Default CCJ issued last against Qatar debt

[Michelle B]

Please advise as to what path I should I take.
I have a outstanding loan that I defaulted on in Qatar, a solicitor has since taken it on and is representing the bank. I have to decide which route to take asap as I'm time limited to set aside the CCJ that has been defaulted against me. I did defend the CCJ by using no jurisdiction, however my defence which I emailed to court did not get through because 1 letter off the email address I sent to was omitted, now I have proof that I emailed the court and took the email address down as given by court admin, and even when I sent the defence I never received a bounce back email suggesting the email address was wrong so assumed all was well and my defence was submitted, so in essence I could resubmit my defence staying this fact to court and they could re look at it.

Now I had a strong case for this to be defended upon as the debt is from Qatar and I have no judgement there so in essence the UK courts do not have jurisdiction to hear this.

However the CCJ claim against me is only requesting £3000 but in POC states it reserves the right to claim the rest under the defaulted agreements, the claim has been split by a substantial amount, the outstanding is in the region of £50000

So I'm thinking perhaps I just accept the CCJ in the hope that legally they cannot claim the rest as they are suggesting they can at a later date, surely they couldn't keep coming back at me with additional CCJ and adding to this.

So the predicament is do I accept the defaulted CCJ hoping they can't claim further funds due to abuse of process, or I try to set aside the judgement and carry on through with no jurisdiction.

Need advice today as I have wasted 1 week trying to figure out what to do.

Thanks

[Diana M]

Re: Default CCJ issued last against Qatar debt

Are the solicitors Coyle White Devine by any chance?

We've been dealing with them recently on a few of these claims.

The £50k will interest added etc. What exactly does it say in the Particulars of Claim e.g. how much is the disputed sum being claimed?

What exactly did the Judgment say?

Di

[Diana M]

Re: Default CCJ issued last against Qatar debt

I had a strong case for this to be defended upon as the debt is from Qatar and I have no judgement there so in essence the UK courts do not have jurisdiction to hear this.

Who told you that?

Di

[Diana M]

Re: Default CCJ issued last against Qatar debt

I'm thinking perhaps I just accept the CCJ in the hope that legally they cannot claim the rest as they are suggesting they can at a later date.

. . . . the predicament is do I accept the defaulted CCJ hoping they can't claim further funds due to abuse of process, or I try to set aside the judgement and carry on through with no jurisdiction.

Need advice today as I have wasted 1 week trying to figure out what to do.

If there's a risk of you being chased for £50k (do you own your own home?) then you need more than "hope" to get this matter sorted. You need solid legal advice.

Without seeing the papers and knowing all the facts it's hard to comment on whether you should/shouldn't make an Application to set aside the Default Judgment and whether you should then file a more comprehensive Defence since you seem to be relying solely on the Jurisdiction argument.

Di

[Michelle B]

Re: Default CCJ issued last against Qatar debt

Thanks for the reply I will take some pictures now of the claim and POC . And yes I do own my own home.

- - - Updated - - -

Solicitors are Jennings

[Michelle B]

Re: Default CCJ issued last against Qatar debt

Can't seem to add pictures here so I'm typing it out. Value of the claim is £3000 plus court fee of £195

POC

1: the claimants claim is for an amount due under a loan and credit card agreement, ( the agreements) that was entered into between the claimant and the defendant in 2011.

2: the defendant has defaulted with the payments under the agreement as a result of which as a 4 May 2017 the sum of £52000 is was due to the claimant from the defendant.

3: for the purpose of This claim, the claimant has limited it to £3000, although reserves the right to issue a further claim against the defendant for any further sums due to the claimant under the credit card agreement over and above £3000

4: the claimant also claims from the defendant interest pursuant to the count court Act 1980 at a daily rate of 0.66 from the date of issue of judgement.

[Michelle B]

Re: Default CCJ issued last against Qatar debt

I have sought legal advice and was told they don't have jurisdiction on which my defence was based, however because of my mess up email to the court I don't have an insight on how that would of went with the judge.

They first issued me with a stat demand, I defended and come the court day they pulled out the judge was informed by then they would not pursue and choose to take this route instead.

I have offered the bank many payment solutions, before any action was taken against me, the bank point blank refuses every time and insists the full amount should I be credited back to them.

[Diana M]

Re: Default CCJ issued last against Qatar debt

I have sought legal advice and was told they don't have jurisdiction on which my defence was based, however because of my mess up email to the court I don't have an insight on how that would of went with the judge.

They first issued me with a stat demand, I defended and come the court day they pulled out the judge was informed by then they would not pursue and choose to take this route instead.

Was that legal advice given by a solicitor who specialises in Consumer Credit?

Paragraph 3 of the POC is a concern.

(I'm glad you contested the Statutory Demand ).

Di

[Michelle B]

Re: Default CCJ issued last against Qatar debt

It was from a free legal advise Clinic who deals in consumer debt yes.

- - - Updated - - -

I have read many threads suggesting that split claims are a abuse of process, the full and final debt should be claimed from the beginning, they have obviously done it this way to reduce the court fees for themselves and not to have to go through a different track and facing the possibility of loosing, so testing the water out fisrt,

[Diana M]

Re: Default CCJ issued last against Qatar debt

It was from a free legal advise Clinic

In which case you may need a second opinion.

Di

[Michelle B]

Re: Default CCJ issued last against Qatar debt

Do you recommend any solicitors? Seems not a lot of advice coming from anyone here yet apart for you thanks.

[Diana M]

Re: Default CCJ issued last against Qatar debt

Do you recommend any solicitors? Seems not a lot of advice coming from anyone here yet apart for you thanks.

I couldn't recommend you to another law firm since I already work for a law firm.

Di

[R0b]

Re: Default CCJ issued last against Qatar debt

Do you recommend any solicitors? Seems not a lot of advice coming from anyone here yet apart for you thanks.

Perhaps you have answered your own question. There's been one person who has responded to your thread who seems to have knowledge about these sorts of claims. Logically, it would make sense for you to make contact and find out whether or not that particular firm of solicitors may be able to assist you in defending this claim, wouldn't you agree?