Clydesdale CC issue Summons but now live abroad

[olrac123]

Hello All,

 

The Clydesdale have issued a citation for a CC debt against me. I am given the choice of paying up or defending. I have CCAd and SAR'd them last year. I got an empty form back with my printed name and no signatures from the CCA attempt and the SAR has never been answered.

 

I have now moved abroad. In the court paperwork , under the title "Condescendence" it states that I have lived at my old address in the immediate 3 months prior to this action being raised. It further states that because of this residence I have a substantial connection with Scotland and therefore the court has jurisdiction under the terms of Section 41 (or section 42) of the Civil Jurisdiction and Judgements act 1982.

 

This is not the case as we are now abroad and have not occupied the house in the 3 months prior to this action being raised on the 3rd of June 2011.

 

Does this mean that the court will not allow the action to continue as they will not have jurisdiction?

 

Need help on this one please as I am out of my depth here.

Many thanks.

[cerberusalert]

Does this mean that the court will not allow the action to continue as they will not have jurisdiction?

If you weren't resident then it doesn't fulfill the criteria so the court won't be able to hear the case, although you would need to provide evidence that you didn't live there.

 

Roughly how much are they claiming?

[cerberusalert]

Moved to the Overseas Forum.

[olrac123]

Hello I should make it also clear that we own the house but it is on the market for sale. Residence is definitely not the UK though as I now live abroad. They are chasing close to 12K.

 

Many thanks for the instant reply:-)

[cerberusalert]

It looks as if they are trying to save the time and expense involved with having to pursue this where you are now, particularly so as that country is renowned for it's extremely slow and complicated judicial processes.

 

As long as you can prove you were not resident in the house during the period they claim then the court will not have jurisdiction.

[olrac123]

Hello that sounds brilliant....how do I actually go about informing the court of this? Would I return the court papers stating that I am no longer a UK resident and what proof would they need to have? Would I also need to tell the Clydesdale lawyers or will the court inform them as a matter of course? AND will they be entitiled to see my new address details? (Bad move that one!)

 

Many thanks,

 

David

[cerberusalert]

It depends on how long you have to reply to the summons, but it might be better contacting the court manager & asking what details you would need to provide.

[olrac123]

Hello the date to submit pay or defend paperwork is the 24th of June so still a wee bit to go. I can get paperwork to them well within that time. My main worry is that the Clydesdale get sight of the new contact details and start the ball rolling all over again- what are the chances of that?

 

Felling a lot better!

[cerberusalert]

My main worry is that the Clydesdale get sight of the new contact details and start the ball rolling all over again

If they did it would have to be where you are now which is easier said than done. It would have to be heard using UK law because any agreement you had is covered by CCA 1974. Given the complexity of the legal system where you are and the snail's pace it works at + the fact it is governed by UK consumer law it would be more likely they'll sell the debt.

[twofoot]

Agreed with Cerb. I am abroad and owed a lot lot more than you. They will sell it on and you'll get pestered with threat letters but will give up in the end. You must contact the court. Tell them you believe they have no jurisdiction over you and ask them what is the next step. They will probably want proof of residence. Don't worry about DCA's getting your address, you'll just get junk mail which you can bin.

[olrac123]

AAahh- what a relief......! Does the court have the responsibility to treat all data that I give them in complete confidentiality? I really do want to keep my address away from the Clydesdale and any others they might sell on too. I have had a bellyfull of letters etc.

 

Many thanks for this. Is there a website where I can see the actual wording of the jurisdiction on this 3 month period and living abroad?

 

Thanks again.

[cerberusalert]

They will probably obtain your new address from any court papers I'm afraid.

[olrac123]

Yup I thought that might be the case. Oh well there is always a down side! But really happy to know that in the UK they are not able to move any further. Is it a given that they will sell on the debt to an EU based DCA?

 

Many thanks

[cerberusalert]

Is it a given that they will sell on the debt to an EU based DCA?

They can try, but I've never heard of it in the country you are in.

[olrac123]

Ah! but how fo you know where I am?

[cerberusalert]

I can tell exactly where you are by your IP address.

 

Go to http://whatismyipaddress.com/ip-lookup When you open that page it reads your IP which is shown in the box, just hit 'look up IP address' and all will be revealed.

[olrac123]

Oh my God....if u can they all can! Well never mind about reveavling home addresses, its all up for grabs....!

[olrac123]

By the way is there an IP blocker? Just curious....(more than!)

[cerberusalert]

Not quite, only the site team can see your IP address and even then it can only be traced back to the country and town it was allocated to. It would need a court order to get your internet provider to reveal your address.

 

What people don't realise tho' when they use the internet there is a lot of information which can be gleaned about them, i.e when you send an email the 'Header' can be read and the delivery route back tracked to the IP it was sent from. There are ways around it tho' but it involves using third party routing sites which mask your true identity.

[cerberusalert]

By the way is there an IP blocker? Just curious....(more than!)

 

You can use a proxy but even then site software will detect it is a proxy IP address and a lot of sites won't allow access if a proxy is being used.

[olrac123]

big gulp there. Thank God you are on our side!

 

I will get in touch with the court and get an update posted as to the next step and I owe you big time here. If u r ever in the neighbourhood drinks on me...U at least knoww where it is!

[olrac123]

Hello All,

 

An update on what the Scottish court has said:

 

Dear Sir,

With regards to your email, if you wish to defend this action you should send a notice ot intention to defend as you are challenging the jurisdiction, The fee for this is £80. we do not serve the writ on you it is the pursuers solicitor who does this, so I have no paperwork here.

Hope this helps

 

Now it seems strange to apply to defend the action in a Scottish court who has no jurisdiction to sit in judgement. Not to mention a waste of 80 pounds (not the point though)

 

Any advice on this advice?

 

Many thanks,

 

David

[cerberusalert]

I've asked a couple of other mods to look in, I know little of Scots law but it doesn't look right that you have to pay £80.

[olrac123]

Many thanks!

[mystery1]

I believe the £80 to defend is correct. Keep a note of all costs as you will be claiming them back.

 

You could always try asking the Clydesdale to lodge a joint motion to dismiss the claim and tell them that you don't live in Scotland. Their lawyers should advise they can't win based on this fact and not to waste their money. Any half decent lawyer should be able to win and you don't even need a cca specialist for a defence of jurisdiction.

 

M1