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hurricane01

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  1. Thank you for all the replies! I am filing my response right at this moment... To clarify: By "foregin judgement" I mean any judgement taken out against me in the UK will be viewed as "foreign" here. As a part of the domestication process to have it recognised in Hong Kong a hearing is requested if the judgement is disputed. One of the grounds to set aside is "improper jurisdiction". In other words if I had already established residence here (which I had) and in my case informed the foregin court/creditor of this recognition can be refused especially if it can demonstrated that the matter would have been contested (and thus impossible because of the distance). A creditor wishing to sue over an alleged UK debt will need to place this in the hands of a local attorney and bring the action in court here in Hong Kong. The courts will recognise a contract so long as it comlies with the law of the land in which it was signed. International recovery is not cheap when contested! (The alleged debt is not yet statute barred in the UK but it is in Hong Kong)
  2. The amount they are claiming is 11K (I don't like to say "owe", because, well I dont feel that I owe them anything). My concern is the domestication of a foregin judgement and even though that is costly if contested (and a waste of time and money if no assets can be located) I don't like to take chances. The way I would like to put it is because the debt is disputed and I intend to bring on a trial... as a self-litigant it would be impossible for me to present myself due to the distance and cannot afford legal representation in the UK (If they wish to sue me in Hong Kong bring it on!). I may even hint in my response that the claimant is trying to file in the UK to avoid a challenge to obtain summary judgement. At least that is how I am going to try responding. If anyone else has any more input i'd really appreciate it...
  3. I have been living outside the UK for 4 months now and received a summons to my old address for a disputed account. So far I have had my mail forwarded on to me in Hong Kong. I do not have any assets in the UK and even though I have sent a letter to the claimant due to the time limit for responding I don't want a default judgment entered into in my absence. Is there a form I can use to dispute the jurisdiction or do I just dispute this on the summons and return to the court? Or can I just send a letter to the court telling them that I do not live in the UK and the court does not have jurisdiction? I can have someone send a letter on my behalf from within the UK to make sure it arrives in a timely manner. Does anyone else have any advise to share please?
  4. Do NOT complete the Income & Expenditure forms. These are for MBNA to gather additional information on your finances to determine whether litigation would be prudent in the recovery of your debt (or to assist in a valuation should they choose to sell your debt to a third party). They are sent under the guise of "help" in the hope that you will answer these accurately and truthfully. DO NOT COMPLETE THESE FORMS!!
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