Backdoor CCJ for my liquidated company when not in this country - set aside?

[KateBur]

Hello,

I'm new to the group so hello to everybody.

 

I left UK in 2014 and before that i liquidated my company. I thought everything was done correctly. 

 

Recently i have found out that the credit card i had for my company but in my name must have not been included in the liquidating process and during that time the debt of 2,2k GBP was transferred to various debt collecting companies.

 

In June 2021 there was Claim Form sent on my old address and month later Judgement for Claimant saying i have to pay the outstanding balance plus extra costs.

 

Is there  a way I can dispute this ?

 

I don't live in the country since 2014, just recently went to the old address to find out bunch of letters, most of them regarding this debt.

 

Any advices please?

Thank you in advance.

 

KateBur

 

Edited January 20, 2022 by dx100uk
added A few blank lines only..dx

[honeybee13]

Hello, welcome to CAG.

 

I expect people will be along to advise you later, please bear with us until they're able to get here.

 

HB

[dx100uk]

If you have proof you were resident abroad should be slam dunk win

[AndyOrch]

What month in 2014 did you leave...when was the last payment made to the card ? If the claim was issued in June 21 and there was a clear 6 years no activity/payment then it may just be it was statute barred before issuance of the claim ?...check your dates.

 

Andy

[KateBur]

Hi, it was August and the first letter saying it is outstanding was received before that but thought that will be sorted out by the liquidation.

The credit card is in my name but my company name was also on it. Now they chasing only me, not the company.

 

[dx100uk]

If last payment was aug 2014 and the claimform  was june 21 then the debt was already statute barred upon litigation.

 

You could try on the off chance to ring the claimant s solicitor and demand its set aside by mutual consent FOC to you. They might do it

 

Else its n244 time @£275

 

who was the claimant?

 

Dx

[KateBur]

The claimant was PRA Group (UK) Limited. It was probably sold to them.

So do i contact them and tell what? Sorry basic knowledge needed...

Also is my credit score going to be cleared?

If that was statute barred how could court judge in their favor? 

Thank you very much for your help!

Kate

 

 

[AndyOrch]

Quote

If that was statute barred how could court judge in their favor? 

 

Because you as the defendant wasn't aware of the claim and didn't submit a defence stating otherwise..Claim unchallenged.

 

 

Andy

[dx100uk]

Pra group backdoor ccj ..how surprising!!!

 

Go nail 'em ruddy fleecers phone today!!

Read them the riot act as I said.

 

Dx

 

 

 

 

 

 

 

 

 

 

[KateBur]

You are stars here! Thank you!

 

So i call  PRA Group (UK) Limited or the court? What about my credit score? will they fix it?

Kate

 

 

[AndyOrch]

PRA...if they will consent to the set a side...if not you will have to just submit an n244 on your own steam with fee. Should the set a side be successful and the CCJ set a side and not re submitted the CCJ will be removed from your credit files....if they wish to challenge your set a side the claim proceeds and the outcome will be determined if your  successful in defending the claim.

 

Andy.

 

 

,

[KateBur]

Hello clever people,

 

I've written to PRA and this is their reply. They want my current address and date of birth.

Shall i give it to them? I don't want them to chase me in different country.

Please advise.

 

 

Thank you for getting in touch!

So we can help you, and just to make sure we are speaking with the correct person, could you please give us the following details:

• Your date of birth
• Your current address and post code

When you have replied with this information, we will get in touch as soon as possible.

Questions? 

We’re happy to help, contact us by:

• replying to this email;
• visiting our website (pragroup.co.uk); where you can find answers to commonly asked questions; or
• calling us on 0808 196 5550.

Thank you,

Kate

[mantis shrimp]

If you are going to apply to set aside the judgement you need to act promptly after finding out about the judgement: CPR 13.3(2). It is already nearly 3 months since your first post here.

[dx100uk]

7 hours ago, KateBur said:

I don't want them to chase me in different country.

they cant .

just as powerless there as in the UK = ZERO LEGAL POWERS.

dx

 

[mantis shrimp]

Oh to be blessed with such certainty!

 

UK judgments can be enforced overseas, under various reciprocal enforcement treaties. Rather than say where you are, you can google to see if the country you are in has such an arrangement with the UK. 

[KateBur]

Hi again,

so I have finally managed to start filling out N244 form and got stuck.

Please help/advice here what do I write in here.

Please be patience with me, never have done it and don't live in UK.

 

 

On the question What order are you asking the court to make and why? I replied: 

I am asking for the order to be set aside on the grounds that the debt was already statute barred upon litigation at the time the claim was put against me. I moved out from the address......on 14th August 2014 and lived abroad ever since therefore I knew nothing about the claim and Court order until recently.

Shall I add something?

 

What do I write here:

1. Have you attached a draft of the order you are applying for? Shall I attached bigger explaination?

2. How do you want to have this application dealt with? What is the best option, I live abroad now. How court is looking at this?

3. How long do you think the hearing will last? Hours Minutes Is this time estimate agreed by all parties? I don't know, never had a hearing. Please advice.

4. Give details of any fixed trial date or period - what is that? 

5. What level of Judge does your hearing need? -  please advice what level of Judge.

6. Who should be served with this application? ????

7. What information will you be relying on, in support of your application? What kind of evidence I can show if I don't live in the country since 2014?

 

Thank you in advance.

 

[dx100uk]

upon issuance of the original court claimform the debt was already statute barred under the limitations act.

 

the fact you were abroad at the time and could not defend is somewhat immaterial to a side issue.

 

you should choose no hearing that will be £100 only i think 

[AndyOrch]

On the question What order are you asking the court to make and why? I replied: 

 

I am asking for the order Judgment dated xxxxx to be set aside  Pursuant to CPR 13.3 on the grounds that the debt was already statute barred upon litigation at the time the claim was put issued against me. I moved out from the address......on 14th August 2014 and lived abroad ever since therefore I knew nothing about the claim and Court order until recently.

 

Shall I add something? See above

 

What do I write here:

1. Have you attached a draft of the order you are applying for? Shall I attached bigger explanation? No, you can attach a Draft Order or  tick no

 

2. How do you want to have this application dealt with? What is the best option, I live abroad now. How court is looking at this? Without a hearing fee is £108 or Teleconference. Tick both

 

3. How long do you think the hearing will last? Hours Minutes Is this time estimate agreed by all parties? I don't know, never had a hearing. Please advice. 2 Hours

 

4. Give details of any fixed trial date or period - what is that?  Dates you will not be available or leave blank

5. What level of Judge does your hearing need? -  please advice what level of Judge. District Judge

6. Who should be served with this application? ???? Claimant

7. What information will you be relying on, in support of your application? What kind of evidence I can show if I don't live in the country since 2014?  You could write a short statement and attach to the N244 with details of the debt and when you moved abroad and therefore had no notification and therefore should be allowed to defend the claim.

 

 

Andy

[KateBur]

Thank you for your help.

 

can I write as a support this or it should me more detailed?

 

On 2.05.2006 I applied to Lloyds Bank Plc for business credit card for my company but in my name.

Unfortunately business was not going well therefore I liquidated the company on 31.07.2015.This card should be cleared from assets company owed.

I moved out of the address ....on 14^th August 2014 and lived abroad ever since therefore I knew nothing about the claim and Court order until recently.

Edited June 13, 2022 by KateBur

[AndyOrch]

Whatever you feel will help with your set a side application ...if the debt is owed by a Liquidated business then yes but you will have to provide evidence possibly at a later stage should your set a side be successful and you are allowed to defend the claim.