Hi Dx100, This is for the OD transferred case... Yup,all parties were aware I was abroad and I kept giving them address in Indonesia to send correspondence to...chose to ignore that and CCJ me.. My feeling is that a set aside would be too risky given so long after the fact..and the fees... Do I just tough it out and hope they go away, or wait for them to possibly take further action and then react to any action they are taking..? Many thanks

Thanks again, Yup, that was the background to how they gained a CCJ... If I made even a small payment now, is this likely to extend the payment schedule past the 6 years...?I seem to remember that they can still pursue the CCJ after 6 years, even though it has dropped off the register.. Or is this their last gasp at grabbing some money from me? Regards

Many thanks Andy, We do have a property here, and since a previous CCJ creditor did obtain one several years ago, whilst I was abroad this is one of my main concerns... Not sure whether I would be informed of any such application before it was granted.. I am tempted to borrow some money from family, and offer a full and final payment if they are willing to remove the debt from the system... Would I know if they applied for a warrant of control before a knock on the door..? Cheers

Dear All, I had a CCJ lodged against me in Mid 2014 for £1300.00 for a disputed debt with HSBC. I was living abroad at the time , and only found out about this a year or two later. I did not attempt to set it aside, and the matter has lay dormant for several years. I have never made any payments. I am now being chased on the home number and in writing and the letter states : '...if we do not hear from you within the next 10 days from this letter date we may instruct our clients's solicitor Howard Cohen and Co to consider action which could include : A warrant of control being issued An attachment of earnings on your salary A charging order being secured on your property ' I guess it is partly due to the 6 years being up soon, but would like advice on the following please? 1. Should I just wait this one out, or are they likely to send bailiffs ,or go for a charging order...how would I know this is in process? 2. Should I try to settle the debt at this point...currently unemployed.. Many thanks

Thanks Dx...it feels like a fishing trip to be honest,but let's see what the SAR throws up.. I know they were informed I wasn't here several times, and I hadn't heard anything for years until we returned.. Unsure why they haven't penalised me for 2012 onwards until we returned in 2015..? Maybe further penalties on there way.. Cheers

Hi there, I emigrated to SE Asia in 2006, and returned with my family in 2015. Before leaving I had been self employed, and on our return went self employed, notified HMRC and started Self assessment again. I have just received a letter from HMRC stating that I owe nearly 2K in tax and penalties for the years 2006 to 2012, much of which is for non rendering of returns. I can only guess this is a response to my notification that I am back...although this was done nearly two years ago. I did tell HMRC in 2006 I had emigrated and did not receive any returns posted to my address for many years. I have done a SAR online today,and written to them asked for more time whilst waiting on this, but is there anything else I should be reading up on in the meantime? Any other sage advice gratefully received. Many thanks

Thanks Ganymede,I will send an email to the Court and see how we are doing..Cheers

Thanks Ganymede,I believe the advice is normally to leave sleeping dogs lie, and not request set aside due to some risks involved..do you think this is true in my case?I have also sent a CCA request to Marlin, and expect that to be unanswered as well. Are there any other actions I should be taking at this time, do you think?Many thanks

Dear All,I received a letter from the Court acknowledging receipt of my defence dated 22 July.The Court also stated Claimant has 28 days to respond before the case is stayed. I guess with postage time we are now upon that, and I have heard nothing.Mortimer Clarke however have sent a letter to my old address, which fortunately my neighbour found and called me. They also claimed this had been emailed to me, but when I asked for evidence of this, all has gone quiet again.They also claim they are still asking their Client for further instructions, which is hilarious since they are in the same building...Having checked the Govt Portal there is no further action shown, so do I need to:1. Request the stay?2. Will this stop the clock on the 6 year statute barred, since I am getting closer and closer to this, and by March next year it will be statute barred?3. Should I instead insist they put up or shut up, and ask the Court to throw the case out..?As ever, any advice kindly received...Thanks

Dear Caggers,Just to finalise this one...I had to agree to give my ex half of the Policy value, and Aviva have finally done this...A lesson learned, but at least we can both move on with our lives...in different directions..Cheers

Thanks Andy... Appreciate all the good advice on CAG...

Dear All, A brief update...have received a letter from the Court acknowledging my defence,and stating that the claimant has 28 days or the case will be stayed.. I have also CCAd Marlin and will wait to see if they respond within the 12 plus 2... Cheers all

Not sure why this post has loaded badly on the Site...looks fine on my Windows document... Will double check for grammar etc when loading on MCOL..

Dear All 1. Itis admitted that I the defendant have held an account with Egg. It isdenied that an account was held with Egg under Account NumberXXXXXXXXXXXXXXXX which is referredto in a letter from Mortimer Clarke Solicitors dated 19.05.14 2. Thedefendant requested information pertaining to this claim by way of a CPR 31.14request on 02.07.14. The claimanthas failed to respond within the deadline set. 3. Without clarification of the claimants claim, the defendant is extremelydisadvantaged and the claimants claim appears to be without merit. Thedefendant asks to be allowed to submit a complete defence should the claimantprovide copies of the original documents he will rely on. 4. The particulars of claim are vague and unsubstantiated with regards to theDefendant owing any monies to the Claimant and the Claimant is put to strictproof to: (a) show how the Defendant has entered into an agreement or contract with theClaimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equityto issue a claim. 5. As per CivilProcedureRule 16.5(4), it is expected that the Claimant prove the allegation that themoney is owed. 6. Furthermore, if the Claimant is an assignee of a debt, it is denied that theClaimant has the right to lay a claim due to contraventions of Section 136and 196 of the Law of Property Act 1925 and Section 82 (a) of the ConsumerCreditAct 1974. 7. The claimant has failed to comply with sections 111 AND 1V of the pre actionconduct "practice directions". And the defendant has no knowledge ofthe Claimants assertion that they have complied. 8. For avoidance of doubt,the defendant is unable to plead effectively, or at all, to the particulars ofclaim without furtherclarification/disclosure. 9. By reason of thefacts and matters set out above, it is denied that the Claimant is entitled tothe relief claimed or any relief. Hopefully this is enough for now,

Hi Andy and Caggers Particulars of claim shown below: By an agreement between Egg Banking Plc and the Defendant on or around 31.10.2000 "the agreement" Egg agreed to issue the defendant with a credit card upon the terms and conditions set out therein. In breach of the agreement the Defendant failed to make the minimum payments due and the agreement was terminated. the agreement was assigned to the Claimant on 31.01.2013. The Claimant therefore claims : 1. 12k 2. Interest pursuant to section 69 of the County Courts Act 1984 namely 5k and continuing until judgement or sooner payment at the rate of 2.73 Just drafting my defence now and will post it on CAG before submitting on the Govt portal. Cheers