Overseas CCJ advice

[cmab]

I have just received a form N1 claim (CCJ) on behalf ofZopa for £1, 500. My husband and I are now living in France, no longer UK resident, this claim has come out of theblue, sent to our old UKaddress. In the year we have been here we have found it difficult to organisemoney and banking. We are notfinancially able to pay it off, due to my husband being out of work, but do not want to shirk our responsibilities.We are up against a deadline due to them not having our overseas address. I feelreally concerned and worried about this. We are very much in the dark as to howto respond at such short notice. Should we phone/email or have we time to fillout the form and send it back to them? Is there any advice on the bestimmediate course of action?

[renegadeimp]

Did the claimant know about your change of address?

 

Can you provide more info on the debt and the history of it?

[cmab]

Hi

Thanks for your speedy response

 

No they didn't know about change of address, it slipped under the radar due to an oversight on my part.

The debt is a small loan over five years that has about a year left on it. Prior to leaving England it had been 100% up to date with no late payments.

[renegadeimp]

Canyou give us more detail of the debt? WHo is after the CCJ? Was teh debt sold on? How much is it for? Any charges/insurances that could be reclaimed?

[cmab]

Canyou give us more detail of the debt? WHo is after the CCJ? Was teh debt sold on? How much is it for? Any charges/insurances that could be reclaimed?

 

I think it's a company called P2PS Limited. So I'm guessing that means it was sold on as up till now I had never heard of them. The loan was Zopa originally. They are now claiming just shy of £1700

We didn't take insurance, but I have no idea if there are charges that can be reclaimed. Sorry to be vague.

[renegadeimp]

Well, you need a full itemised breakdown of the debt for a start.

 

Since you have had the papers, you need to make sure you acknowledge the claim form using the info on it, otherwise they will get judgement by default. There are a LOT of unanswered question here and you need to get to the bottom of it.

[unclebulgaria67]

This needs to moved to the legal forum. I will ask site team to do this.

 

Can you just dispute the jurisdiction of a UK court dealing with a claim that relates to the consumer credit act, being that you were a resident of France at the time the claim was issued by the claimant ?

[cmab]

Well, you need a full itemised breakdown of the debt for a start.

 

Since you have had the papers, you need to make sure you acknowledge the claim form using the info on it, otherwise they will get judgement by default. There are a LOT of unanswered question here and you need to get to the bottom of it.

 

Ok. I will acknowledge it straight away. If I've understood it correctly I can do that online so that's good.

The unanswered questions - do you mean things that I should know about this claim? For instance, how would I know if it was sold on? And what charges could be reclaimed? I know about ppi (which we declined), but I don't know about any other unfair charges.

Thanks again for taking the time to help me.

[cmab]

This needs to moved to the legal forum. I will ask site team to do this.

 

Can you just dispute the jurisdiction of a UK court dealing with a claim that relates to the consumer credit act, being that you were a resident of France at the time the claim was issued by the claimant ?

 

Sorry and thanks. I figured the debt section was the right place but I'm new here.

 

I have no idea if I could dispute it. This is all new to me and quite a shock. At the moment I'm just feeling overwhelmed, but I'm willing to listen to any help and suggestions.

[honeybee13]

Hello there.

 

I'm a bit confused about your reference to P2PS. Zopa is a peer to peer lending company, where individuals lend to other individuals, normally at rates that are more favourable than the banks.

 

I don't know more detail, but I understand that P2P means peer to peer, so maybe the loan is still with Zopa. Always happy to learn more though.

 

My best, HB

[honeybee13]

http://www.zopa.com/

 

HB

[cmab]

Hello there.

 

I'm a bit confused about your reference to P2PS. Zopa is a peer to peer lending company, where individuals lend to other individuals, normally at rates that are more favourable than the banks.

 

I don't know more detail, but I understand that P2P means peer to peer, so maybe the loan is still with Zopa. Always happy to learn more though.

 

My best, HB

Well, reading the paperwork again I think you're right. There is a long list of names of ppl with cash amounts next to them.

So if Zopa still have the claim and haven't sold it on is that a good thing? Where in the bundled paperwork would I find out for sure?

[honeybee13]

Sorry, I missed the bit about moving this to the legal forum, which I'm about to do. I'll leave a short term redirect to follow from this forum.

 

HB

[oleg]

http://www.p2ps.org.uk

Norwich outfit who recover debts on p2p loans

[AndyOrch]

If you could type out the particulars of the claim oleg (verbatim) and the name of the Solicitors representing?

 

What date is on the claim form?

 

Regards

 

Andy

[cmab]

Is this what you need? :-

 

 

Brief details of claim

The Defendant entered into agreements ("the Agreements") with lenders (the Lenders") for the loan of sums of money. The Lenders, who have Assigned their rights to P2PS and the amount of money that each lent is set out in Schedule 1 attached hereto. All of the Agreements contained the same terms a copy of which is set out in Schedule 2 attached hereto.'

[AndyOrch]

And the date cmab ...are there any attachments with the N1?

[cmab]

Dated 15th September

Against claimants solicitor it says N/A

[cmab]

Yes. Three attachments.

Schedule of lenders

Loan conditions

Zopa principles

[AndyOrch]

So no Solicitor they represent themselves.......

 

Ok so you have 33 days in total 5 deemed served so acknowledgement of service was the 3rd October and you have done it today (7 days late) any defence should be submitted by the 17th October if not too late.

[cmab]

Thank you Andy,

So I'm hoping that I can contest jurisdiction. Is that the right route for me to go?

What happens next?

Really appreciating all the help

[AndyOrch]

You need to check firstly that your AoS has been accepted...you are 7 days late.You cant contest jurisdiction the summons has been issued here in the UK...pertaining to when you did reside here.

Last known address is considered good service and as you have stated you did not inform them of a Change of address.

 

You can defend this easily but you need to sort the AoS out first and hope they have not already attained judgment by default.

 

Regards

 

Andy

[cmab]

Thanks Andy

A phone call has confirmed they have not attained judgement at this moment.

I'm pleased that you think I can defend it easily... But how?

 

Thank you

[AndyOrch]

Now you start to explore and break their claim down...can you scan in the attachments (less any identifiable data removed).

 

The particulars you have posted you state " brief " we need to know word for word what they state.

 

Type into the the search box above CPR 31.14 and use this template to request further information referred to in their particulars....the agreement the notice of assignment and statements to verify the amount claimed.

 

Send this recorded delivery to the claimant and also send a section 77/78 request separately this is a legal request for the agreement..they have 12 +2 days to comply.The CPR request is free but you will have to enclose a £1 Postal Order in the section 77/78 request (letter N in the templates library.Head the request " We/I do not acknowledge any debt with your company "

 

As stated send both requests by recorded delivery and retain proof...print name ...no signatures.

 

 

Get on with that today and then we will move on into the process.

 

Regards

 

Andy

[cmab]

Thaïs brilliant! Thanks very much for your guidance.

Will report back with progress