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Unsigned County Court Claim Form...Living in USA


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Hi Guys, I have received a Claim Form from the Northampton County Court. The Statement of Truth has been completed but not signed. I currently live in the US and the documents were sent to my previous address which is now rented out to tenants. The documents were passed to the letting agent who failed to pass them on to me. The first I knew was when a judgment was entered in default. Here are my questions for you good people.

 

1. If the Statement of Truth is unsigned can I have the claim struck out? The Civil Procedure rules say that it must be signed.

2. Can a claim be issued against a US resident by sending the documents to his previous UK address?

3. Can I have the judgment set aside on the grounds that I did not receive the documents until it was too late? The Claimant knows that I live in the US and has been given my US address.

4. The Particulars of Claim has my name incorrectly spelled. Any remedy here for me?

 

Thanks

 

Mark

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edit: so they know you had moved? Then a set aside is very simple, and they wont be able to restart the claim either.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Thank you for your reply. Do you have any comments on the other points? I do not want to leave this to providence and need to make sure that it is set aside/struck out on more grounds than one if possible. I do not want this claim to get through the net and ruin my UK credit rating. I am 50 yrs old and I've never had any problems in the past.

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Why type of debt is this ?

 

Do you have evidence of the claimant knowing your US address ?

 

You do realise that if you apply for the set aside, you or a representative would have to attend a UK court for any hearing. That is unless you can gain agreement for you to telephone into the hearing.

 

The statement of truth won't be signed, if the claimant applied online. They would have ticked a box to confirm, as their signature.

 

Depending on the type of debt, I believe it is possible to issue a claim against a non UK resident. But from what I read on the CPR rules, they would have had to provide the court with your US address, so the claim could be sent there. If the debt comes under the CCA, they cannot issue a court claim against a non UK resident.

 

You need grounds for the set aside, not just that you were not resident. The mis-spelling of your name is no issue.

We could do with some help from you.

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Thank you for your reply. This debt is for non-payment of service charge on an apartment that I own jointly with my wife. She lives in South Africa and we are separated (6yrs). She receives all the rent and pays the mortgage as I am not party to the mortgage. I am not a guarantor to the mortgage. The claimant says in the claim that they are serving just me as my wife lives in South Africa. I have letters from the letting agent informing them of my address in the US. The claim form has sections deleted in pen...that is why I thought it should be signed. Could you tell me which section of CPR you are referring to above? I really appreciate your time. Thank you.

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Pass. It is sometime since I read the CPR. Just search online for issuing court claim against non UK resident and I expect you will find the info.

 

In your position, I think I would apply for the set aside, based on the claimant not advising the court that you were resident in the US and therefore the court could not send the claim to your US address. Then add some reasons, as to why you are disputing the service charge being your liability. ( you should just think of some valid reasons that would require a hearing to look into )

 

You could contact the Northampton court for their assistance, as to how to deal with this. e.g how did the claimant submit the claim and why is was not signed.

We could do with some help from you.

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A claim through mcol can only be entered against a person who resides in england or wales. You dont, you have proof you dont, you have proof they know you dont, yet still went ahead anyway. A set aside should be relatively straight forward. Or, if you arent intending to come back to the UK in the next few years to live, just treat it as if it never happened. They cant chase you and it would cost a fortune for them to do so.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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