stevensdrake just sent court claim

[creditcorptrouble]

The problem with part 11 is it needs to be supported by "evidence". Now that can just be an ordinary old witness statement that says the debt is in Australia, the alleged default occurred in Australia whilst the defendant was in Australia and the claim would be governed by Australia's State and Federal laws and therefore the appropriate jurisdiction is in Australia. I guess you could muddy the waters by saying that you are in the UK temporarily and are considering returning to Australia, although you are not sure of when (it could be ten years!), and that may be enough.

 

Note that you have to make the application within 14 days of filing the AOS, although you could probably get away with doing it out of time and seeking leave for an extension on the same application.

 

I'd be interested to know the outcome of any such application.

[docker1]

Hi everyone,

Just recieved my reply to the part 36 letter that i sent to stevensdrake. they just said no flat out that they are still applying for judgement through the courts.

Any further ideas?? Need some urgent help to get these guys off my back.

thanks guys

[krios]

Maybe its time to get some legal advise? It might be worth a few quid?

[William415]

I am beginning to think that perhaps S.D. are using you as a "test case" to see if they can pull this off. To my knowledge, this has never been accomplished before (securing a judgement via a UK court for overseas unsecured debt). Has anyone ever seen a case where this has sucessfully been done in the UK?

[krios]

William,

Or they push it to the last moment thinking the defendant will be scared and make a desperate last bid to settle?

I have not been able to find a case on the net as you describe. I have spent a lot of time looking, but nothing found.

Edited April 19, 2011 by krios
missed a word

[William415]

William,

Or they push it to the last moment thinking the defendant will be scared and make a desperate last bid to settle?

I have not been able to find a case on the net as you describe. I have spent a lot of time looking, but nothing found.

 

You could be correct. As you have previously advised, I think docker should continue to contest juridsiction until that issue is settled.

[docker1]

Hi guys, I've just recieved my allocation questionare from the courts, To say that i am ****ting a brick now would be an understatement it has to be back by may 6th. I really need to settle this before it gets to court. I can't run the risk of losing and be lialiable to repay the full amount ( now £14000). Any good idea's??

[William415]

Have a look here:

 

http://www.aboutsmallclaims.co.uk/allocation-questionnaire-court-hearing.html

 

Part of it says:

 

"The parties can also request that the trial process be suspended for a month if they think that this might allow them to settle the claim by negotiation or some other method."

 

Perhaps you can get a suspension. I still think you should dispute jurisdiction - I'm no expert/lawyer, but I cannot believe the court has jurisdiction and it's just as simple as a DCA filing a claim. Otherwise, they would have been doing this for a long time.

 

Good luck and keep us posted.

 

W

[creditcorptrouble]

Hi guys, I've just recieved my allocation questionare from the courts, To say that i am ****ting a brick now would be an understatement it has to be back by may 6th. I really need to settle this before it gets to court. I can't run the risk of losing and be lialiable to repay the full amount ( now £14000). Any good idea's??

 

What's the difference in paying it now or running it and losing it? Additional legal costs incurred by them, but otherwise nothing else. Pay a CCJ within one month of the date of judgment and it's removed from your credit report anyway.

[William415]

Hi guys, I've just recieved my allocation questionare from the courts, To say that i am ****ting a brick now would be an understatement it has to be back by may 6th. I really need to settle this before it gets to court. I can't run the risk of losing and be lialiable to repay the full amount ( now £14000). Any good idea's??

 

What's the latest status, docker1??

[creditcorptrouble]

Just fill it out. Answer yes for the one month stay to try and settle, nominate your local court where requested for reasons of convenience, say yes to complyiing to pre-action protocols, if you intend to make an application challenging jurisdiction or validity of assignment, make it and say so where required, allocate it to the fast track, final hearing 4 hours, ring SD and discuss proposed directions (ensuring they include an order for service of List of Documents and inspection of disclosure - critical), estimate your costs as zero unless you intend to instruct a solicitor.

 

Otherwise, at the end put in a blurb explaining that you intend to challenge jurisdiction and/or compliance with the appropriate state law etc in the bit for the judge so he knows something's brewing up.

 

It's a docile form that simply allocates the claim to a track and tried to help the judge set down an appropriate timetable.

 

Steam on, it only makes things more difficult for SD. It's critical that you require disclosure and challenge lawful or equitable assignment of the debt to Credit Corp if you didn't receive the Section 80 notice.

Edited May 4, 2011 by creditcorptrouble
Typos & additional information

[krios]

For my money I'd be insisting on changing courts from the choice of stevensdrake. Being the cynical person i am i wonder at the choice of court being Horsham? In the past they always seemed to use Brighton county court, but they have changed. I wonder why? Sympathetic judge? sympathetic to them that is. It wouldn't be the first time a circle of friends, contacts, or similar has been used to effect a decision. Like i said i am very cynical.

[docker1]

Hi everyone,

latest is that i've sent off another offer to stevensdrake to settle, and i've filled in my allocation questionaire for the courts so that is been sent off to them. I would love to be able take the risk of going to court but i don't have £14,000 to settle if i lose, and as i have my own small business and need credit i can't have a ccj against my name. I would love if stevensdrake would just accept an offer and **** off but i realise that negotiation takes time too!!!

[docker1]

thanks creditcorptrouble for your advice,

how do i go about putting in an application challenging jurisdication or validity of assignment.

Also how do i go about ringing SD to discuss and request disclosure?

Thanks for your help and messges everyone.

[creditcorptrouble]

SD should propose directions, it is after all their case, those directions should include exchange of a List of Documents/disclosure as standard directions. If you wish to make an application use Form 244 http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=484

 

For what it's worth filing a Defence (and possibly an Acknowledgement of Service) automatically transfers the matter to the court closest to the defendent as I understand it.

 

If you do nothing you will have a 14K CCJ anyway so I suggest you keep going and if you fail you will have a 14K CCJ as well. Nothing to lose.

 

If you intend to throw the towel in, you should do it sooner rather than later in order to keep costs down and not take up too much peoples' time here

[creditcorptrouble]

Just send a letter to SD asking for their proposed directions. If you don't get them within seven days, write to the court and tell them that you have not received proposed directions from the claimant and could the court please issue standard directions.

 

Send a copy of the letter to SD.

[docker1]

Thanks creditcorptrouble, I can assure you that i am not throwing in the towel, just very stressed at the possibility of having to find £14,000 in a month or having my credit score wrecked. i will fight this all the way i have no choice. Thank you for your invaluable help so far.

[creditcorptrouble]

Well if you owe it and there's no way out of it, then your credit record will be impaired. Remember if you pay a judgment within one month then your credit record will stay clear, so start making plans now about where you can find the whole amount due if things turn out that way (if you can - it's a lot of money!)

[cerberusalert]

You may find this post interesting; http://www.consumeractiongroup.co.uk/forum/showthread.php?221573-UK-debt-being-Chased-in-Australia&p=3399672&viewfull=1#post3399672

 

If they can't enforce a CCA agreement in Oz it should be reciprocal.

[krios]

I would have to agree and a usefull point to make in any defence here in the uk.

 

[docker1]

Thanks so much for pointing this out to me, a little glimmer of hope. i will throughly look into this.

[William415]

Thanks so much for pointing this out to me, a little glimmer of hope. i will throughly look into this.

 

Good luck, docker1 - and keep us posted.

[docker1]

Hi everyone,

I have just recieved a court date through the post for june 30th at my local court. I feel sick, Any advise would be greatly appriciated.

[docker1]

They have requested a summary judgement in accordance with CPR part 24, and said that on the basis of documentation available the defendent has no real prospect of succeeding and there is no other complelling resaon why this matter should await disposal at trial.

[krios]

I'm sure i am not the only one who thinks this is FAR from a clear cut summery judgment issue. Stevensdrake solicitors might wish it to be, but the implications of a summery judgment on an overseas debt would be far reaching and possibly unlawful? Jurisdiction issues alone need to be addressed before the other defence points can even be considered for deliberation. I wish i knew more about the law to help you out but i can only say I understand your stress and truly feel for you.

Maybe someone with knowledge of the law will chip in and give some helpful advise.