General UK Court query when I reside somewhere else in EU

[penmarine]

Hi there

 

Not been on here for a while CAG that is, as most things have went quiet (which I don't always like). That is my apparent paranoia out the way. If I get taken to court or the wife does (and we dont appear at court) when we are abroad, can enforcement orders etc be set aside? I'm at a BFPO number so, technically I'm not a UK resident I dont think (please correct me if I'm wrong). As I'm led to believe from reading some of the legal threads paperwork has to be served on a debtor in a certain way i.e. recorded delivery, by hand, courier. Now is there a limit on the time a DCA has on serving this type of paperwork from you leaving the country aswell? As I've been out the country for nearly 3 years but only stopped paying the DCAs after CCAs/DSARs about 6 months ago. Most of them in my eyes are in dispute. Any help appreciated. PM

[cerberusalert]

can enforcement orders etc be set aside

They cannot obtain a CCJ against a non-uk resident. If they used a previous UK address to obtain one you could have it set-aside.

[penmarine]

Cheers CA, I take it being at a BFPO classes you as a non uk resident then? and RCT that was a long time ago! PM

[cerberusalert]

I take it being at a BFPO classes you as a non uk resident then?

AFAIK yes, but I've asked one of the other mods who's 'involved' to look in as there could be other implications because of your job.

RCT that was a long time ago!

Old & Bold nowadays... Old & Bold.

[penmarine]

Hi CB, just as a bit of info for you and others close to my situation, DCAs cannot register anything on a BFPO. Experian and Equifax told me over the phone. Only found out as I had dramas with getting a credit report. PM

[penmarine]

Hi just a query about a situation I've just come up against. Got a letter yesterday from one of my DCAs pretty much saying no more mister nice DCA, pay up or we will contact our lawyers in your country to proceed with collecting the debt. Now after reading the thread UK Debt in Canada, I've come to the conclusion the DCA would have to go to UK court first to get a CCJ before selling it on to a DCA in my country, as the CCA was under UK law, so UK law has to be followed. Is this correct? And if they did go to UK court I can get it set aside as they won't have served the paperwork on me in the correct time line etc? The account is in dispute anyway, has been since July 10. Can anyone shred any light on what I should do, as IMHO opinion I was just going to ignore the letter, as regardless of my job, I'm registered as living in the country I work in with the local authorities, so I see myself as a non-UK resident. I'm of course ready to stand corrected! Any help much appreciated. PM

[cerberusalert]

Have a read of http://www.consumeractiongroup.co.uk/forum/showthread.php?250889-Can-I-Be-Sued-For-An-Overseas-Debt

[penmarine]

Thanks CB,

 

Had a quick read, will have a more in depth on in a minute. It all seems to be a question of my residency, i.e. UK resident or a non-UK resident if Connaught sold it on in that case (I will have to get a definative answer). And I don't know whether the country I live in would touch it, they may but from the paperwork I've seen from the DCA I would not as it was one signature sheet with nothing else.

And if they can EDIT up a CCA request, I think they'd be hard pushed to complete foreign legal paperwork through correctly aswell. I think I will DSAR them and give myself an extra 40 days, which will take me passed Xmas. Cheers PM

Edited October 31, 2010 by silverfox1961
Tut Tut-bypassing swear filter

[reallymadwoman]

I seem to remember that there are special rules for service of proceedings under CPR - http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part06.htm - so you may find that if you're at a BFPO address they can issue proceedings against you that you wouldn't be able to set aside for non-receipt.

[penmarine]

I seem to remember that there are special rules for service of proceedings under CPR - http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part06.htm - so you may find that if you're at a BFPO address they can issue proceedings against you that you wouldn't be able to set aside for non-receipt.

Had a read, does it not depend on my residency status as to whether they send court paperwork via the BFPO or transfer it to a lawyer in the country that I'm currently in and have it go to court over here? And they'd have to send it Recorded Delivery or I can always say I never received anything, bit like what we have to do when sending letters to them.