Uk ?ccj whilst i am living and working abroad temporarily

[agent53]

I am living and working in Southern hemisphere, a friend opens my mail rarely and only the latest mail, he says there is a BOS court letter saying it has been passed to my local court for enforcement from Northampton. I have a 10,000 debt as I couldn't afford the repayments. I paid off AM EX debt whilst I have been living here and thought I may eventually get around to paying off BOS.

My friend has now gone away and will only be able to get my earlier mail with the Northampton court info in it end of November.

I am paying rent whilst I am living here and don't have much spare money as I am still paying my council tax and water bills back in UK plus reguaalr minimum payments to a credit card(not using)

Not sure what I can do about this from here? Should I get in touch with Bank Of Scotland or is it too late for that, It sounds like a CCJ.

THANKS FOR READING.

[dx100uk]

no juristircition outside uk

 

see the other posts in this forum [moved to overseas forum for you]

 

dx

[agent53]

Thanks for quick response. i will be coming back to Uk in less than 2 years and would like to have my debts paid off. What happens to the debt if the bailiffs can't get in? I can't imagine they give up on the debt?

[cerberusalert]

What happens to the debt if the bailiffs can't get in?

They can't just send in bailiffs on the back of a CCJ they would have to apply to a court for permission to enforce.

 

Because you were not resident in the UK at the time they applied & obtained the CCJ you will be able to apply to have it set-aside; It would cost £75 & you would need to fill in a N244, see; http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

[agent53]

Seems the letter from Northampton County Court states" Notice Of transfer of proceedings to my local county court for enforcement". Only my UK current account bank and council know I am abroad. didn't think to tell CC companies as do all my banking on line. I am only here under 2 years more. Was making payments but lapsed as lower salary, rent to pay etc. I do own my home in Uk.

The Bnak Of Scotland weren't informed I was moving abroad. Should get in touch with my local county court, although i haven't got any details as yet, could I arrange to pay them. I don't have much spare, would they accept payments from abroad?

Thanks

[cerberusalert]

You would need to see what the judgement actually states but i would guess it's a forthwith judgment which would mean the debt would be due in full.

 

There are several things you can do, you could apply to the court to have it set aside which if granted would allow the creditor to reapply so unless there is some dispute with regards to the amount they claimed such as PPI or unfair charges it may be wise to take another route.

 

You could apply for a redetermination which would mean you providing the court with an income & expenditure form. A judge would then determine what he thought you could reasonably afford to pay monthly.

 

You could also contact the creditor explaining that you are abroad and try to come to a private arrangement where you pay them monthly. Depending on the amount owed & if they know you have property they may ask you to agree to a charging order which would give them some security on your property.

[agent53]

Thanks for the info. If I communicated with Bank of Scotland would it be best in a letter from abroad or by telephone. I wonder how much they would accept. OR I could fill in an expenditure form for the court but there isn't much left over after my UK bills and bills from here are paid. The court wouldn't insist I sell my property would they?.virtually impossible from here. Would the court have to know I have a property in UK, it's not worth much but paid for hence I still have to pay council tax and water charges as it's furnished I was only going to be away for 2 years. May go to OZ to make some good money if there is a job after here then I could clear my debts.

 

Finally what would happen if I just ignored it all? Don't think I could take the stress but exploring all options!

[cerberusalert]

The court wouldn't insist I sell my property would they?

No, the creditor would have to apply for enforcement which can be in may forms including bankruptcy.

 

Finally what would happen if I just ignored it all? Don't think I could take the stress but exploring all options!

Not a good idea as you have assets in the UK.

 

Try contacting the creditor first to see if you can come to a private arrangement, if not then the redetermination route would be the next best step in my opinion.

[agent53]

I will ring the CC company should I tell them I am living abroad, that would explain my "ignoring" their letters. I could probably manage 100 puonds per month but that's not much for a 10,000 debt. Sorry no pound sign on my laptop. Anyway thanks for your analysis and advice

[cerberusalert]

Yes see what they say, then if there's no joy try the redetermination.

 

Was there any PPI with this a/c and have they added any unfair charges? If so you can reclaim them + 8% interest.