Arrow/Blake Lapthorn Got Default CCJ - resident Abroad

[aquavit]

I have an alleged debt relating to MBNA for £19k,

 

 

the last payment relating to this goes back to 2009 and

 

 

I have zero chance of finding any money towards this.

 

 

It has been passed from debt collector to debt collector all of which I have manged to fob off

without sending payment or acknowledging the debt.

 

Arrow Global then purchased the debt and they latterly engaged Blake lapthorn solicitors who wrote to me threatening court action.

I replied to them asking for proof of any alleged debt and also advising them that I was no longer Resident in the UK.

 

Blake lapthorn responded by supplying a copy of a signature box and a few separate pages of T & C's.

 

 

I replied that the paperwork did not conform to the 1974 CCA and that they should therefore drop the claim.

 

They ignored my letter and proceeded to court where they obtained a judgement,

 

 

I was unable to defend as being out of the UK,

 

 

I was not notified in time and the paperwork was sent to an old (wrong) address.

 

I do come back to the UK from time to time, should I try and get this judgement overturned (do I have proper grounds to do so) or just ignore it?

 

Attached is a copy of the application form masquerading as a signed agreement.

[ericsbrother]

JPG too small to read.

Did Blake Lapthorn know of your current address at the time of the service of the court documents?

 

 

If so it will be easy to get a set-aside.

 

 

Was it clear to them that you had supplied an address where legal papers could be served

or did you write from abroad so they used the last addy they had on file.

[aquavit]

Thanks for the reply, not sure what the problem is with the jpeg, its 266k as a file but only loads at 6k on here??

 

I gave Blakethorn my UK correspondence address from which I have any mail sent on to wherever I am in the world

and also my lawyers address in the Philippines.

 

They chose NOT to use either option and instead served the papers at what they deemed "my last known address".

[dx100uk]

you need to pdf attachments

 

 

dx

[aquavit]

you need to pdf attachments

 

 

dx

 

Thanks for that:

[aquavit]

Anyone got a view on this?

[aquavit]

Bumping this as any help would be appreciated, is the agreement compliant with CCA 1974 - please see attached PDF.

 

Have I put it in the wrong forum??

[dx100uk]

if they knew your foreign address

and knew you were resided abroad

then the CCJ can be set aside

 

 

that's not a CCA that's an application form

 

 

do the dates on the T&C's match the date on the form?

 

Dx

[aquavit]

if they knew your foreign address

and knew you were resided abroad

then the CCJ can be set aside

 

 

that's not a CCA that's an application form

 

 

do the dates on the T&C's match the date on the form?

 

Dx

 

Thanks for your reply Dx.

 

The T&C's comprise of five seperate A4 sheets,

they look like standard/generic issue,

two of them have MB98 printed on them

- that may or may not be a date.

The PDF I have uploaded is as I received it,

on it's own and not obviously relevant to anything else.

 

Blake Lapthorn referred to what they sent me as a "Credit Agreement".

 

I wrote to them from my UK correspondence address (as explained above)

I also gave them the address of my lawyers in the Philippines.

 

 

They replied to my UK correspondence address with the supplied copy of the "Credit Agreement"

but then proceeded to court using my last known address which wasn't the one I'd given them.

 

It looks like I could get this set aside,

I'll be in the Uk again later this month,

but if I succeed in doing that have I got enough "ammo" to fight off the alleged debt?

 

Another year and it'll be statute barred.

[Ganymede]

Thanks for your reply Dx.

 

The T&C's comprise of five seperate A4 sheets,

they look like standard/generic issue,

two of them have MB98 printed on them

- that may or may not be a date.

The PDF I have uploaded is as I received it,

on it's own and not obviously relevant to anything else.

 

Blake Lapthorn referred to what they sent me as a "Credit Agreement".

 

I wrote to them from my UK correspondence address (as explained above)

I also gave them the address of my lawyers in the Philippines.

 

 

They replied to my UK correspondence address with the supplied copy of the "Credit Agreement"

but then proceeded to court using my last known address which wasn't the one I'd given them.

 

It looks like I could get this set aside,

I'll be in the Uk again later this month,

but if I succeed in doing that have I got enough "ammo" to fight off the alleged debt?

 

Another year and it'll be statute barred.

Not anymore I'm afraid as Court proceedings have been issued which stops the debt becoming SB.

[aquavit]

That's disappointing to hear Ganymede, would that still apply if I get the CCJ set aside?

 

Any views on the legitimacy of the paperwork Blake Lapthorn came up with?

[AndyOrch]

That's disappointing to hear Ganymede, would that still apply if I get the CCJ set aside?

 

Any views on the legitimacy of the paperwork Blake Lapthorn came up with?

 

No because the claim is still there...set a side only allows you to defend...the clock stopped the day it was issued.

Only claims that are struck out or discontinued/withdrawn re start the clock

 

Andy

[aquavit]

Ok, so I'm back to square one with regard to statute barred.

 

If I get the judgement set aside do I have solid grounds for defending the application from Blake Lapthorn?

[AndyOrch]

To get it set a side you firstly you need a valid reason along with a proposed defence that has merit and any application must be made as soon as possible.

[aquavit]

To get it set a side you firstly you need a valid reason along with a proposed defence that has merit and any application must be made as soon as possible.

 

Thanks for your reply Andy, given the information I've outlined in my original post does it look like I have grounds for this?

 

Surely a set aside should be feasible given I was out of the country and they sent papers to the wrong address? As for a defence, does the paperwork submitted by Blake Lapthorn stand scrutiny?

[AndyOrch]

Your reason does seem feasible......however unless you made the claimant aware of change of address then last known address is deemed as good service.

As stated its a two pronged process...so yes they may decide to consider set a side but to allow it then rests on whether you have a valid defence to proceed to defend.

 

Relying on whether a DJ would agree that a valid defence could be construed from sceptical paperwork is very risky...your fee for this risk will be £155.

 

I really cant comment on how a DJ would view your basis of defence unfortunately...sorry.

Regards

 

Andy

[aquavit]

Thanks again for the quick reply Andy.

 

As an alternative proposition, given that I have no desire or inetntion to return to the UK, should I save myself the hassle and just ignore it?

[AndyOrch]

Thanks again for the quick reply Andy.

 

As an alternative proposition, given that I have no desire or inetntion to return to the UK, should I save myself the hassle and just ignore it?

 

I would...it cant effect your credit rating where you reside now.

[aquavit]

I don't need credit, nor likely to in the future. Aside from that are there any other possible downsides to ignoring it?

[AndyOrch]

Subject to the value they could attempt to execute it by way of a EEO

 

Read the following :-

 

http://www.justice.gov.uk/downloads/courts/european-union-cross-border-claims/ex375_1005.pdf

[aquavit]

Subject to the value they could attempt to execute it by way of a EEO

 

Read the following :-

 

http://www.justice.gov.uk/downloads/courts/european-union-cross-border-claims/ex375_1005.pdf

 

 

This only applies to the EU though, I don't have a place of residence or an address within the EU where such an order could be served.

[AndyOrch]

I wasn't aware of where you actually was residing so disregard then.

[panther12]

If you're resident abroad might be worth looking into set aside based on jurisdiction.

[aquavit]

If you're resident abroad might be worth looking into set aside based on jurisdiction.

 

Thanks for that panther12, whilst I may be able to get it set aside don't I then have to fight again when/if the debt collectors re-apply to the court?

[AndyOrch]

If you're resident abroad might be worth looking into set aside based on jurisdiction.

 

You can only contest jurisdiction at the start of a claim

 

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