Moving abroad soon but court papers received today - talk about timing ...

[poundhound1808]

Hello,

 

I returned yesterday from a job interview abroad ("old" EU country, and my native), having been offered a position starting April 2nd, and will be leaving the UK for good shortly before that date, i.e. I'm "going home", and cannot wait!

 

Today the letter from Northampton CC came through the door - claim from DG Solicitors for a 2009 HSBC loan (no PPI), approx. £7K. I'll have to try and dig out the paperwork they say they've sent in early 2010 (Default Notice, Final Demand) to check if it matches. Also, I had a payment agreement in place with Metropolitan, which I only stopped ca. 4 months ago as I could no longer afford it - had a letter from Met in December/January to say account will now be passed to DG.

 

My question is this: I know you cannot obtain a CCJ against a non-UK resident, but does this apply from the date the claim is being lodged with the court, or from the date the CCJ is being granted (e.g. by default) ? If I didn't know I was leaving the country soon I would obviously be defending the claim but even if I were to start down this road now (AoS, CPR request etc.), it will be physically impossible for me to continue as I will be out of the country in 6 weeks time. And I absolutely will not give anyone here my new address abroad (elderly parents who will be worried sick) - was thinking of setting up a PO box once I have moved, to give to the other leeches who are chasing me - no further court claims though (as yet).

 

In general, what happens next after a CCJ by default has been granted, and no payment materialises? Court instructed bailiffs turning up at your last known address?

 

Any information/input/suggestions would be much appreciated - the more obstinate, subversive and radical, the better (use PM if you think site team might disapprove).

 

 

Many thanks in advance.

 

ph

[unclebulgaria67]

Difficult. If they obtain a CCJ and know that you were in the country when the claim was issued, then I would think they could pass on the debt to a debt collector in the country you will reside in. All they have to do, is go to the court in the EU country, evidence the UK CCJ and I expect the EU country court will allow them to collect.

 

I am sure that you would want to defend this action, but any hearing may be after you have left the country. You may therefore decide not to defend the claim and come to an arrangement with DG solicitors to make payments based on your current ability to pay. You could do this, without telling them of your intention to leave the country in the next 6 weeks. Perhaps they might withdraw the claim, if you sign up to a repayment arrangement ?

[sillygirl1]

You could acknowledge it and then put in the defence that you will no longer be a UK citizen, that would stump them and make them look like a bunch of clowns.... others will come along with more advice.

 

The alternative would be a consent order rather than a repayment plan, that would stop the CCJ being issued and keep your record 'clear'.

[poundhound1808]

Thanks uncleb for the contribution. Sounds risky though - if I approached them to negotiate, they'd know that I'm still here - as it stands, they know nothing, and I could have left the country months ago ... Should they get a default CCJ, I reckon they would approach the court again for further enforcement here in the UK (AoE etc.) as they have no idea I am no longer in the UK. Therefore it could take months for them to find out I've moved abroad, if they ever do.

 

If a claim isn't being contested, how long does it normally take for the process to complete, i.e. the CCJ being granted, does anyone know?

 

Enforcing UK judgments in the EU doesn't appear to be that straightforward - difficult to say though whether DG would go to these troubles. Are they the usual clowns, or do they need to be taken more seriously, being part of HSBC?

 

Enforcement of EU judgements

 

“I wish to have a judgment enforced in another Member State.”

 

In this case, you must apply to the relevant court in the Member State where enforcement is required for a declaration that the foreign judgment is enforceable (exequatur).

 

http://ec.europa.eu/civiljustice/enf...ment_ec_en.htm

[unclebulgaria67]

You could add a duplicate of original post into the debt collection, overseas debt folder. Some of the site team know a lot more about enforcement of UK debts in EU countries. I had read that since legal changes about a years or so ago, that it was easier to chase for debts in EU countries.

 

I did think for a second that you could send the recent correspondence abroad, with a covering letter and ask a friend/relative to send it on to the UK. This would give the appearance that you were already outside the UK. Whether they would withdraw the court claim, I am not sure. I suspect that they would obtain the CCJ by default and then it is on your record. They might not bother to chase you abroad, but would take action if you came back to live in the UK.

[poundhound1808]

Thanks again uncleb and sillyg - will post over there as well. It sounds like enforcement in the EU has been made somewhat easier but there are still regulations to stick to, plus they would need to know first that I'm abroad! I'm not concerned one bit about my UK credit file as I have no intention to ever return to live here again. Currently, I'm leaning towards the view that the less DG know about my movements/whereabouts the better but will wait and see if I get any more input from folks here.

 

I appreciate you having taken the time to respond.

[edwincluck]

I have no intention to ever return to live here again.

 

Hehe! Love you, too! Good luck with the undercover move!

[NewToTheFight]

I wonder what would happen if you contest the courts juristiction in this matter.... you would not be here to continue the process....