Arrow/Blake Lapthorn Got Default CCJ - resident Abroad

[panther12]

This is a good read for challenging jurisdiction. I did it with Carter who despite knowing my brother lived in Oz still issued a claim to his old uk address. He discontinued.

 

[ATTACH=CONFIG]53568[/ATTACH]

[AndyOrch]

But this is already adjudged...not being discontinued but set a side...easy at the start of the claim.

 

Andy

[panther12]

You can only contest jurisdiction at the start of a claim

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part11

 

It is complicated but think it can be done depending on the op's circs

If you file an acknowledgment but do

not make an application within the

specified period, you will be taken to

have submitted to the jurisdiction. The

position if you make no response to the

claim form at all depends upon

whether or not you are domiciled in an

EU member state. If you are, the court

will have to satisfy itself that it has

jurisdiction over the claim before

entering default judgment against you,

if you are not, the court can proceed

directly to entering default judgment.

Once default judgment has been

entered it is too late to contest

jurisdiction (unless it can be shown

that service was never effected on

you).

If your application is successful, the

English court will grant an order

containing a declaration that the

English Court has no jurisdiction or

will not exercise its jurisdiction, and in

addition may also make orders: setting

aside the claim form; setting aside

service of the claim form; and staying

the proceedings.

[AndyOrch]

Mmmmm....

 

Once default judgment has been

entered it is too late to contest

jurisdiction (unless it can be shown

that service was never effected on

you).

[aquavit]

Ok, so does all this mean that I now can't challenge the judgement or get set aside?

 

The fact that I am overseas and my mail is re-directed through a correspondence address

obviously implies that there will be delays in me receiving it.

 

 

I advised the solicitors of my UK correspondence address and they chose to serve the papers at "my last known address"

rather than the one I advised them of which eventually reached me very belatedly.

If I was being cynical I might think the solicitors did this knowing I would most likely not have time to respond.

 

No-one seems to have commented on the application form/agreement which the solicitors sent me

and presumably used to obtain judgement.

Does this comply with CCA 1974,

can I set aside and then defend on the basis of no legit paperwork??

 

I guess I could just let this rest,

forget about it and maybe make an offer a few years down the line if I felt so inclined?

[dx100uk]

the CCJ trumps the agreement issues

if there are any

 

 

its not hurting you objectively

and cant really.

 

 

cant see any need to ever pay it either

 

 

dx

[aquavit]

the CCJ trumps the agreement issues

if there are any

 

 

its not hurting you objectively

and cant really.

 

 

cant see any need to ever pay it either

 

 

dx

 

Thanks for the quick reply dx, that sums it up quite succinctly - in a nutshell, now the CCJ is in force I'm stuffed but no need to worry about ever paying it.