Received ccj for SB debt in Scotland

[mmalik]

Hi,

 

I am in a similiar kind of situation. I have signed a consumer contract back in sept 2004 and moved to scotland in 2005. I did not receive any thing or acknowledge anything for over five years to my creditor( I am living and working in scotland for over five years too) I have a county court judgment made against me two days ago for not paying to the creditor. In the judgment it is said as the contract was signed in the england therefore the english prescription law (which is six years) applies and i m liable to pay the money. Any advice???

Thanks

[mmalik]

Hi All,

 

I have signed a consumer contract back in sept 2004 and moved to scotland in 2005. I did not receive any thing from the creditor or acknowledge anything for over five years to my creditor( I am living and working in scotland for over five years too). I was residing in england when the contract was signed in sept 2004. I have a county court judgment made against me two days ago for not paying to the creditor. In the judgment it is said as the contract was signed in the england therefore the english prescription law (which is six years) applies and i m liable to pay the money. Any advice if limitation and prescription act scotland applies in this matter???

Thanks

[maroondevo52]

Have a look at these threads ......................

 

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

 

I think you could get the CCJ set aside, regards jurisdiction.

[toxygene]

mmalik suggest you start your own thread for this as it is obviously getting missed here. You can get this overturned because of jurisdiction but I don't know how to go about it. If you repost a new thread with your problem someone will give advice like they did for me. I won and got them off my back. You can too.

[IdaInFife]

Hi mmalik.,

 

Did you do anythign when you received the court papers?

 

i.e. did you respons or send any letters?

 

what court granted the ccj or was it a decree that was granted?

[mmalik]

Hi,

 

I have been issued CCJ in England in July 2010 when I was living in Scotland for over five years without any contact from my creditor. I appealed against the judgement but it was dismissed on the ground that I was living in England at the time of contract. I agreed to pay the creditor £70 a month, paid a few installments but then I could not pay further installment. My creditor and their solicitor did not respond. For last 10 months or so I have not paid any installment and my creditor and solicitor are both silent. Also I checked my credit file from Experian and it does not have any entry of CCJ. I m just wondering what is my status on CCJ and can my creditor contact me and demand the full money or what can be the worst case scenario?

 

thanks,

[maroondevo52]

Hi,

 

Could you explain the history of this debt, a sort of timeline of the events that led to the ccj where you were staying ect.

[mmalik]

thanks for the comment.

 

 

Please refer to the following thread for detail.

 

consumeractiongroup.co.uk/forum/showthread.php?270421-Debt-in-England-but-moved-to-scotland-five-years-ago&p=3058816#post3058816

 

Also to add in my thread I have searched trustonline.org.u to find if any CCJ is recorded on my name but found that nothing is registered on my name. Also checked checkmyfile.com and not found any CCJ on experian and equifax.

[maroondevo52]

Three threads merged.