im in china forever - dca trying to get CO on my UK property - help!

[setaside]

I had a default CCJ against me (£1076) by a rogue trader who claimed to have done work which he had not. He used my previous address to serve the original claim forms when he knew I had emigrated and he had my new address. I received the claim form and completed/returned it after it had been forwarded by Royal Mail to China and submitted a defence.

 

Following the original claim forms were several other standard requests from the court with a time limit to respond - these were not received until after that time limit due to Royal Mail forwarding holding onto mail until there was sufficient to forward. The court were notified on 4 occasions of my correct address in China but continued to send to the UK. It ended with a default judgement against me. The claimant also served documents for me on my tenants, and the lettings agents with instructions for them to serve me. One form N236 was signed and dated by the claimant as having been served on me 22 days prior to it being served on my letting agent who forwarded it to me.

 

The hearing to set aside was yesterday 18/11/11 but what happened next really amazed me.

 

1. The judge refused to acknowledge my address as in China and insist they will only change it to another UK address. If the Royal Mail forwading service is not efficient it was made clear it was my problem. All court documents will continue to be served in the UK where I will not receive them on time to respond. Another default judgement and claim to set aside looks likely.
   
2. The judge agreed with the claimants tactics of serving court documents on my tennants and letting agents and telling them to complete the serve as legal !!!!!. The judges words "The claimant has done absolutely nothing wrong with his method of serve".
   
3. The judge agreed that it was fine for the claimant to tell the court that he had served form N236 on me 22 days earlier than he had actually done. Is this not perjury? Also initiating the case at a previous address when knowing my new address - is this not perjury?
   
4. The judgement was set aside but not to the beginning of the claim as it is reported on many forums, it has been sent back one step to the hearing stage and I have been told to submit a new defence. The notification of the hearing will be sent to my previous address so I will not know about it until to late.
   

The judge said I could use a solicitor to defend me in my absence and to use their address but the cost of this will be similar to the claim and will not be recoverable when I prove the rogue trader wrong.

 

Will appreciate any advice - especially if any method to track hearing dates and documents sent by the court. Is there an online place to track cases?

 

Best Regards

[Webranger]

These CC judges are mostly failed solicitors with big egos and little understanding. Well, at least it was set aside.

 

Do you have any property or car insurance etc. that includes legal cover? If so they will take it up for you. RAC insurance, for instance, covers more than motor events.

 

I take it that you were home for a short period for this hearing? Do you not have friend or family whose address you can use for service? They could then email you the documents. You could email back any responses from you which could be printed off and filed at court. In this electronic world China is not far off, despite ignorant CC judges.

 

All the best; keep us posted

 

If you could persuade a judge to transfer this from Small Claims to Fast Track, you could use a solicitor and be awarded costs. http://www.lawpack.co.uk/business/money-and-tax/articles/article970.asp"][edit]

Edited November 19, 2011 by dx100uk
please do not post external links unless approved

[dx100uk]

if you are never returning then forget it

 

dx

[dx100uk]

you should ideally be posting in this forum

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?266-Overseas-Debt-Overseas-Account-issues

 

dx

[setaside]

These CC judges are mostly failed solicitors with big egos and little understanding. Well, at least it was set aside.

 

Do you have any property or car insurance etc. that includes legal cover? If so they will take it up for you. RAC insurance, for instance, covers more than motor events.

 

I take it that you were home for a short period for this hearing? Do you not have friend or family whose address you can use for service? They could then email you the documents. You could email back any responses from you which could be printed off and filed at court. In this electronic world China is not far off, despite ignorant CC judges.

 

All the best; keep us posted

 

Thanks for the tip re house and car insurance I will check that out. I was allowed to attend this hearing by telephone, and for this hearing only be sent by email a scanned copy of the hearing notification. I have been told I cannot have this again. I have not been back to the UK for nearly a year and never intend to come back. I have thought about using a friends/families address but this can then drag an innocent party into the equation. The claimant is already turning up at the tenants and letting agents making legal threats - but the judge does not care about this.

[dx100uk]

there is no reciprocal arrangement with china so's i'd forget alll about it.

 

do you want this post moved to that forum?

dx

[setaside]

if you are never returning then forget it

 

dx

 

The claimant is trying to persue a charging order on my property so I can't forget it.

[setaside]

there is no reciprocal arrangement with china so's i'd forget alll about it.

 

do you want this post moved to that forum?

dx

 

Yes please do that, thanks

[dx100uk]

moved with title change

 

i dont think the judge should be entertaining this at all

 

do some reading in this forum.

 

dx

[setaside]

moved with title change

 

i dont think the judge should be entertaining this at all

 

do some reading in this forum.

 

dx

 

Thanks for moving the thread.

 

I felt so confident about the set aside hearing because I have already read so much on these forums. I am seriously considerring reporting the claimant to the police for perjury and harrassment. There are witnesses, and trackable documentation to prove a court document was served 22 days after the court was told it was served and that the claimant knew I lived in China - the judge has seen all this evidence and discounted it. There are also 3 official complaints that went to the court manager re serving of documents at the wrong address. These were not responded to until after the default judgement and which I received an apology from the court manager, however, the judge said this was not his problem during the set aside hearing and cannot be included.

 

As far as I know my next option is the Office of Judicial Complaints. I could use the Parliamentary Ombudsman but I am denied this as you must be resident in the UK and have an MP who must sign the complaint form - unless I can persuade an MP to volunteer. I will wait for the result of the next hearing if I find out when it is, and then decide my actions.

[Webranger]

Unless you have Chinese nationality or expect to die soon, you cannot be certain of remaining in China for your lifetime.

 

As you have a Letting Agent it would be appropriate for him to act as your address for service and forward things. If he refuses, get another agent. He's getting fees from you so this small task should occasion no extra cost.

 

Yes, you could go to the Office of Judicial Complaints, explaining that the distance and refusal of telephone conference facilities make it impossible for you to deal with. The court decision is not even one you can appeal, but you could make an application to strike out. That depends on what evidence of debt the claimant has. If it is flimsy then, he would have to prove to the court that there was some matter that should be tried. You really need a solicitor for this and I believe that his/her costs would be chargeable against the claimant.

 

Actually, if you are going to be a landlord with properties in UK but resident in China, then you ought to be a member of an organisation such as NLA or RLA because they will advise and assist you in such matters as this.

 

My suggestions here are a number of alternatives for you to consider. Best advice ring the NLA first and discuss, though the time difference will make even that difficult, maybe try emailing first.

[setaside]

Unless you have Chinese nationality or expect to die soon, you cannot be certain of remaining in China for your lifetime.

 

...but iif my wife is Chinese:-) and we have residency rights in Canada

 

As you have a Letting Agent it would be appropriate for him to act as your address for service and forward things. If he refuses, get another agent. He's getting fees from you so this small task should occasion no extra cost.

 

Most letting agents will forward mail sent to the let property but only if given to them by the tenant but will not allow using their office address as a service address. I guess because of this type of problem.

 

Yes, you could go to the Office of Judicial Complaints, explaining that the distance and refusal of telephone conference facilities make it impossible for you to deal with. The court decision is not even one you can appeal, but you could make an application to strike out. That depends on what evidence of debt the claimant has. If it is flimsy then, he would have to prove to the court that there was some matter that should be tried. You really need a solicitor for this and I believe that his/her costs would be chargeable against the claimant.

 

I may go to strike out as the case is flimsy and there are breeches of rules 6.8 and 6.9 of the Civil Procedures and Rules with specifically deal with service of the original claim form and ascertaining correct address for service.

 

Actually, if you are going to be a landlord with properties in UK but resident in China, then you ought to be a member of an organisation such as NLA or RLA because they will advise and assist you in such matters as this.

 

Just the one house we used to live in ourselves, can' find a safe bank to put the money in so left it in the house.

 

Thanks for all the advice