Abroad but having issues with CCJs and Bailiffs, please help.

[sunseaker98]

Hello first post and was hoping for some advice.

 

I left the UK a few years ago and left some CC debts and unsecured loans, I continued to pay my debts until I could not afford to pay them any longer, at which point I stopped paying. The usual letters and threats came but these were just ignored.

 

However a few companies have successfully filled CCJ’s as I still have a property in my name albeit in negative equity, I have until now just ignored these and was intending once they were out of time, to just have the whole lot set aside, as I was not a UK resident when the court issued the CCJ’s.

 

The issue I have and why I'm writing is that after doing a little research it appears that the next course of action will be for the bailiffs to attend my address and seize good, etc. I'm not in the country but I don't want my tenants hassled and wanted advice as to how I was best to proceed if/when the inevitable happens.

 

I obviously don't want to make any contact with these companies as I don't want to “reset the clock” so to speak.

 

My initial thought was to just have the tenant inform the bailiffs that they are not me and then just to point blank refuse any further details unless a court orders them to?

 

I could also try and have the CCJ’s set aside, but I believe that I would then have to supply the creditors and the courts with my current address and don't really want to do that either.

 

I am hoping that someone will have the answer as to the best way to proceed, in these particular circumstances, as I have never dealt with bailiffs before.

 

Thanks in advance

 

sunseaker

[dx100uk]

its VERY rare for bailiffs to be involved in the majority of 'civil' debts.

 

very rare indeed.

 

dx

[sunseaker98]

Hi DX I wrote this a few months ago but never posted it, unfortunately I've now received a letter informing that the bailiffs will be attending to seize goods in a few days.

[sunseaker98]

Just to make matters even worse, they have also managed to get a CHARGE on my house.

[fkofilee]

Whos the company concerned?

[sunseaker98]

Please don't take this the wrong way but, unless its critical I would rather not say as I'm sure these DCAs view these sites trying to identify people

[fkofilee]

I wont take it the wrong way , but they cant do anything... look at all the threads that we have naming companies...

They cant do anything, trust me.

 

Its fine you dont have too, however as DX mentioned, bailiffs wont get involved unless it has to be enforced.

I bet you any money that its a 3rd party company, IE Marstons, etc,

[sunseaker98]

Well, hope you are right but its a "Notice of Issue of Warrant of Execution" from the courts on official court paper, Do you think that it could be a bluff?

[renegadeimp]

Sounds like they got a judgement by default and are now pushing their luck trying to get it enforced.

 

Do you have grounds for a set aside application? Could the debt have been SB?

 

Your main problem from what i can see is this :

 

However a few companies have successfully filled CCJ’s as I still have a property in my name albeit in negative equity, I have until now just ignored these and was intending once they were out of time, to just have the whole lot set asideicon, as I was not a UK resident when the court issued the CCJ’s

[dx100uk]

you're gonna have to fess up to being abroad.

 

that'll get all the CCJ quashed & the CO's

 

you REALLY should have done something about this as soon a you got the claim forms.

 

dx

[sunseaker98]

Don't believe it's SB think that they have a few years to go yet, BUT I wasn't a UK resident when they applied for and got the CCJs and CHARGE.

[sunseaker98]

Yeah DX I am beginning to realise that now, but heard stories of theses companies tracking down where you work and making life difficult at work etc.

[unclebulgaria67]

Don't believe it's SB think that they have a few years to go yet, BUT I wasn't a UK resident when they applied for and got the CCJs and CHARGE.

 

Technically you should have been a resident of the UK for the CCJ's to be granted in regard to debts that come under the Consumer Credit Act. But if you did not inform the creditors you were no longer in the UK, it might not be that easy to get them set aside purely on that basis.

 

If I were in your shoes, I would contact UK Solicitors to ask them to write to all creditors advising them that you have been residing abroad since x date and that the property address xxxxx is let unfurnished to tenants. You may be able to get the Solicitors to apply for the CCJ's to be set aside on your behalf.

 

If I could not afford or could not get UK Solicitors to act, I would write to all UK creditors with proof of residing abroad since x date and advise them of the situation. Then let them write to you and take advice about how to deal with each debt. You could ask your tenants or letting agent to write to the bailiffs with a copy of the tenancy agreement showing that it is being occupied by tenants and you have nothing there. That should stop the tenants being hassled.

 

As you do not want to provide too much information on this thread, you may want to contact Stepchange debt regisered charity and they can provide free confidential advice.

 

http://www.stepchange.org

 

You are risking getting to the stage at some point of being made bankrupt, with the house being sold. Just read some of the threads, where bankruptcy processes have been followed by creditors, not realising the negative equity. You can only apply for bankruptcy yourself from abroad within 3 years. After 3 years, you have to come back to the UK and apply to a court in person.

[Ell-enn]

its VERY rare for bailiffs to be involved in the majority of 'civil' debts.

 

very rare indeed.

 

dx

 

 

The OP is talking about his county court judgements and therefore county court bailiffs will get involved if the judgement is not paid

[HCEOs]

Have you thought about paying what you owe rather than just avoiding it? You could probably make an arrangement to pay them over time.

[unclebulgaria67]

Have you thought about paying what you owe rather than just avoiding it?

 

Perhaps they cannot afford to do so. Most people will pay, if they can do so.

 

I suspect that the house has been let to tenants without the permission of the mortgage company. Normally to obtain consent to let or a buy to let mortgage you need to have a decent amount of equity in the property. If the OP has breached the terms of the mortgage, it could get quite messy. The mortgage company as the primary creditors of the property, need to be aware of any risks which they are being subjected to. If a charge has been made on the property, I would have thought that land registry would have notified the mortgage company.

[HCEOs]

I did add a line to my post which crossed with your quote to suggest a payment arrangement could be sought. County Court bailiffs are usually pretty reasonable when it comes to installment plans.

[sunseaker98]

The thing is, surely once the courts become aware that the CCJS were issued incorrectly won't all the other things fall away too?

 

Plus once the bailiffs are aware that I'm not there, plus that there is nothing that they are able to seize, what could there next move be?

 

What would be the benefit of making me bankrupt be, the montage company has first claim on the house, once they are paid back, there would be nothing left for any creditors. So why would they go to the expense of trying to make me bankrupt for zero gain.

[HCEOs]

You don't have to be a UK citizen to have a CCJ issued against you.

 

However if you do not have any assets here then there is nothing for the bailiff to seize. It would be prudent of your tenants to clarify this with an affidavit.

 

It is also unlikely that you'll be made bankrupt as the costs in doing so can be high with no real gain.

 

However, you still haven't said why you won't pay what is owed...

[sunseaker98]

Hi HCEO, I thought that a CCJ can only be issued to someone living I the UK, and to help your moral compass, in my original post I said that I paid what I owed until I could afford to pay it not more.

[unclebulgaria67]

Hi HCEO, I thought that a CCJ can only be issued to someone living I the UK, and to help your moral compass, in my original post I said that I paid what I owed until I could afford to pay it not more.

 

Can I suggest that you contact Stepchange or National Debtline to discuss your situation, without the need to provide confidential information to an internet forum.

 

You need to do this asap, before matters escalate and it is harder to deal with them. To apply to set aside a CCJ, you must do so without any delay, as soon as you found out about them. In the set aside application, you would need to state when you found out about the CCJ and what your grounds are for setting aside. If you don't have someone acting for you in court, you might need to attend if there is a hearing about the set aside.