Dear members,

I have been living abroad for the last 5 years now. I own a house in the UK which has been rented out through agency for almost 7 years. I recently have learnt that a few DCAs have acquired CCJ against me at this mortgaged property address which had never been my home. Some have gone to the extents of securing a charge at the property.

Almost in all cases, the DCAs have played the same old game of filing for a judgement just before the debt was about to become statute barred. The credit files (Experian, Equifax, Call Credit) do not show any longer, the debts for which CCJs have been issued.

It all started when the letting agent entered the house after the previous tenant moved out. The agent picked a letter addressed to my official name marked “HM Courts & Tribunals Service”. With authority, he read the letter which was a “Notice of Service by the Bailiff” issued by courts due to “Failure to provide statement of means”. The hearing date is 16th of November. Though the notice says that the court hearing can be cancelled should I provide statement of means and submit to bailiff’s office, but I intend to contest it as I do not acknowledge the debt. The DCA is Arrow Global.

I have gone through the forum and have an understanding that I have grounds to challenge the CCJ due to the following facts:

1. I was not in the country to defend when initial CCJ notice was served (proofs available)
   
2. It was not served at the proper address (the property address is NOT the last known address).
   
3. I DO NOT acknowledge the debt (this could have be proven had I known about the case and could have gone through the route of SAR and the request for original agreement).
   

I would request the members to please advise:

1. If multiple CCJs can be set aside through a single application.
   
2. How can charges at the property resulted through these CCJs, can be annulled (step by step process would be highly appreciated).
   

In my understanding, if I am able to set aside the CCJ (the Arrow Global above), the hearing on 16th would automatically stand null and void ?.

Your time and attention in responding to my query would be highly appreciated.

Talk_Voip

If you can't come back to the UK for any court hearings, you should appoint a UK solicitor to act for you. They will need to apply for a set aside for each CCJ, on the basis that you were not in the UK. Thr set aside would not be automatically granted. If you never informed any creditors that you had moved abroad, a judge may just allow the CCJ and any subsequent applications (charging orders) to stand.

Did you inform creditors of your address abroad ?

If the debts are definitely due and are not statute barred, can you make payments out of any rent you receive or does the rent just cover the mortgage ?

Dear unclebulgaria67,

Thanks very much for replying.

1. I can appoint solicitor to act on my behalf.
   
2. The question of informing the creditors does not arise as the CCJ has been issued at address that has never been my home and charge has been acquired subsequently only because Arrow Global searched the land registry and for the sake of putting a charge on the property, adopted the route of getting CCJ at my mortgaged property. Had the CCJ been issued at my last known address, I would have received it somehow (1. post redirection for initial two years 2. brother still living there).
   
3. All debts are statute barred (the last being in 2010).
   

Do I stand any chance of getting at least this CCJ (Arrow Global) aside? What argument do I have here in order to convince the judge that had the proper procedure been adopted by AG, I would have been in a better position to defend/ submit evidence.

Regards,

If you can't come back to the UK for any court hearings, you should appoint a UK solicitor to act for you. They will need to apply for a set aside for each CCJ, on the basis that you were not in the UK. Thr set aside would not be automatically granted. If you never informed any creditors that you had moved abroad, a judge may just allow the CCJ and any subsequent applications (charging orders) to stand.

 

Did you inform creditors of your address abroad ?

 

If the debts are definitely due and are not statute barred, can you make payments out of any rent you receive or does the rent just cover the mortgage ?

I would suggest that you appoint a UK Solicitor to deal with this. On the basis that you have set out, they should be able to get the set aside i.e not written to an address where you would become aware of correspondence and debt statute barred at the time of the court claim being applied for.

Think you will need to find out the CCJ information for each debt and get the solicitor to set aside. From what I have read, as soon as you become aware of any CCJ, you have to apply for the set aside 'promptly'. So I would suggest that you deal with all CCJs that exist now.

I would suggest that you appoint a UK Solicitor to deal with this. On the basis that you have set out, they should be able to get the set aside i.e not written to an address where you would become aware of correspondence and debt statute barred at the time of the court claim being applied for.

 

Think you will need to find out the CCJ information for each debt and get the solicitor to set aside. From what I have read, as soon as you become aware of any CCJ, you have to apply for the set aside 'promptly'. So I would suggest that you deal with all CCJs that exist now.

Thank you very much unclebulgaria67, I appreciate.

I am preparing the documents for solicitor. Will let you know how it went.

Regards,

Hello all,

After my last message on 24th of October, I spoke with numerous solicitors but could not engage any due to exorbitant fees they were asking to do the job. Anyhow, I’ve decided to come back and fight. I have to deal with at least 3 CCJs. But the most urgent is the one that has the hearing date coming up on 16th of November. For this CCJ, I have the following defense:

1. I did not receive the claim as the address claim was sent is not my normal residence
   
2. I do not acknowledge the debt; nothing is shown in credit files
   

Today, my friend has submitted N244 and £80 fee. I will travel back to UK once date is set for hearing. Following has been attached to the application:

1. Exhibit 1, showing all tenancy agreements for the last 6 years with copies of utility bills and/or council tax bill in the name of each tenant for the mortgaged property address that Arrow Global has made the CCJ at.
   
2. Exhibit 2, showing residency status abroad along with immigration stamps, overseas tenancy agreement, salary slips and bank account statements showing salary being credited for the time period in discussion
   
3. Exhibit 3, credit files from Experian and Equifax – This is to show the DJ that no account is shown in the files which the CCJ has been acquired for by AG.
   

The court has not set the hearing date; I guess it will be intimated subsequently.

Please advise on the following points:

1. Now that I have time in between, please advise should I contact the claimant for SAR? (Referring to the fact that coming 16th is the hearing date on “Failure to provide statement of means” for the same CCJ that I am contesting).
   
2. If court sets the hearing date on my N244 Set-Aside application past 16th November (16th being the hearing date for Failure to provide statement of means) then on hearing day (16th Nov.) should I tell DJ about the set aside application?
   
3. Am I supposed to provide statement of means even though I am contesting the CCJ?
   
4. I have not asked for any costs, can I ask during hearing or have to request in writing before the hearing date?
   
5. Any other order that I should have asked and have missed out completely?
   

I would appreciate your advice, Thanks.

Anybody, please .... Thanks

Regards,

I thought such an order MUST be served personally see EX324 ...

I thought such an order MUST be served personally see EX324 ...

Correct, however this is N63 that we are talking about. It was sent through post via 2nd class mail.

Regards

N63 Notice to show Cause section 23 of the Attachment of Earnings Act 1971

Thanks very much andyorch...

Can you please take some time and advise on the queries that I have on the matter (post 6 above). I would appreciate your quick response as the date is approaching soon.

Regards,

WHAT IF I DISAGREE WITH THE ORDER MADE BY THE COURT?

You or your creditor have 14 days to tell the court you disagree with the terms of the order. You should write to the court and keep a copy of your letter. You may have asked for the order to be suspended and need to give the court more details about why your employment may be affected. You may find the court has set the instalments too high. A hearing will be arranged in your local county court with a district judge in their private rooms. Make sure you go to the hearing and take with you your personal budget and details of your other debts. At the hearing you should explain to the district judge why the level of the attachment of earnings will cause problems or how the order will affect your job if it is not suspended.

Further information :- http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=22_attachment_of_earnings_in_the_county_court

Thanks andyorch,

I am a bit confused here. The information you have provided covers part of my query. I can agree and disagree with court on 16th which is the hearing date for N63. I have also submitted N244 requesting the court to set aside the same CCJ that I have received N63 for. I haven't received any hearing date yet. Hence, I would reiterate my questions that I have asked in my post No.6 above:

1. Now that I have time in between, please advise should I contact the claimant for SAR? (Referring to the fact that coming 16th is the hearing date on “Failure to provide statement of means” for the same CCJ that I am contesting).
   
2. If court sets the hearing date on my N244 set aside application past 16th November (16th being the hearing date for Failure to provide statement of means) then on hearing day (16th Nov.) should I tell DJ about the set aside application?
   
3. Am I supposed to provide statement of means even though I am contesting the CCJ?
   
4. I have not asked for any costs, can I ask during hearing or have to request in writing before the hearing date?
   
5. Any other order that I should have asked and have missed out completely?
   

Please take a look at them and advise. Thanks

Regards,

Thanks andyorch,

 

I am a bit confused here. The information you have provided covers part of my query. I can agree and disagree with court on 16th which is the hearing date for N63. I have also submitted N244 requesting the court to set aside the same CCJ that I have received N63 for. I haven't received any hearing date yet. Hence, I would reiterate my questions that I have asked in my post No.6 above:

 

1. Now that I have time in between, please advise should I contact the claimant for SAR? (Referring to the fact that coming 16th is the hearing date on “Failure to provide statement of means” for the same CCJ that I am contesting).You may but they may drag it out the the 40 days allowed
   
2. If court sets the hearing date on my N244 set aside application past 16th November (16th being the hearing date for Failure to provide statement of means) then on hearing day (16th Nov.) should I tell DJ about the set aside application? Yes if he's not already aware
   
3. Am I supposed to provide statement of means even though I am contesting the CCJ? You must return it completed but also state that you have made application
   
4. I have not asked for any costs, can I ask during hearing or have to request in writing before the hearing date? Raise it at the application hearing
   
5. Any other order that I should have asked and have missed out completely? Not that I can think of but you could ring the Court and advise of the application and if it could be heard together?
   

Please take a look at them and advise. Thanks

 

Regards,

Regards

Andy

Thank you very much, I appreciate.

Let me call the court and ask about the hearing if they could allow both applications to be heard at the same time. Let you know the outcome.

Thank you again and best regards,

Hello folks,

I contacted the court and requested the two cases be merged. The court manager did not accept my request saying that an application for set aside has already been made and paid for. The DJ will only hear for what the case has been listed for. In effect, I did not push her as I was not very confident about my home work on the entire process. The questions hovering my mind are:

1. If I tell DJ that I have made a separate application for set aside during N63 hearing, then either he would not do anything and adjourn the hearing until the other application is heard and outcome is received or
   
2. DJ may ask whether or not I have done reasonable efforts to dig out more on the matter (having done an SAR and CPR 31.14 request) to produce some more evidence than whatever has already been submitted (proofs submitted in support of living abroad when claim issued)
   

Currently the situation is that:

• I already have made N244 application to set aside the CCJ on the basis that the claim never reached me. It was not sent at my last known address/ proper address.
  
• I have not done any SAR to the original creditor due to the fact that I do not even know who is the actual creditor due to lack of information currently in hand. What all know is that I have a hearing for N63 on 16th and that has been made by Arrow Global. Had I made CPR 31.14 request, I would have had some information.
  
• Hence, I do not have anything else in my support on N63 hearing !
  

Please advise if I should be OK going to court on 16th and simply saying to the DJ that I have made N244 for set aside and this N63 application made by the claimant be annulled ?

And once DJ makes any decision, I start the usual process of CPR 31.14/ SAR to accumulate defence for actual N244 hearing ?

Your advice would be highly appreciated today as time is running out for me. Thanks

Regards,

talk voip..... on the N56 did you tick to suspend and state you had made application to set a side ?

Regards

Andy

talk voip..... on the N56 did you tick to suspend and state you had made application to set a side ?

 

Regards

 

Andy

Hello Andy,

The letter that I received from Bailiff had a cover note telling me that the Bailiff would not be required to serve the court order on me provided I return fully completed the N56 form attached to it and an N63 in case I do not return the N56 then I must attend the court on 16th. I have decided to attend the court.

However, after looking at the form N56, I do not find any appropriate column where I could tick to suspend the order or to write that an application for set aside has been made. Thanks

Regards,

No 10!!!!!

No 10!!!!!

Thanks Andy. Yes I can see this now.

So you want me to fill this section and return or take the form with me at the hearing?

Regards

Thanks Andy. Yes I can see this now.

 

So you want me to fill this section and return or take the form with me at the hearing?

 

Regards

Both

Ok, understood ...

Thanks Andy. I will update after the hearing.

Regards,

Hello folks,

Today I have received Notice of Hearing from the court for the application that I made for set aside. The hearing date is 24th of January 2013.

At the bottom of the page, it says

Please Note: This case may be released to another judge, possibly at a different court ......... ? is this something I should be worried about ?

Moreover, I am also concerned about the documents that I have submitted to the court. I have provided 3 copies of the entire bundle. Does it mean that court sends one set of documents to the claimant ?. If this is the case then defendant (I) is vulnerable to misuse by the claimant of the information that has been provided to court as evidence and for the sole purpose of reaching a decision by DJ??

I am extremely worried ever since I have thought about this. Pleases advise. Thanks

Regards,

Hello folks,

 

Today I have received Notice of Hearing from the court for the application that I made for set aside. The hearing date is 24th of January 2013.

 

At the bottom of the page, it says

Please Note: This case may be released to another judge, possibly at a different court ......... ? is this something I should be worried about ? Not really its standard

 

Moreover, I am also concerned about the documents that I have submitted to the court. I have provided 3 copies of the entire bundle. Does it mean that court sends one set of documents to the claimant ?. If this is the case then defendant (I) is vulnerable to misuse by the claimant of the information that has been provided to court as evidence and for the sole purpose of reaching a decision by DJ?? Not sure what you mean by bundle...bundles are for trial they will only receive a copy of the application and the 1 sheet of evidence you should have provided in support of said application

I am extremely worried ever since I have thought about this. Pleases advise. Thanks

 

Regards,

Regards

Andy

Hello Andy,

I appended numerous documents to N244 application form showing my residence overseas and a few showing that I have not lived at the address for many years now. This made it a bundle of documents that I submitted to court. The clerk at the counter asked for 3 copies and hence I supplied 3 sets of the same documents. The clerk stamped one set and attached the payment slip on top of it and returned it to me. She kept 2 sets.

This is the reason of my worry as to why she kept 2 sets? Will she send one off to Arrow Global? or the 2 sets are for internal use.

I hope this clarifies.

Regards,