@hsbc_uk_help Mortimer Clarke Solicitors (HSBC old debt)

[napoleonhill]

My daughter is being chased by Mortimer Clark Solicitors on behalf of Cabot Financial for a debt of £2051 owed to HSBC going back to 2008.

 

Her total debt:

HSBC £2051, £500, and £4500.

RCI £4500,

(CCJ) Blackhorse £4536,

Captia £800.

 

Her scenario is as follows,

she left the UK in 2009 and moved to Austria with her partner also English,

he had been paying the £2051 debt from April 2013 until December 2014 when he stopped as he and my daughter had a disagreement.

 

My daughter has two children but doesn’t work, her only income is family allowance which she needs to support her children.

 

Just recently she has been studying to become an accountant supported by my wife and me,

but should she obtain another CCJ it would hinder employment in the accountancy profession and her chance to repay anything.

 

I think Mortimer Clark Solicitors are trying to obtain a charge on a property my daughter owns jointly with my wife.

 

However, the property is in negative equity and the mortgage is being subsidised by my wife and me and has been since 2006.

 

Court papers have been delivered to the property in the UK, but my daughter lives permanently in Austria.

 

What do you suggest as a way to help my daughter,

 

but also protect my wife’s interest in the property

 

she owns jointly with my daughter?

[Bazooka Boo]

What are the debts?

Loans, credit cards, overdrafts, current accounts?

 

If she lives in Austria then who signed for the court papers?

[napoleonhill]

Its a bank overdraft that Mortimer are chasing. Normal post not signed for.

[Bazooka Boo]

Then you should return them RTS not known at this address, and as it is an overdraft this will be full of reclaimable charges.

[napoleonhill]

Even though she is joint owner of the property the documents were sent to?

[Bazooka Boo]

Well IMO she isn't going to be able to defend any legal action because she doesn't live in this country, therefore, I would RTS the letter, you could mark it 'No longer resides at address'?

[dx100uk]

are you saying they HAVE sent court papers to do with the charge

giving a hearing date?

 

 

when did she move to Austria

 

 

when did the get the CCJ?

 

 

dx

[napoleonhill]

the court papers received are a claim form with a court reference.

 

My daughter moved to Austria in 2009 her CCJ was made in 2011.

[dx100uk]

then the CCJ should never have been granted if the defendant is resident abroad.

[napoleonhill]

Following on from the above comments, if my daughter resided outside the UK when the CCJ was made, can she rescind the decision and if so, which court form should be used?

 

Many thanks

[dx100uk]

if she was outside the country and has proof

go get the CCJ set aside.

[napoleonhill]

Yes proof in an official government document stating when she arrived in her new home. Is the court document required a N244?

Many thanks

[dx100uk]

Yes