CCJ Success.....Maybe ??? **WON**

[Nicoblue]

You may remember that HSBC obtained a CCJ against me back in December at my last known UK address ! (I had been living in Oz for 18 months at the time - and had sold my UK Property).

Anyway I appealed against it to be set aside based on the fact that I was no longer living in the UK, and the Fact that HSBC had my address in Australia, but never wrote to me here !!!

 

This morning got a letter to state :-

 

The court has agreed to set aside judgement against you, no parties were present, and the claimants had written to the court allowing this to happen.

They then say "The defendent has util 4th July to submit defence" !!! This bit confuses me..thought I had submitted everything when appealing, what else can I submit, and what would happen if I dont submit anything ??

 

Guess nothing really as I am now longer living in my UK property ?

 

Any Ideas from you guys on here please

[faza]

the point of getting a judgement set aside is if you have a decent chance of defending some or all of the claim.

 

once the judgement has been set aside, you now have to submit your defence against the claim.

 

if you do nothing they will just enter another judgement against you in default and bar you from making further applications to set aside judgement.

 

do you have any grounds for a defence to some or part of the claim?

[Nicoblue]

the point of getting a judgement set aside is if you have a decent chance of defending some or all of the claim.

 

once the judgement has been set aside, you now have to submit your defence against the claim.

 

if you do nothing they will just enter another judgement against you in default and bar you from making further applications to set aside judgement.

 

do you have any grounds for a defence to some or part of the claim?

 

The only grounds for defence I have is that I had movd House - well overseas to be exact, and in Fact advised HSBC of this, together with a payment proposal - they actually wrote back to me (Addressed to my UK address - stating they would not accept such re-payment plan) - The next correspondance was a County Court summonds......BTW - They did not submit any paperwork, such as a breakdown of the amount owing or any CCA.

 

However the fact that I am no longer a UK resident, and wasn't at the time of Original Summons would I understand be defence in itself....would it not ?

 

Surely a CCJ cant be issued against a person who does not reside in the UK ??? - Or can ot ??

[Spamalot]

Hiya,

Can you post a link from your original thread so we can see where all this has come from?

 

I tried to find it but you have so many and I got confused

 

Thanks, Spam

[Nicoblue]

Hiya,

Can you post a link from your original thread so we can see where all this has come from?

 

I tried to find it but you have so many and I got confused

 

Thanks, Spam

 

Spam,

 

Original Post below.

 

Hope somebody can assist me out there.

 

I am no longer living in the UK

 

I wrote to HSBC in November with Offer of Payment against a debt with a Full Financial Statement, however I have not had a response from them at all.

 

I now live overseas, and have my mail re-directed, Just before xmasI got a CountyCourtClaim - dated 4/12/08. with 14 days to respond !! This was submitted by DG Solicitors to the CountyCourt.

 

I no longer live at the address it was sent to - as mentioned I am oversas and advised HSBC about this.

 

It was too late to respond within the 14 day period, and I wrote to the court to explain. Not understanding the system of course.

 

I got a Judgment by default issued on 31st December - only recieved at my correspondance address yesterday

 

It is a business account (Not Limited Company) sole trader overdraft !!

 

A run down of events as below !

 

The bank demanded payment in full, no breakdown of charges, closed my account, and then just reffered to Metropolitan/DG Solicitors (HSBC in house).

 

I wrote to all parties with offer of payment together with Budget sheet, and pro-rata payments against other creditors, nobody responded, I even advised I was overseas, and quoted a correspondance address to writ to as well as e mail address.

 

When I got the claim form, the 14 days had passed by (my UK Mail gets forwarded to a Mail Box in Australia) - I wrote to the court top explain everything, and sent them exact copies of all correspondance, and the offers of payment I made.

 

Judgment was granted by default on 31/12 - requesting that I pay in Full - I again sent a letter to the court after recieving this (Yesterday) outling all previous correspondance, and payment offers.

 

I have been told that now jugment has been granted, that this can now be pursued for payment through the Australian Courts - and am obviously worried about this.

 

Help/Guidance Please as I am no legal eagle !!!

 

Many Thanks.

[Spamalot]

Ok found it....

 

This one I believe

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/174983-county-court-claim-recieved.html

 

I've put it in so people can read the background of the process and maybe help a bit more...

 

You might want to think about getting a MOD to merge the threads.

[Spamalot]

You may remember that HSBC obtained a CCJ against me back in December at my last known UK address ! (I had been living in Oz for 18 months at the time - and had sold my UK Property).

Anyway I appealed against it to be set aside based on the fact that I was no longer living in the UK, and the Fact that HSBC had my address in Australia, but never wrote to me here !!!

 

This morning got a letter to state :-

 

The court has agreed to set aside judgement against you, no parties were present, and the claimants had written to the court allowing this to happen.

They then say "The defendent has util 4th July to submit defence" !!! This bit confuses me..thought I had submitted everything when appealing, what else can I submit, and what would happen if I dont submit anything ??

 

Guess nothing really as I am now longer living in my UK property ?

 

Any Ideas from you guys on here please

 

The judgement has been set aside for the time being because you were out of the country and proveably so as far as I can see.

 

You are now back to square one where you have to defend the claim from scratch...

 

This is purely just my opinion.... If you have no legal reasons to challenge the claim it may be better to contact the claimants to try and settle out of court so that they can withdraw the claim.

 

You MUST defend it now unless you want another judgement by default!

 

Do you have another claim form?

 

I know you can submit a defence online but It's not something I've ever done.

 

Just musings so far, and more than happy to stand corrected by the knowledgeable ones

 

Spam

[faza]

what you could do now is make a defence with an embaressed plea:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/204093-template-needed-embarassed-defence.html

 

you need to gather all the information regarding the claim, the original terms and conditions of the overdraft, signed agreements, breakdown of the claim costs, go through everything and it is highly likely you will find alot of unfair charges.

 

the unfair charges will allow you to challenge some of the claim if not all.

 

the problem with offering payments is that the banks are still charging interest on the outstanding balance, so what you may offer might not even cover the interest let alone the principal outstanding balance.

 

if you make an embaressed plea(you will have to edit the template to fit your circumstances) then hopefully the court will give you more time and order the bank to send you all the details regarding the claim.

 

 

 

 

I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.

[the_shadow]

I may be missing something here but as the OP is now in Aus and has no property here?

 

Surely there is a jurisdiction issue here... if there is no uk address to serve documents to now then surely the case cannot continue in this country?

 

S.

[Nicoblue]

I may be missing something here but as the OP is now in Aus and has no property here?

 

Surely there is a jurisdiction issue here... if there is no uk address to serve documents to now then surely the case cannot continue in this country?

 

S.

 

That is what I thought - Should I send the court a defence and advise them that I am no longer a UK resident with No UK Property ???

[Nicoblue]

I may be missing something here but as the OP is now in Aus and has no property here?

 

Surely there is a jurisdiction issue here... if there is no uk address to serve documents to now then surely the case cannot continue in this country?

 

S.

 

 

Hi Again

 

I actually called the UK Court last night - They said that I would have to file a defence as the "Defendent" - When I told them I was no longer a UK Resident, nor did I have a UK property, they said that I still had to file a defence, and the Judge would decide !!

 

Not sure now what to say in Defence !!!! apart from send the court copies of all correspondance that I had with HSBC - (where I offered payment and advised of address change etc !!!)

 

Any guidance would be most helpful.

[Nicoblue]

Guys would really appreciate some help here please.

 

As you will have seen I live in Australia now - and responded to above CCJ, by filing a defence...so that part is OK !

 

I have now been sent a N150 Allocation Questionare....as the defendant, It says that the claimant will have to pay GBP 200.00 on the filing of Allocation Questionare.....Now Confused !!!!

 

As the defendant do I have to fill in....Not living in the UK it is also difficult to get back to the court by the date required....Also they ask What dates I cant attend any hearing........well I cant attend any (Not living in the UK).

 

Who pays the GBP 200.00 fee ??

 

What happens if I dont fill in the form as the defendent ???

 

If I have to fill in ...what do I put ??

 

Very Confused as you can imagine !

 

Help Please........anyone

[the_shadow]

Ok, firstly they pay the £200 so no panic there...

 

To help with the N150 form follow this link ->>http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

You need to ask for disclosure of documents to help your case, you will need to see the original application/default notice/termination and statements.

 

If you dont fill the form in they can apply for judgment by default. As to the dates not available, put you can only use teleconferencing facilities as you no longer reside in the UK.

 

Just my opinions.

 

S.

[Nicoblue]

Ok, firstly they pay the £200 so no panic there...

 

To help with the N150 form follow this link ->>http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

You need to ask for disclosure of documents to help your case, you will need to see the original application/default notice/termination and statements.

 

If you dont fill the form in they can apply for judgment by default. As to the dates not available, put you can only use teleconferencing facilities as you no longer reside in the UK.

 

Just my opinions.

 

S.

 

 

OK GUYS - UPDATE

=============

 

OK, Filed my defence, then had to submit Allocation Questionaire...as did Claimant (HSBC).

 

Remember I live in Australia !

 

Found out after the last day for submission of AQ (From the Court) that claimant had not submitted there AQ...they also had to pay GBP 200.....guess that is why they did not submit.

 

(Now for your info, have been paying a small ageed amount per month which would take 40 years to pay back some 6k)....well this is the letter I recieved today from HSBC (DG Solicitors)

 

"We write in relation to the above numbered claim (btw quoted wrong claim no !) and in particular to the defence which you have filed and the monthly repayments which you are making.

 

Our Client is Happy to continue to accept said repayments and, subject to those monthly repayments being maid we shall not be pursuing the above numbered claim.

 

Should both parties agree to bear their own costs in this matter we are happy to discontinue the claim. Should you be agreeable to this please confirm same in writing, and upon receipt of such confirmation we shall file the relevant notice of discontinuance at the court. "

 

Questions :

 

1) The Judge/Court must decide whether claim struck out or not if the claimant doesn't respond to AQ - Is that right ?? (HSBC have failed to provide any Evidence, CCA, etc...and filed the CCJ with the knowledge I no longer lived in UK)

 

2) If I agree, to DG letter what do thy mean by bear own costs - It has cost me to defend such claim...in addition to the original CCJ being added to the debt ??

 

3) What if I agree, then just stop paying in a month or so. ?

 

4) Would rather the Judge throw the claim out, then I guess I would not have to pay anything at all ??

 

With your guys help I have got to this stage, and the final hurdle is a little closer...any suggestions please Guys.

 

Thanks Nic

[the_shadow]

1) The Judge/Court must decide whether claim struck out or not if the claimant doesn't respond to AQ - Is that right ?? (HSBC have failed to provide any Evidence, CCA, etc...and filed the CCJ with the knowledge I no longer lived in UK)

Not filing an AQ means you can apply for judgment by default, yes, however more likely the court will give them more time firstly.

2) If I agree, to DG letter what do thy mean by bear own costs - It has cost me to defend such claim...in addition to the original CCJ being added to the debt ??

Exactly what you think they mean, neither side will claim any cost off the other.

3) What if I agree, then just stop paying in a month or so. ?

Well as they know you live outside of the UK and the court now knows you live outside of the UK, not sure if they can issue new proceedings against you.

4) Would rather the Judge throw the claim out, then I guess I would not have to pay anything at all ??

Then you would need to request a judgment by default from the judge due to the AQ not being filled in and see what comes back.

 

Form N227 from hmcourt site..., cant link sorry as there is a problem with the hmcourts document site at present. It costs nothing to apply for this BTW.

 

All just my opinions

 

S.

[Nicoblue]

RESULT - I think !!!!

 

Just telephoned the court as HSBC/DG had until 4th September to file AQ - this had been extended twice for them by the court !!

 

I was told that AQ had NOT been filed, and that the case would now be put to the Judge that the claim & CCJ be struck out (in the courts words - Most Definately Struck Out)

 

Feels a good sense of achievement now...........What next, can HSBC/DG do anything ?? - or is that the end of it all !!

[Nicoblue]

RESULT - I think !!!!

 

Just telephoned the court as HSBC/DG had until 4th September to file AQ - this had been extended twice for them by the court !!

 

I was told that AQ had NOT been filed, and that the case would now be put to the Judge that the claim & CCJ be struck out (in the courts words - Most Definately Struck Out)

 

Feels a good sense of achievement now...........What next, can HSBC/DG do anything ?? - or is that the end of it all !!

 

DEFINATE RESULT

 

Just had e mail from the court, and I quote :-

 

I can confirm that the

action has now been struck out because the Claimant failed to file an

Allocation Questionnaire despite an 'Unless Order' from the Court. So the

case won't now proceed any further.

 

Guess I stop paying the "few Quid" a month that I was paying them.....

On a serious note , what happends now ?? - Is that the end of it or would H*** try to sell on for collection ???

Could I counter Claim ??

Just dont know what to do now.....

PS Thanks to all for reading and advisng re this...

[supasnooper]

Congratulations and well done.

 

Keep that e-mail very safe.

 

HSBC/DG will find it very hard to come after you again due to "Res Judicata".

 

I do hope you enjoyed a celebratory tipple or two.