Overseas and don't know what do do

[Octopus]

Hello

I moved to Singapore with a new job in 2019 retaining a mortgaged property in the UK that is now let to a long term tenant.

Since moving here I have had financial challenges due to COVID as I am in the travel industry. I still have a job but only just making ends meet and going back to the UK isn't an option.

I used and defaulted on a credit card last year when things were really tough and yesterday received a county court filing at my UK address. I found this out as I have my mail redirected.

It looks like I am supposed to attend this in person or I can have this judgment made against me for not attending? I cant go back to the UK at the moment and it looks like there is lockdown. I am worried that they can get a CCJ and then take my house away. Does anyone have any advice on how I should proceed?

Thank you very much

[Colin G Quinn]

Hi Octopus,

When you say you have received a court filing, do you mean a claim form? The rest of your post sounds like there is a hearing, which there wouldn't be if you haven't filed a defence.

Also, who is the claimant and the sum claimed?

[Warwick65]

As far as I know, most hearings are via the telephone because of Covid. Is there a date and how long is the hearing? Does it actually say what it is for?

[Octopus]

Thanks Colin,

Sorry, my terminology was all wrong. I've been trying to figure out the process for this reading all these forums. Yes I mean a claim form for the county court. My understanding is if I don't reply a judgment will be made against me and if I do reply I have to attend a hearing in person which I cannot do.

The debt is American Express for £32,100. I had written to them back in September asking for some sort of payment plan. The responded asking me to call them. When I called they told me they had passed my file to a debt collector. I have not had any correspondence from anyone since that phone call until this now.

[Warwick65]

The first thing he needs to do is go online and acknowledge the claim . You will see the details and password on the front of the claim form so you can make an acknowledgement of service. This will give you a further 14 days to decide what you can do . You have a total of 19 days from the date on the claim form to do this and then another 14 days to file a defence.

Are the claimants actually AMEX?

Meanwhile you can send a S78 request to the claimant which might slow them down as well.

Can I ask, did you only recently take out this card or have you had it for some time?

[Octopus]

I have had the card since 2015 I think. I read on another forum that they should not be able to file this as I don't live in England anymore but this seems to conflict with other things I have read.

[Joanna Connolly Solicitors]

The debt is American Express for £32,100. I had written to them back in September asking for some sort of payment plan. The responded asking me to call them. When I called they told me they had passed my file to a debt collector. I have not had any correspondence from anyone since that phone call until this now.

When did you open the account and is American Express named as the Claimant on the claim form?

You say you've not heard anything from anyone since that phone call last year, so I'm wondering if the debt has been assigned (sold) to a debt purchaser not just the collection of outstanding balance outsourced to a Debt Collection Agent on their behalf.

Either way you should have been sent a Letter of Claim at least 30 days before the claim was issued, so did you receive that?

Di

[Joanna Connolly Solicitors]

I read on another forum that they should not be able to file this as I don't live in England anymore but this seems to conflict with other things I have read.

When you called them last September did you tell them you were living overseas?

Di

[Octopus]

I opened the account in 2015. No its a debt collection company not amex. I told them I was living overseas. I wrote to them from Singapore, gave my address here for future correspondence. The AMEX website only allows a UK address so I couldn't change when I moved that but I told them I was overseas when I wrote to them explaining my circumstances last year.

I didn't receive any letter of claim but mail redirection is patchy at the moment and things are arriving weeks after they were sent to my property in the UK.


Thanks

[Joanna Connolly Solicitors]

No its a debt collection company not amex

Do you mean the Claimant is Amex or the Claimant is another name? Sorry it's my fault for not understanding, not yours.

Di

[Octopus]

The claimant is a dca. AMEX told me they referred my debt to one when I called them last year. But I didn't hear from them which is strange as I have mail redirection.

[Joanna Connolly Solicitors]

The claimant is a dca. AMEX told me they referred my debt to one when I called them last year. But I didn't hear from them which is strange as I have mail redirection.

Okay if you prefer not to name the DCA on the forum you can email me the front page of the claim form so I can see what they're claiming and why they think they have the right to claim it. You can use di@joannaconnollysolicitors.co.uk for privacy.

If it has been assigned then you should have been sent a Notice of Assignment. Is your mail redirection informal (a friend or family member who opens/scans/emails to you) or is it a professional one?

Di

[Octopus]

That's very kind of you thanks. I'm at home now so will send on Monday. I think the dca is Allied International credit. The mail redirection is Royal Mail.

[Joanna Connolly Solicitors]

That's very kind of you thanks. I'm at home now so will send on Monday. I think the dca is Allied International credit. The mail redirection is Royal Mail.

Allied International is a debt collector but they don't purchase debts so they shouldn't issue a claim - only the owner of a debt should do that.

From memory claim forms sent out by NCCBC (MCOL) have "Do Not Redirect" on the envelope so Royal Mail tend to deliver them to the address on the claim regardless.

Do you know the Issue Date of the claim since these things are time-sensitive so if you don't file the AOS by the deadline you could get a Default Judgment? However, if it was served on an address where you weren't living then you'd be looking at making an Application for a set-aside etc.

I'll explain more once I've seen the claim form. (Please don't post it on the forum for security reasons.)

The important thing is you want to protect your property in the UK.

I hope you enjoy the rest of your weekend.

Di

[Octopus]

Okay if you prefer not to name the DCA on the forum you can email me the front page of the claim form so I can see what they're claiming and why they think they have the right to claim it. You can use di@joannaconnollysolicitors.co.uk for privacy.

If it has been assigned then you should have been sent a Notice of Assignment. Is your mail redirection informal (a friend or family member who opens/scans/emails to you) or is it a professional one?

Di

One more quick question as this is keeping me up at night. Is it true that the court won’t issue a ccj if I am not living in the UK? Can I not just reply to this stating that?

thanks