URGENT!!! - MBNA / Reston - Lost Hearing, 14 Days to file Defense, debt 2006 Oct

[asokn]

Andyorch, you take a terribly possessive attitude to threads you're involved in and do tend to attack people who also offer their free help and advice where it differs from your own. You were rather blunt with me and clearly did not follow my post which prompted a thorough and accurate response from me explaining my reasoning.

 

I would hope there's room for more than just one person to assist the OP and would expect you not to be so dramatic in responding to my posts. Certainly the OP should not lose out by you deciding you don't have time for a discussion of other approaches that may actually assist him with his problem.

[AndyOrch]

Feel free to assist asokn but I assure you Case Managers do exist, well the one I was talking to 45 mins ago did, so offer genuine advice in stead of contradicting mine, that will forward the OPs dilemma.

 

Regards

 

Andy

Edited March 15, 2012 by Andyorch

[asokn]

So are you suggesting that there's a fully qualified and insured lawyer at a County Court office whose role is to field legal questions and give legal advice to anyone who phones up? That's news to me, maybe the courts you deal with have money to burn!

 

Anyway, there we have it. If the OP can get through to such a person then great, maybe he won't need the forum at all

[AndyOrch]

A Case Manager is not a lawyer just knowledgeable of Court procedures unlike the call centre.

Edited March 15, 2012 by Andyorch

[asokn]

I'm simply pointing out another view to yours and, frankly, correcting some of the inaccurate information you've given to the OP (see e.g. the issue of why the defence was struck out). Please stop being possessive and attacking me, let's all help the OP.

[deepindebt102]

Hi Guys,

 

First of all thanks a lot for the advice you have just given me! It helps a lot!

 

I tried to call the Court a few times but they did not help me, could not get through the lady, she was asking the claim number than asked to telk to the manager and she said she is there to help me and not the case manager, doh!

 

So, I will try to follow both of your kind advices and I am drafting a letter to the court saying that I am not resident and want my case to be heard abroad.

 

Would you please take a look at this draft I have so far? Thanks a lot!

I have heard that there isa way to request the claimants documents from the Court, I would like to do this but not sure what Act I need to reference there.

 

-----------------------

Dear Sirs,

I hereby formally inform you that since 5th January 2012 I am no longer resident of the United Kingdom.

Due to my financial circumstances as being unemployed and can not support myself in the UK, and also due to my ill health, I had to move back to live with my parents in XXXXXXXXXXXXX.

Please find proof of address in a form of my latest electricity bill provided.

I was not residing in the UK and I was not informed of the Court Hearing on the 27th February and such, I could not attend in person to contest the XXXXXX County Court’s jurisdiction and advise the Court that I wish my case to be heard by the FOREIGN COUNTRY Court system.

I hereby withdraw my previous defence what I have filed on the 14th December and when I was unaware that I will be moving to a different jurisdiction.

My aim is to settle the claim under the XXXXXXX Court System and I will try to make sure a satisfactory agreement is reached for both the Claimant and myself.

For your reference, I have contacted the Claimant and its appointed solicitor in registered Royal Mail service to request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974). It is my second attempt to recover such documents as it was comfortably ignored by the Claimant and Restons Solicitors as well.

I hereby officially request from the XXXXXX County Court all the Court documents submitted by the Claimant to support their case under the legislation of………

Please use my FOREIGN COUNTRY residential address as contact, what is: ..............

This mail was sent by Fax and by registered mail as well to ensure it is lodged on your system prior the 30th of March. Yours Sincerely,

---------------------------------

 

Thanks a lot for any help!

 

Regards

John

[asokn]

 

I tried to call the Court a few times but they did not help me

 

Huh, what a surprise!

 

Anyway, as for your letter; were you living in the UK when the claim was originally served on you? It seems from your letter that you were but you've subsequently left the jurisdiction?

[deepindebt102]

Hi Asokn,

 

Yes, that is true. Would it hold up then?

 

Thanks

[asokn]

I think, off the top of my head, that as you were resident within the jurisdiction when you were served you cannot contest jurisdiction. Otherwise people could be served, flee the jurisdiction and then say they should be sued in another country.

 

I will look into this briefly but I suggest you do some of your own research if you can.

[asokn]

Having looked at Part 6 of the CPR, I believe my initial view was correct.

 

However, jurisdiction is a complex and technical area which I haven't looked at it in detail for a long time. I would welcome any other views that can assist the OP.

[Gaston Grimsdyke]

You will get nowhere trying to contest jurisdiction. The domicile of the Defendant does not by itself determine jurisdiction. The contract was made in England and the cause of action (the failure to make the required payments) accrued in England. Therefore the English courts have jurisdiction, wherever you actually live. Your best bet is to try and do a deal with Restons, the fact you are out of the UK means enforcement of any judgment will be that much more difficult for them so will soften them up for a substantially reduced full and final settlement.

[deepindebt102]

Hi Asokn and Gaston

 

Thanks a lot for the help!

shall I contact Reston right away with a FF offer? or wait till the 30th?

and what offer shall I give on a 23k debt in the circumstances I am in?

 

Does it make sense to contact the Court at all? would it help if I raise the jurisdiction issue or I can not avoid the CCJ at this point?

 

Thanks a lot, I would really like to avoid the CCJ somehow!

 

Regards,

John

[AndyOrch]

You will get nowhere trying to contest jurisdiction. The domicile of the Defendant does not by itself determine jurisdiction. The contract was made in England and the cause of action (the failure to make the required payments) accrued in England. Therefore the English courts have jurisdiction, wherever you actually live. Your best bet is to try and do a deal with Restons, the fact you are out of the UK means enforcement of any judgment will be that much more difficult for them so will soften them up for a substantially reduced full and final settlement.

 

I think thats evidently clear Gaston, now we are told half way through the thread that the OP was residing in the UK when the summons was served.

 

Andy

[deepindebt102]

Hi Andy,

 

Thanks for your input, what do you reckon I can do then?

what is the best way forward from here?

 

I can not pay out the full debt, that would stop the CCJ as far as I heard, but I might can pay 40%, but not more.

 

Thanks again

Regards

John

[AndyOrch]

Pestons wont normally entertain negotiation, however as stated as you are away from the UK any judgment would be difficult to enforce.

No property no employer, bailiffs would be pointless, so only because you state you wish to return before the six years is mediation worthwile.

You will have to approach them and suggest an offer they may consider to drop this action, its the only way to avoid the CCJ.

 

Andy

[deepindebt102]

Hi Guys,

 

I was requesting CCA from Reston from my new address abroad.

As a matter of urgency, I asked a friend in the UK to have it printed out and send it to Restons recorded delivery with a £1 cheque.I have got back a letter from restons addressed to my old address and it gets forwarded to my abroad address via Royal Mail that they can not communicate with me as the letter CCA letter I sent to them was NOT SIGNED!

 

It was digitally signed from the other hand, following the advice of http://forums.moneysavingexpert.com/showpost.php?p=53600973

 

Obviously, I can not sign a letter to them as they can use my signature to reconstruct a CCA, what options do I have? as the communication right now is going through the Royal Mail forwarding service, can they claim that I am still in the UK and such jurisdiction holds up?

 

Thanks

Regards

John

[asokn]

You were in the jurisdiction when you were served so that issue is a non-starter.

 

Don't try to be too clever, if you want the creditor to reply to your request then sign it. By all means sign it on a background of crosses. Others here know more about this practice.

[deepindebt102]

Hi Asokn,

 

Thanks for your reply,

 

Would that stop them to reconstruct the CCA?

I am confident now that they do not have my CCA and they have no signature on it.

 

Thanks

Regards

John

[asokn]

I don't know the best way to sign I'm afraid, hopefully others will be along with more advice.

[deepindebt102]

Hi, It seems I have lost the case, just got the order that I have to pay the full sum in 28 days. I have received the order just today but it is dated 24th of April. I would want to set up a payment plan as I can not pay this much out (24k) I could offer about 4k now and 600 a month top! what is the best way to deal with this? I am abroad so it is difficult for me to send payments to the Court re the appropriate forms I have to fill in. Any advice is very much appreciated! Thanks

[AndyOrch]

Hi Deep

 

You will have to apply for a variation (N245) there is a fee of £ 45 and you should incluse a I&E and your proposed offer of payment.

 

Regards

 

Andy

[deepindebt102]

Thanks a lot Andy, I will do as you suggested. Do you know by any chance how much time do I have from the date of the order to request this? 2 weeks will be passed tomorrow, today is Bank Holiday , so guess Court was closed but if I had only 2 weeks, than the last day will be tomorrow. The order was on the 24th March. If I do not do anything, what is the next step Restons can take? Thanks a lot for your help!

[AndyOrch]

There is no time limit for a variation only on a redetermination.

 

Regards

 

Andy

[deepindebt102]

Thanks a lot Andy, just one more thing, if I do not do anything, what steps will Reston takes? and how long will it take before they do anything? Thanks deep

[AndyOrch]

Considering you reside abroad there is very little they can do the judgment will show on your CRAs files for 6 years, if the Claimant failes to take action to enforce the judgment within 6 years it then becomes statute barred.

 

Regards

 

Andy