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Re: shoosmiths LLP / Possession Order


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Any advice/ opinion??

 

Had a Possession Order granted in favour of claimant via SS who, presumably presented their claim to County Court with information which suggested Court documents should have been served to my UK address. However, I had not been a UK resident for some time and SS were aware as they were corresponding with me in (abroad). I have contacted the CC in question who confirm my court documents (Sealed Copy?) was sent to my UK address. I never received the documents and so was never aware of my rights etc (as presumably the court papers would also include info about responding/ defence etc?).

 

The outcome was Possession Order granted and house subsequently repossessed - now being chased for mortgage shortfall.

 

The Possession Order was granted in 2011 but I now read many opinions that in fact a UK court should not hear a claim against a person who is not a UK resident.

 

Is it irrelevant as the Possession Order is a claim to take the property as opposed to claiming against an individual.

 

My concern is that perhaps SS have been underhand by happily corresponding with me abroad but may have submitted to the court that papers should be served to my UK address.

 

Obviously without receiving any court papers I never even returned an 'Acknowledgement of Service' form.

 

Any advice on where I might stand given that the Order was granted in 2011 and the house has now been sold on?

 

Thanks

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Regards

 

Andy

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