whilst Living Abroad

What was the breakdown of the debt? Was it a loan or overdraft or credit card?

Also, have you attempted to continue to repay what is being owed?

Has your income dropped as well since the money was owed?

[nemesis45]

Re: CCJ whilst Living Abroad

I can understand your concern in regard to a CCJ as you have property in the UK on which they might get a charging order, and ultimately an order for sale.
What is the status of the UK property? Freehold no mortgage, Freehold with Mortgage, rented for income?

[Debt Camel]

Re: CCJ whilst Living Abroad

You mention CCCS - does this mean you have a Debt Management Plan with CCCS, now called Stepchange?

[mrbean13]

Re: CCJ whilst Living Abroad

Hi there sorry I should have mentioned this. I had a credit card and an overdraft with Lloyds. I am not sure which one they have thrown a CCJ against as I lost all the paperwork when I moved abroad. From my record it looks like its a credit card which I had set up a GBP1.00 per month as a standing order each with my bank in the year 2009 and this still continues.

My husband was self employed at the time and then he was diagnosed with an illness and couldn't work. In the year 2008 there were unforseen circumstances and we had to move out of the UK and I had set up a debt management plan with the CCCS (I didn't know the name has now changed to Stepchange as I live abroad). I had a couple of credit cards which were also set up under the debt management plan by the CCCS.

The income has not dropped but the where I am based the cost of living and expenses are high (HK SAR/China). The property in the UK is under mortgage (interest only) and the rent from the tenants is paying the monthly mortgage.

[TalbotWoods]

Re: CCJ whilst Living Abroad

Question and depending on the answer it could mean that you could get the CCJ set aside

Did you notify the creditors / Debt Collection Agencies in writing of your new address in HK, or are you using a UK based care of address?

[Debt Camel]

Re: CCJ whilst Living Abroad

From my record it looks like its a credit card which I had set up a GBP1.00 per month as a standing order each with my bank in the year 2009 and this still continues.

Then the debt isn't statute barred because you are still making payments, The age of the debt doesn't matter.

Yes in theory you may be able to get the CCJ set aside as you didn't receive the court papers, but they will then just start again and send you the papers so there isn't a lot of point in doing this. There is no reason why they can't get a CCJ just because you are living abroad.

Is there any equity in the property? This debt is 11k, how large are your other debts? Are any of these debts your husband's? Is the property in joint names?

[mrbean13]

Re: CCJ whilst Living Abroad

Hi I am using a a UK based care of address