Claimform for daughter living overseas

[bluerose4u]

My daughter has moved overseas (2yrs)

 

she did have cards and student loan, in the UK

she lived at home and does not have a property here.

 

Letters that came addressed to her I would return to sender with ''moved overseas'' written on

 

- now she has a CCJ application from a card company - what can I do?

 

I don't want the heavies banging my door down.

[dx100uk]

you mean a claimform not a CCJ?

 

 

dx

[bluerose4u]

yes that is what I mean a claim form - the 14 days to respond

[citizenB]

From the date of issue on the claim form (top right hand corner under the claim reference) you will have the following time..

 

 

Issue date ?? + 5 days for service (counting the day of issue as day 1) = ?? + 14 days to acknowledge the claim = ?? + 14 days to submit a defence.

 

What made you open this particular letter when you have been returning others by marking "return to sender" ?

 

No one will come banging on your door - I suspect it might have been better had you simply returned it to sender as you have done previously. Have asked others on the site team for more advice for you.

[bluerose4u]

I opened it as I saw the surname but could not see the initial? and from the envelope could tell what it was!! - should I send it back marked gone overseas -

[citizenB]

I have sent S.O.S. to those on the site team who should be able to advise. But that would be what I would do. Why not telephone MCOL, their number is on the claim form. Explain that you have opened it in error, as you were unable to see the full name - should you return it to them and should it be marked for any person/department, specifically.

[citizenB]

Is this your daughter's normal address for mail in the UK ?

[bluerose4u]

Thank you, I have phoned the court, they told me to inform the claimant (via phone) and also return the claim form back to the court with confirmation she is living abroad.

 

Will I be safe then do you think?

[bluerose4u]

Yes she only used her home address... (LWP)

[AndyOrch]

A defendant has the right to defend, if they are not in the UK then they can not defend themselves and its unreasonable to be expected to come to the UK to defend, hence why the UK court has no jurisdiction over foreign nationals living in foreign countries.

 

It is possible to sue a foreign national through UK courts; however, a County Court Judgment can only be obtained against a UK resident and cannot legally be obtained against a debtor that is living outside of the UK.

 

I would take copies of the N1 claim form before returning to MCOL just for future reference

 

Regards

 

Andy

[citizenB]

Get a free proof of posting or send by tracked mail - don't just pop it in the letter box.

[bluerose4u]

Thank you Andy, she was young, a student and for some reason was issued with cards she could not afford, though did her best - I cannot blame her entirely. What happens if she does decide to return to the UK?

[unclebulgaria67]

A defendant has the right to defend, if they are not in the UK then they can not defend themselves and its unreasonable to be expected to come to the UK to defend, hence why the UK court has no jurisdiction over foreign nationals living in foreign countries.

 

It is possible to sue a foreign national through UK courts; however, a County Court Judgment can only be obtained against a UK resident and cannot legally be obtained against a debtor that is living outside of the UK.

 

I would take copies of the N1 claim form before returning to MCOL just for future reference

 

Regards

 

Andy

 

Is it possible that MCOL won't deal with the claim form coming back to them and the daughter will end up with a default CCJ, because she could not defend ?

 

I suspect if they phone the Northampton bulk centre that they will be advised to pass on the court claim to the daughter where she is living, where she can issue the defence that she is a resident of another country, so disputes jurisdiction. She could send the defence by post as well, with proof of her foreign residency, with a copy also sent to the claimant.

 

We have seen before that Judges have favoured claimants, where the debtor has not informed creditors of their up to date addresses.

[AndyOrch]

Thank you, I have phoned the court, they told me to inform the claimant (via phone) and also return the claim form back to the court with confirmation she is living abroad.

 

Will I be safe then do you think?

 

Is it possible that MCOL won't deal with the claim form coming back to them and the daughter will end up with a default CCJ, because she could not defend ?

 

I suspect if they phone the Northampton bulk centre that they will be advised to pass on the court claim to the daughter where she is living, where she can issue the defence that she is a resident of another country, so disputes jurisdiction. She could send the defence by post as well, with proof of her foreign residency, with a copy also sent to the claimant.

 

We have seen before that Judges have favoured claimants, where the debtor has not informed creditors of their up to date addresses.

 

 

If it does slip through the net with a default judgment...then it naturally follows that it can be set a side for the above reasons I have advised.

[unclebulgaria67]

If it does slip through the net with a default judgment...then it naturally follows that it can be set a side for the above reasons I have advised.

 

It is just a pain to have to do the set aside later, as it will cost them £155 and there could be a hearing.

 

I suppose you just follows the courts advice and hope that sending the claim form back works.

[panther12]

Who's the claimant and sols. I'm not sure why the court staff said to simply return it as I fear this would end with default judgement. The claimant sent it to the last known address so has not done anything wrong. It's up to the defendant to contest jurisdiction. I got Carter to discontinue a claim on behalf of my brother who emigrated to Oz.

 

If you want to deal head on with the claim and go down the jurisdiction route it involves a bit of work and giving the court the overseas address. You have to be careful not to do anything (like submitting a defence) as you will be taken to have accepted jurisdiction. In our case we submitted the AoS indicating that brother disputes jurisdiction (giving brothers Oz address on the form). Once we informed carter what we were doing he discontinued the claim but if the claimant doesn't discontinue of their own accord you have to submit an application to the court within (I'm not sure if it's 7 or 14 days) of submitting the AoS otherwise you are taken to have accepted the courts jurisdiction.

 

If the claim came from Northampton bulk centre, once the AoS is submitted indicating you contest jurisdiction and giving the overseas address, the court will issue to the overseas address a notice of transfer of proceedings to the claimants home court (as it's outside the Bulk centres jurisdiction) - then it's up to the defendant to submit an application to the court.

[AndyOrch]

Of course that is the normal procedure Panther assuming that the defendant has possession of the claim and yes it would be deemed as good service (last known address).

 

In this case MCOL have been informed that the defendant no longer resides in the UK and that the claim pack will be returned (with their instruction) so they know service has failed. Judgment can only be obtained against a UK resident and cannot legally be obtained against a debtor that is living outside of the UK.

 

It is important also that Dad informs the claimant of this and also informs them that their claim has been returned to MCOL..they would be foolish to request default judgment under these circumstances...if at all possible when MCOL place a bar on the claim.

 

Andy

[panther12]

That's the thing though, the dad isn't a party to the proceedings and the court shouldn't accept correspondence or discuss it with anyone else but the named defendant or their appointed rep, so I think the telephone monkey at the court has got it wrong as without the daughters actual involvement, even though the claim is returned to the court as not living at this address, would still be deemed as served as it is the last known address the claimant has the and the address used to obtain the credit.

[AndyOrch]

So the daughter in forms the claimant...Dad returns the pack as it was delivered to his address..once returned to Northampton they have a duty to inform the claimant that service has failed