Final Charging Order

[wellingtonlane]

Dear All,

 

I am seeking some assistance on a Final Charging Order I have received from DrydensFairfax solicitors acting on behalf of Arrow Global Guernsey Ltd.

 

I had a credit card with Mint which has been in dispute since 2009. I have not received what I considered to be an enforcable agreement document based on the 'four corners rule', when I asked for a copy and hence the dispute.

 

In May 2011 I received correspondence from Arrow Global Guernsey to say they had obtained CC judgement against me for nearly 5,000 GBP.

 

I have lived in Indonesia since 2007 and have not received any paperwork before this notification, and certainly no court papers.

 

Despite asking for a copy of the Agreement from AGG it seems they obtained judgement from the Court without providing any supporting documents...my lack of defense it seems was enough.

 

At the same time it appears that Drydens also gained an interim Cahrging order against the property I still own in the UK.

 

Most recently, despite my protests, they have now gained a final charging order and are asking for proposals, before their client 'considers further legal action'.

 

What are the best options for me in this situation?

 

Should I :

 

Apply for the original judgement to be set aside? Based on what..non receipt of any papers, or the unenforcable agreement?

What 'further action' can they take..and can I stop this due to being non resident in the UK.

 

Drydens have had my address in Indonesia since 2011, yet I only found about the interim charging order when the Land Registry wrote to my old address and this letter found its way to my parents.

 

I did also email them when I heard about the Final charging order date, yet they proceeded knowing I wasn't able to attend.

 

Any advice kindly taken..

 

Any response anyone?

 

I would really appreciate any advice..

 

Bump

[unclebulgaria67]

Unless you are coming back to the UK for a few months to resolve, you will need to contact a UK Solicitor to act for you. I think a set aside should be applied for on the basis you were not in the UK, so could not defend. A Solicitor will also dig for other information that may help you. Don't delay doing this, as set asides must be applied for promptly, once you find out about a default judgement.

[citizenB]

You should certainly be able to obtain a set aside if the claimant knew your address yet sent the paperwork elsewhere.

 

I have had it confirmed that if the claimant was aware of your overseas address, yet sent it elsewhere, then you should be able to get this set aside.

 

However, I think it might be in your interest to instruct a solicitor to deal - by not attending the hearing you were unable to put your side of the story forward.

[wellingtonlane]

Many thanks all,

 

I'll contact a solicitor and start the ball rolling.

 

In the meantime, is there anything else Drydens Faifrax can do to me...send bailiffs round etc?

 

Cheers

[BRIGADIER2JCS]

Many thanks all,

 

I'll contact a solicitor and start the ball rolling.

 

In the meantime, is there anything else Drydens Faifrax can do to me...send bailiffs round etc?

 

Cheers

 

NO they cannot do any such thing.

[wellingtonlane]

Thanks Brigadier..always nice to know..