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    • No it's not on my credit file, never has been either 🤷‍♂️
    • Ok thank you. So, am I implying correctly that even though I am overseas, and able to have any correspondence to the UK address forwarded to me, there is still a chance that bankruptcy proceedings could be brought against me?   Selling the property isnt really an option.    Also I'm a bit confused. In reply ~12 the advice is to get the defaults and let them run their six year course, but if I make small payments wouldnt that keep the clock running?
    • Well, we have also been done by Yewtree Cars/James Harrison! We bought a Land Rover Discovery from him off a dealer site on 28th December 2020. He advertised it as 1 loving owner (true, I tracked him down on Facebook, really nice guy!) throughout the advert WOW full dealership service history, WOW new cambelt, WOW new MOT, WOW full valet including decontamination clean WOW, WOW, WOW!!! We paid £4500 for the car plus £280 for delivery from Solihull to Winchester. He sent 3 texts reminding us to ‘look after the delivery guy cuz he’s a top man’! Soon worked out that HE was the delivery guy! They dropped the car off and scarpered. It was dark when it arrived, initial thoughts were it was disgusting inside. I have never seen such a filthy interior. He even left his sweet wrapper inside. He drove the vehicle down to us (we thought that we were paying for a transporter). It was running on fumes, so we took it out to get fuel. Straight away noticed automatic gearbox slipping. Not a good start. Next day messaged dealer asking for the receipt, twice, he said that he was in Dubai (in his dreams!) for 2 weeks but would send it when he got back.  Before he delivered the car, he said that if we weren’t happy he would personally come and collect it. Sent him a message (I like to keep proof of conversations) to say that we certainly weren’t happy and wanted to return it. His reply was - SOLD AS SEEN, YOU GOT A CHEAP CAR! Thinking we would have to cut our loses, we had a new gearbox put in, only to find that the crankshaft had also gone and then the bottom part of the engine had to be replaced. Also the suspension at the front was leaking oil (mentioned as an advisory on the previous mot, which he said had been done). He forged an entry in the service book saying that it had just had a cambelt change (false Land Rover stamp), confirmed by previous owner and Land Rover. So, after 8 weeks of being at the garage and £7000 - YES £7000! later we certainly did get a cheap car from him. Are we going to let this go? NO! I have found out his real name and I am going to pursue him through the court until I get this money back. He is the worst kind of confidence trickster, a lier and a thief. We will have no hesitation in scouring Solihull for him, whatever it takes.
    • You want to avoid any CCJ's, by ensuring all UK creditors have your current address abroad.  Also as dx suggests, making small payments based on current affordability would be wise.   Keeping the accounts running with original creditors bu making minimal payments, will give you time to consider options.   If it were myself in this position, I would be thinking how quickly could I get the tenants to vacate the UK property and how quickly could it be sold.  This would enable me to at least retrieve some equity after repaying any secured loan and the equity would then enable me to plan the next steps in my life.  I am not advocating walking away from debts, but I would be thinking, that if I end up with CCJ's or worse Bankruptcy, then with additional costs being added, I would have no money left.  And worse, if I had  to sell the property quickly, it may sell at a reduced price and I could still owe a debt after it had been sold.   So may be you should be getting some formal financial/legal advice in the near future, to see what you can do, to protects your interests as much as possible.    
    • Well rac just responded    Ironically they're saying they bear no liability as the - and this is their words   "the catastrophic engine damage had already occurred before the first patrol arrived"    I've emailed back to say simply that we are unable to accept this explanation as the patrol did not raise any concerns in regards to engine damage and that if the engine had been "catastrophically damaged" that they still bear liability for advising to continue towing on it which caused the actual failure    Gave them 14 days to reconsider before opening small claims...     
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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CCJ Registering from England


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I hope some one can give me some advice. This has become VERY complicated due to a company I used to work for becomming vexatious. I will try and keep it as clear as possible.

 

I live in Scotland.

 

Around 2003 I was working for a tool distribution company ( HQ is in England ). They brought in a scheme where every employee could buy a PC through a Tax Break Programme. I Signed up for one costing £1499. The document I signed was headed "Tax Break Programme Contract Agreement ( Agreement) ". For information , I signed it but no one else did and there is no APR mentioned. I bought into this plan as I was very happy in my employment and had no intention of leaving the Company in the near future.

Moving on.....

July 2005.

I inherited a Manager who was a bully. A situation arose where i was "Forced" to resign. During the process of going to Employment Tribunal the " Management " closed ranks and tried to play dirty tricks. I owed around £600 left on the PC. I wanted to continue to pay my monthly payment but was not allowed. Eventually after about a year It came to tribunal. Everything was taken into consideration and I won my Tribunal. I was awarded £7000. It cost me £20000 to run the Tribunal so it actually cost me £12,000 in the end to get Justice as you don`t get "costs" back in Scotland!!. The Manager remained in his job and they lost nothing!!. They refused to pay what the court ordered them to pay and about 18 months later and more expense to me I had to pursue the amount in and Englsh court representing my self this time as I could not afford another Solicitor.

When I appeared at the Court in England, the " Company" put in a counter claim stating that they over payed my salary. In other words they could not explain the PC situation as it was all part of the Tribunal calculation. When The Judge found out that this had already been ruled by a court in Scotland , she was FURIOUS! and "threw " the Company`s counter claim out immediately and ORDERING them to pay me within 10 days.

 

I then recieved full payment. For the last few years they have been sending threats of debt collectors through different solicitors every few months to get Money back from me. They claim it is Debt I owe them. I contact each Solicitor and explain what they are doing and then send copys of the tribunal judgement and the county court judgement and then the solicitors drop them. Every few months they use a new solicitor and I have to do it all over again.

 

This time though I have had a CCJ sent to me ordering me to pay £2500 from a court in England. I had no warning of this and by the time I have the letter it is too late.

 

It seems like big multimillion pound companies can just squash the small fish when they feel like it as I do not have the financial resource to cope with this.

 

2 questions I guess.

 

1. Can they put a CCJ on My credit file and enforce from England even though it was them who dismissed me unfairly.

 

2. would this fall under the CCA in the sense that it does not look like I signed anything like a proper Credit agreement. ( Bearing in mind It was not me who left the Company, I was unfairly dismissed ).

 

I apologise for this being so long winded and I hope some one can help me.

 

Best regards and Happy New Year

 

KAALMAC

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Hello and Welcome,

 

I'm not really too clued up on this but...........

 

The Civil Jurisdiction & Judgements Act 1982 covers jurisdiction issues in relation to court actions.

 

For individuals, jurisdiction is based upon where they are 'domiciled'(their place of residence) although there are a few exceptions but these are quite rare.

 

Accordingly, where a creditor is pursuing an individual for a debt then they should do so at the sheriff court within whose jurisdiction that the debtor resides.

 

Contact a local community law firm or solicitors who are capable of dealing with such issues.

 

Please note that even if you are successful in challenging the CCJ on jurisdiction grounds, First Credit may then commence legal action at your local sheriff court.

 

To enforce a CCJ in Scotland, the creditor has to register it for enforcement at the Books of Council & Session (Court of Session) which will then give the authority for a Messenger-at Arms (Officer of Court similar to a Sheriff Officer) to serve a Charge for Payment.

 

Have a look at this link....................

 

Can I be sued in England? | free help from Govan Law Centre , Glasgow

 

Regards.

 

Scott.

 
 

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As Scott says you have a standard resposne in that they cannot get a ccj on the basis you live in Scotland.

 

Do you have any details about the ccj? what sols it was?

 

I know of peeps who have wrote to them to advise them off their error and they have removed the ccj's

 

if not then you would need to apply for a set aside on the ccj to bring it back to court and then state your jurisdiction

 

Ida x

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Thank you for your comments so far. Is there a standard template letter regarding me living in Scotland that I can send to have the CCJ removed?

 

Best regards

 

KAALMAC

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Hi,

 

This is the defence I used when they tried to do the same with me.........

 

Denied that this court has jurisdiction. I reside at [insert your full postal address]. This is my principal or main home and I am domiciled here for the purpose of section 41 of the Civil Jurisdiction & Judgments Act 1982 ('the 1982 Act').

It is alleged that a contractual agreement was entered into dated 14th June 2001 with the plaintiff. The defendant would have entered into any such contractual agreement as a consumer. Paragraph 3(4) to schedule 8 of the 1982 Act provides as follows: "(4) Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i)". Rule 2(i) concerns moveable property which has been arrested and is not applicable. Paragraph 3(6) does not apply. Accordingly, this action is incompetent for want of jurisdiction and should be dismissed with expenses in favour of the defendant.

 

You could maybe amend to suit.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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it initally would be just a basic letter to the sols asking them to remove the ccj due to being served within England and you reside in Scotland or you will apply for a set aside and costs and give them 14 days to remove it

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Thank you everyone for your advice so far. I am going to make a decision today as to what to do.

 

Please can I ask what is "SOLS" ?

 

Is the basic letter i send, the one that MAROONDEVO52 mentions? If it is it it simply a matter of sending it to the county court?

Finally, do I sign it?

 

Thank you

 

KAALMAC

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Hi Kaalmac,

 

Sols is an abbreviation for Solicitors.

 

As I see it you should have been advised of any court action. They failed to do so and that was error #1. The raised action in a court which does not have jurisdiction. That was error #2. You deny having a valid Consumer Credit Agreement and to date they have failed to prove otherwise. Any action they could have raised would be based upon such CCA. There we have error #3

 

The MAROONDEVO52 letter may need minor tweaks before sending but I think it covers the aforementioned errors.

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  • 4 weeks later...

Hi there, I went to see a solicitor who looked glazed over and said that I would have to get an english solicitor as he didn`t even understand how they could do this. The court infact issued the CCJ against me. I have sent a fee of £75 to apply for set aside and to bring it to a sherriff court up here ,now they have told me that I will have to go to England to another hearing to have it set aside. I am now completely confused as no one sees to be able to help and I can not defend my self:(.

Am I the only person in Britain that this can happen to?

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Many Scottish legal firms have English branches or affiliations with English firms and some even operate on a global scale. Surely chatting to such a firm would be a wise start and many will grant you an initial consultation free of charge.

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you do not need a solicitor to do this you can do this yourself,

 

and no you aren't the only one this has happened too

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/228555-ccj-jugement-england-reside.html

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/215087-ccj-scotland.html

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Hi again,

 

I phoned the other sides Solicitors "Credit Style Ltd " and asked them if they would agree to set aside. The woman said no and quoted me that they DO have jurisdiction and quoted me the "Civil Juristdiction Act 1982"

 

Are they right?

 

Thanks again

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I have not read it either, but so far as I was aware a court cannot have jurisdiction if you are not domicile within the area it covers, you tell us that the other party consider that Civil Jurisdiction and Judgments Act 1982 affords then the right to raise the action they did. Surely somewhere in that lengthy document it should be easy to spot the where this right is granted if it is indeed true?

 

Could they be referring to 16.1.b which reads

 

(b)the defendant or defender is domiciled in the United Kingdom or the proceedings are of a kind mentioned in [F3Article 22 of the Regulation] (exclusive jurisdiction regardless of domicile).

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ah I see, so infact they can.

 

It`s a done deal then. I will have a completely unlawfull CCJ from an ex employer who simply has the money to do it:(, It is a true miscarriage of Justice

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no they still do not have jurisdiction - they are trying to baffle you -

 

do not call then - write to them -

 

 

Dear XXXXXX,

 

I have been made recently aware that you have obtained a county court judgement against me.

 

Let me draw your attention to paragraph 3(4) of schedule 8 to the Civil Jurisdiction & Judgments Act 1982 in where that xxxxxxx county court has no jursidiction to grant any such county court judegement against me.

I contacted your office on xx/xx/xx where i was advised that you would not be removing the ccj and tried to mislead me by misquoting the Civil Jurisdiction & Judgments Act 1982 . I am granting you a further14 days to remove this county court judgement and to reply to me in wiring within the time to confirm the county court judegment has been removed.

If this has not be completed within this timescale, I will then apply for the ccj to be set aside and will make a written statment to the court detailing your abuse of process and further frustating these processding by failing to remove it and misleading a litigant in person and I will be applying for all costs that will be associated with the ccj removal.

I await your response.

Send this by recorded delivery at lease but would suggest special delviery.

Ida x

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i spell bad so please spellcheck before hand

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Ida,

Thank you so much for this. I will send this off tomorrow. The hearing for setaside which I can not attend, distance and cost etc is at Barnsley County Court on Feb 16th. so I do not have much time. I take it I should send a copy fo this to the court as evidence along with my statement of truth.

 

Thanks

Kaalmac

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reason for set aside

 

Denied that this court has jurisdiction. I reside at [insert your full postal address]. This is my principal or main home and I am domiciled here for the purpose of section 41 of the Civil Jurisdiction & Judgments Act 1982 ('the 1982 Act'). I allegedly, entered into a contractual agreement with the plaintiff as a consumer. Paragraph 3(4) to schedule 8 of the 1982 Act provides as follows: "(4) Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i)". Rule 2(i) concerns moveable property which has been arrested and is not applicable. Paragraph 3(6) does not apply. Accordingly, this action is incompetent for want of jurisdiction and should be set aside with expenses in favour of the defendant.

 

 

Ida x

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did you address it to the court clerk?

 

did you send by recorded?

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