CCJ issued, while abroad

[JJTrav]

Hello,

I engaged in some professional services in 2014 and paid considerable sums for it. I emigrated in April 2015 and as the matter was closed and my last invoice was paid in full, I assumed that was it finished. I also informed of my residential address abroad and also gave an e-mail address, just as I did for any company I had a commercial relationship with. I also informed HMRC and received an acknowledgement. I'm not a UK tax resident.

My parents scanned a letter in, 4 days ago, from this professional services company, showing a judgement was ordered against me on May 24th 2016. It was the first I heard of it. I'm not entirely sure which address they issued it to, as the letter only states their address, but I'm 100% sure they didn't issue it against my residence address (outside of the EU).

What are my options here? Of course, if it turns out I owe the money and after they clarify how, I will pay it, but I do feel aggreved that my credit record could be trashed because of it and even though I likely won't return, who knows, I'd like it gone.

Is it possible? I read some sources that state that a claimant shouldn't issue an order to an address they know to be outdated. I also know that a CCJ can't be issued to a foreign address. At this stage, since it is already issued, the fact they knowingly applied using information they knew to be bogus is more of a moot point, what I want to know is how I can go about letting the court know all this information. I can't realistically visit the UK until Christmas, i was on hold for two hours before their lines closed.

What do I stand?

[Diana M]

Re: CCJ issued, while abroad

My parents scanned a letter in, 4 days ago, from this professional services company, showing a judgement was ordered against me on May 24th 2016. It was the first I heard of it. I'm not entirely sure which address they issued it to, as the letter only states their address, but I'm 100% sure they didn't issue it against my residence address (outside of the EU).

What are my options here? Of course, if it turns out I owe the money and after they clarify how, I will pay it, but I do feel aggreved that my credit record could be trashed because of it and even though I likely won't return, who knows, I'd like it gone.

Is it possible? I read some sources that state that a claimant shouldn't issue an order to an address they know to be outdated. I also know that a CCJ can't be issued to a foreign address. At this stage, since it is already issued, the fact they knowingly applied using information they knew to be bogus

If your parents scanned and emailed you a copy of the Default Judgment which was sent to their address then maybe you should ask them if the original county court claim was also received at their address. It's unlikely the address would differ. MCOL claims (was it because some are sent personal service via the county court?) are not sent Royal Mail Recorded Delivery so it's possible it wasn't received but you'll need them to be upfront with you on this issue.

Can you prove the Claimant was made aware that you were no longer living at that address? Hopefully you'll have kept an email exchange etc.

You are looking at a set-aside of the CCJ so you'll need to do two things.

Firstly, give a good reason why the summons shouldn't have been issued to an address where you no longer live (because you have evidence that you informed them of that), and secondly that if the court were to set aside the CCJ you would have reasonably prospects of success in defending the claim.

Are you still on the electoral roll at your parents' address?

Di

[JJTrav]

Re: CCJ issued, while abroad

Hello,

It was the first thing I asked and they confirmed nothing else had been received prior. I'm GUESSING what they did was issue it against my last UK address, the one they previously communicated with, knowing I wouldn't get a copy, then tried to blanket send a copy of the notice to any address I have ever been associated with.

Yes, I have a copy of an e-mail exchange when I informed of them of my new address in May last year and an acknowledgement for this.

No, not on the electoral register anywhere in the UK. I'm not a UK resident.

I have a MCOL reference number from the scanned letter, but no password to be able to access anything on it.

[Joanna C]

Re: CCJ issued, while abroad

Thats good news about the email because then the Default Judgment is irregular and the court must set it aside.

[JJTrav]

Re: CCJ issued, while abroad

Thats good news about the email because then the Default Judgment is irregular and the court must set it aside.

Thanks. Can you advise how I should proceed next? With an N244? What type of wording? Will they set it aside even though I can't attend (very far from the UK)? Do you know of any services where I can pay someone to do this on my behalf?

[Diana M]

Re: CCJ issued, while abroad

My parents scanned a letter in, 4 days ago, from this professional services company, showing a judgement was ordered against me on May 24th 2016. It was the first I heard of it. I'm not entirely sure which address they issued it to

What are my options here?

Does this mean you've only received a letter from the Claimant (or their solicitors) advising you a CCJ has been obtained but not the actual Default Judgment or even a copy of it?

You say you've got the Claim reference number so you can call the court to obtain a copy of the Default Judgment and the original summons because you'll need those for your set-aside application. Although living abroad you may need to do this by email instead due to time zone differences and the inevitable long call queue for NCCBC helpline.

How much is the debt (if it exists) to see if they're likely to seek enforcement of the CCJ promptly?

Di

[JJTrav]

Re: CCJ issued, while abroad

Hi,

The debt is 5300. It was issued on May 24th, but I only received notice of this after the claimant sent a letter and a copy of Judgement for Claimant (1 sheet) to my parents house, where I haven't lived for over a decade. I haven't a record of the actual judgement or any paperwork prior to it. I don't even have the original invoices or breakdown of costs.

Do you know where I can find the e-mail for the Salford one? It isn't included on that 1 page summary.

[Diana M]

Re: CCJ issued, while abroad

Do you know where I can find the e-mail for the Salford one?

Here you go > https://courttribunalfinder.service....s-centre-ccmcc

Di

[JJTrav]

Re: CCJ issued, while abroad

Here you go > https://courttribunalfinder.service....s-centre-ccmcc

Di

Thanks. Contacted.

In regards to going forward, could someone perhaps offer some advice? My understanding that a CCJ can't be issued against a non UK resident. I'm aware that people try and get around this my issuing to a UK address and enforcement can become easier then. In my particular case, should I mention this in the N244 or is it enough to say that "Ok, here is the evidence I supplied my current address and I therefore didn't have a chance to receive this notice" ?

[JJTrav]

Re: CCJ issued, while abroad

Thanks. Contacted.

In regards to going forward, could someone perhaps offer some advice? My understanding that a CCJ can't be issued against a non UK resident. I'm aware that people try and get around this my issuing to a UK address and enforcement can become easier then. In my particular case, should I mention this in the N244 or is it enough to say that "Ok, here is the evidence I supplied my current address and I therefore didn't have a chance to receive this notice" ?

Just for closure, as many of these threads go without a conclusion, I offered a percentage what I felt was owed and it was accepted. Probably I could have "got away with it", but I wouldn't have felt comfortable doing so.