Tweet
I was hoping perhaps someone could offer some advice…I've posted on debt forums but feel that my situation perhaps needs advice from a legal perspective.
I'm resident in Australia and have been since 2009. Long story short, my mortgage lender applied for a Possession Order, which was granted and my property was repossessed. I have since learned, correctly or otherwise, that a UK CCJ should not be granted, or the claim should not be heard if the debtor is not resident in the UK (and in my case the creditor knew as they were corresponding with me in Australia).
I have contacted the court where the claim was heard and it seems that the court only had my UK address on file, which was provided by the creditor, despite them knowing that I lived abroad (or at least should have advised the court of that possibility?).
I have been advised by the court that I could apply for the Order to be varied or 'set aside'. I have been advised that this would only mean the creditor could just start the process again (but I'm confused as to how if a UK Order cannot be granted against a non UK resident).
I am somewhat confused as to where I stand, or whether the UK debt can be legally pursued in Australia given that the starting point for the creditor is a UK CCJ which seems to have been granted by default.
Any comments/ advice would be appreciated.
Thanks
I'm resident in Australia and have been since 2009. Long story short, my mortgage lender applied for a Possession Order, which was granted and my property was repossessed. I have since learned, correctly or otherwise, that a UK CCJ should not be granted, or the claim should not be heard if the debtor is not resident in the UK (and in my case the creditor knew as they were corresponding with me in Australia).
I have contacted the court where the claim was heard and it seems that the court only had my UK address on file, which was provided by the creditor, despite them knowing that I lived abroad (or at least should have advised the court of that possibility?).
I have been advised by the court that I could apply for the Order to be varied or 'set aside'. I have been advised that this would only mean the creditor could just start the process again (but I'm confused as to how if a UK Order cannot be granted against a non UK resident).
I am somewhat confused as to where I stand, or whether the UK debt can be legally pursued in Australia given that the starting point for the creditor is a UK CCJ which seems to have been granted by default.
Any comments/ advice would be appreciated.
Thanks
