CCJ and Living Abroad

[GlobalC]

Hey everyone,

It's been a long time

Back in 2015 I packed up and moved abroad. Leaving the debts behind in the UK.

I have just found out I have had a CCJ issued against me at my mother's address, where I have never lived, its in a county outside of where i used to live!!

Now I don't plan on returning to live in the UK so I'm not all that bothered about it (perhaps I should be?) but my concern is that my mother will start to get court bailiffs knocking at her door, is there anything I can do or she could do so that she is not being harassed?

Thanks
GlobalC

[Joanna Connolly Solicitors]

Back in 2015 I packed up and moved abroad. Leaving the debts behind in the UK.

I have just found out I have had a CCJ issued against me at my mother's address, where I have never lived, its in a county outside of where i used to live!!

Now I don't plan on returning to live in the UK so I'm not all that bothered about it (perhaps I should be?) but my concern is that my mother will start to get court bailiffs knocking at her door, is there anything I can do or she could do so that she is not being harassed?

Can you give a little more information about the CCJ.

Who is the Judgment Creditor (Claimant/debt owner) and how much is the CCJ?

There is every possibility that they will seek enforcement so you're right to be concerned for the sake of your Mother. You may need to deal with this to protect her.

You may also need to protect yourself from an over zealous debt owner making your Bankrupt behind your back. I'm not saying that's going to happening, but better safe than sorry.

Getting the CCJ set-aside may be one option depending on your answers to my questions.

How did you find out you had the CCJ? I assume it's a Default Judgment because you didn't file an Acknowledgment of Service.

What is the date of the Judgment? Set asides must be done promptly, the expectation is within 21 days of discovering its existence.

I've seen this post on your thread from 2015 which says you informed all your creditors that you were no longer living in the UK when you went to live in Asia. Was the Judgment Creditor one of the businesses who would have been informed? Has this particular debt owner or their DCA been in contact with you via the email address you gave them when you left the country?

GlobalC here writing from sunny and hot Asia! As some of you may remember I sold up and moved to Asia 3 months ago. On the day i got on the plane I posted a letter to all my creditors explaining that I no longer live in the UK and could no longer afford payments. I left them with an email as the only point of contact for me.

Trouble now is they are writing to my mothers house to which I have never given them this address nor have I ever lived there. The only thing i can think of is that I had a royal mail redirection going there awhile back. I also have my current UK bank statements and HMRC stuff going there now I live abroad.

What can I do about this? are they just fishing? seems strange that 2 of them have written to me at this address in the last 2 days they are Westcott and Experto Credite.

I really don't want my mother being hassled so any suggestions as to what to do about it.

Di

[Joanna Connolly Solicitors]

I've found this (unanswered) post on another of your threads from last year.

It says you have a bank account in the UK so is that registered at your Mother's address or somewhere else?

Do you have any money in that account because you want to avoid a Third Party Debt Order if you do? This is when the court makes an Order for the bank (Third Party) to 'freeze' your money > https://www.gov.uk/government/public...rty-debt-order

is it possible for any DCA's to get access to your bank account? I have a UK bank account that has nothing to do with any debts but i'm slightly concerned that they might be able to freeze it or put a charge over it so any money gets paid out to them

Di

[GlobalC]

The debt was originally with HSBC - Overdraft
The claimant is Arrow Global Limited
The amount that is claimed i owe is £4300

The paperwork was sent to my mothers address which was ignored as I didn't see it in time to do anything and it is a default judgement

I've not actually seen the CCJ yet but I was informed on the 28th Aug so most likely within a few days of that date

I believe that this creditor was not informed when I left at least I have no way to verify

Yes my UK bank account is registered to my mother's address, also my driving license (which is how I believe they think I live here)

FYI - My mother has actually sold her property and will likely be moving in the next 2 months

[Joanna Connolly Solicitors]

The debt was originally with HSBC - Overdraft
The claimant is Arrow Global Limited
The amount that is claimed i owe is £4300

I've not actually seen the CCJ yet but I was informed on the 28th Aug so most likely within a few days of that date

I believe that this creditor was not informed when I left at least I have no way to verify

Yes my UK bank account is registered to my mother's address, also my driving license (which is how I believe they think I live here)

It seems the claim was issued at your mother's address because you have a UK bank account registered at that address which may show on your CRA file if Arrow searched it. Does the account have an overdraft facility even if you don't use it?

If the debt owner (Arrow) hadn't been told you had left the country then they will argue that the claim was served on your 'last known address'.

Have you removed yourself from the Electoral Register at your mother's address (if you were ever on it)?

You also have a driving licence at that address which DVLA may have divulged.

Do you now have a copy of the Judgment (CCJ)? It should be sent by the court (NCCBC) in around seven working days. Or do you mean it arrived at your mother's address on the 28th August which is how you know there is a Default Judgment?

I sense you plan to ignore this CCJ but at the same time you say you have financial investments in the UK so consider whether it makes sense to get it set aside.

Posted on your other thread >

I have investment accounts in the UK but I assume they can't see these

Arrow are likely to seek enforcement action which is what you want to avoid.

Di

[GlobalC]

My bank account in the UK is just a basic account with no overdraft facility

I've never lived or been on the electoral roll at my mothers house

Yes I have been sent a copy of the Judgement

My original plan was to ignore it, but I'd think twice if they could touch investments I have outside of my bank account, also as mentioned in OP I'm a bit concerned that my mother is going to be getting bailiffs knocking, she is old and doesn't need the stress.

So any advice that you can offer would be much appreciated in how best to deal with this issue

Thanks

[GlobalC]

I can send the copy to your email if you want to see it?

[Joanna Connolly Solicitors]

I can send the copy to your email if you want to see it?

Yes, let me see the Judgment and then we can have an email conversation about your options. Send it to di@joannaconnollysolicitors.co.uk

Di