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CCJ issued whilst living abroad. Lowells

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Could do with some advice regarding a CCJ which was registered whilst I was living abroad.

 

Ive now returned to the UK and have had a letter go to my mother in laws address regarding them trying to do an attachment of earnings.

 

I'm not entirely sure if this debt is actually statute barred,

unfortunately Ive been unable to get into an Equifax credit file as I have no residential bills to prove my address etc yet.

 

I'm aware theres a possibility of getting this set aside but someone has told me Id need a defence straight away as it would have a hearing?

 

Would really appreciate some advice please if anyone can help.

 

Been back in UK 6 weeks now,

had a lot going on,

only got this letter recently as had that much going on trying to settle back in UK.

 

I believe the original debt may be for Aqua credit card but again, cant be sure as cant access my credit file.

 

I have no earnings, currently unemployed.

 

Wife is working.

Thanks.

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you need to gather info first.

 

do you know the CCJ number [will be alpha numeric..}

 

if you do

ring northants bulk in a few days time

ask for a copy of the CCJ and the Claimform by email PDF.

 

how long and were you resident abroad?

did you not inform you creditors when you went abroad?

 

what date is the AOE letter?

they wont get anywhere..not earnings to attach too, but might help things?


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Yes it states the Claim number.

Date is 5th Dec 2018 'notice of transfer of proceedings'.

 

We were abroad approx. 18 mnths,

no I didn't inform creditors of going abroad,

tried to request original agreements for a few things years prior to leaving UK,

don't think we received anything.

 

Do I still ring Northhants if its been transferred to local county court?

Thanks a lot.

Edited by dx100uk
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is this an N271 you have?


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Yes only just noticed that now, my apologies. Its in tiny text at the bottom.

 

it states case has been transferred to debtors local county court because debtor did not file N56.

Receiving court will arrange for bailiff to serve N61.

Bit worrying to be honest

Edited by dx100uk
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interesting if you are saying you've already got a CCJ..or do you mean a claimform?

but you didn't do anything with the claim like defend or anything so why is it being transferred to your local court??

 

you should be able to view your credit file using your old address details.

 

dx


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Think I had a letter prior to this before we arrived back in UK, cant remember exact contents as was mentioned on the phone from mother in law.

Wish Id took notice, had enormous amounts of stress though that's why we returned to UK.

 

Think its a CCJ with it mentioning 'for enforcement' enforcement / bailiffs/attachment of earnings?

Just buried my head until we got back.

It says 'In the county court money claims centre'....'claim number'.....then 'did not file N56'.

 

Cant get into credit file at all as I updated new address, then they said cant activate it due to no evidence of address.

 

This has been sent to mother in laws address, never lived there.

Did use it for a care of address only for bank statements..

Edited by dx100uk
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aha sorry bit busy, missed the importance of the AEO/N56 that you didn't return in time.

 

you'll get an allocation from your local court and a date.

don't worry about supposed bailiffs

its a CCa regulated consumer debt and they would only be court bailiffs

your friends in a way, no right of forced entry at all.

 

I wold suspect your route here will poss be an N244 get it set aside

but if you can PROVE the debt WAS statute barred lowells might drop the whole thing for free if you approach them.

 

so prove this debt was SB'd - 6yrs from the time of your last payment.

 

you say this was an aqua card?

you should be able to ring newday and ask last date of payment.


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Not 100 percent sure if it was aqua, but think so. I know some other debts are coming up SB so theres a possibility it is as we collapsed financially at the time and stopped paying everything.

Who are newday?Hoping for some sort of utility bill soon to allow me to access my file. Cant even get into noddle..

Thanks

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I forget a link

https://www.consumeractiongroup.co.uk/forum/showthread.php?370066-Arrow-Global-Notice-of-Service-by-the-Bailiff-***Suspended***&highlight=Notice+of+Service+by+the+Bailiff+%28Failure+to+Provide+Statement+of+Means%29

 

you'll get a court date then we can move things on

in the meantime try and findout what the debt is all about.

 

were there no other forms/letter sent to your MiL ad?

that might give a clue?


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Got in to noddle using old address.

Two accounts under 'Lowell'. One is credit card, one is mail order. Think it may actually be mail order as I think it was a higher amount than is stated on noddle for the credit card from what I remember.

Both default dates state 2013.

The credit card is april. The mail order states june. No idea when last payment made however, only states the date the creditor registered the 'default'. Possibly not SB then until next year.

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Found it. CCJ June 2017. The mail order.

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so an old catalogue debt.

 

don't take the defaulted date as your last payment date NOT the same thing.


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Posted (edited)

Happy New Year

Yes that's what I thought. Even so, if CCJ registered 2017, that probably means it wasn't SB at the time.

 

So, what would you say I do now...should I wait for a letter, r do an N244?

Do I have any chance of a set aside or would I need some kind of decent defence (regardless of being abroad when CCJ registered) in order for a judge to consider?

Its for about 1700-1800 pounds.

Thanks again

Edited by LB85

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yes you'd need a defence for the actual debt as well as a set aside reason.

don't think you've either really , though proof of not being in this country might belay the bailiff stuff to allow you to arrange an affordable payment schedule.

[N245]

 

see here

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?469375-Hoist-cohen-judgement-HSBC-debt-want-AEO/page2


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Complete the following and drop it into your local county court tomorrow...tick 10 suspend...reason unemployed.

 

https://www.gov.uk/government/publications/form-n56-form-for-replying-to-an-attachment-of-earnings-application-statement-of-means

 

Andy


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Posted (edited)

Ideally, if I have to repay this it would be great if I could do it without having a CCJ on record.

- can the CCJ be set aside if I offer to repay over time?

Is that a possibility?

 

I'm likely to be unemployed for quite some time as I will be my sons carer whilst my wife works, how would this affect things?

 

Would they take my wifes earnings and tax creds/disability benefits into consideration when assessing income or is it based solely upon my income?

 

Or by being unemployed does this mean they cant/wont be able to hound me for money as long as I'm unemployed?

Edited by dx100uk
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too late to get the CCJ removed, it's there for 6yrs paid off or not.

 

although you put down your partners income, it is not taken into consideration.

 

you are un-employed

little or nothing they can get out of you, certainly not an AEO which the N56 is about.


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Just checking, if I end up on carers allowance for my son, can they take that off us?

Thanks

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its only 60 odd quid no!!

 

you need to get reading up!!


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It's also handy to know , they can't AOE you if you are self employed.

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its only 60 odd quid no!!

 

you need to get reading up!!

 

Ive no idea where to start, that's why I'm here

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Complete the following and drop it into your local county court tomorrow...tick 10 suspend...reason unemployed.

 

https://www.gov.uk/government/publications/form-n56-form-for-replying-to-an-attachment-of-earnings-application-statement-of-means

 

Andy

 

Already advised you what to do 2 days ago...with no response from you.


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Posted (edited)
Already advised you what to do 2 days ago...with no response from you.

 

I did what you said immediately,

went straight to the library the next morning,

printed off the form and completed it,

posted it straight away and even rang the court to tell them its on its way..

 

Sorry I didn't directly respond to your post,

but there has been a few replies and cross posts so it certainly wasn't because I was intentionally ignoring you.

I acted upon your advice and I'm very grateful for that help.

 

When I posted I 'didn't know where to start',

I was just referring to querying if they could take carers allowance.

I dont even have that so it doesn't matter at the minute,

I was just wondering.

 

I have though unbelievably just got a job that fits around my son, its about 15hrs.

Edited by dx100uk
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Can anyone advise if I now need to inform someone that I'm working? Thanks

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