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  • Scotland England Courts

    When I first signed up with my DMP company I lived in Scotland so all the paperwork was addressed there. Over time a couple of my debts were bought by debt companies, again while I still lived in Scotland. I have since moved to England, and have CCA'ed all my debts and all have turned out to be unenforceable as deemed by Niddy. Could the location of my debts ie loans taken out in Scotland, then defaulted and put on DMP in Scotland and then CCAing them in England mean they would be out of duristiction by a court? I know it's a long shot but I thought I would ask.

  • #2
    Let's hope you never need to know the answer to your question

    However, from the way you describe the situation, if a debt purchaser decides to issue legal proceedings against you they should be issued and served on you where you currently live (in England) and dealt with by the English court system.

    If the credit agreements have all been deemed unenforceable under s77-79 CCA then they'd be unenforceable in whichever jurisdiction a claim is made.

    If a claim was issued in the wrong jurisdiction then you would contest jurisdiction. I would then expect the Claimant (or Pursuer if in Scotland) to re-issue in the correct jurisdiction.

    Do all the debt owners know where you are currently living? Are you visible on the CRA files as being on the electoral roll in England?


    Di
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #3
      I thought it would be too easy to simply move to England! I've been in England about five years now and am on the electoral roll etc so there's no hiding here! I asked the question after being told years ago that my signing a house in England over to my ex could be null and void as I signed it over the border in Scotland I also faked the witness signature as there was no-one I could ask) and that I still half owned it, years on the house is worth gazillions of pounds but in the long shot that I had a claim it would be a nightmare as my ex sold it and it would be far to complicated to do (or am I just too nice?)

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      • #4
        Originally posted by Lifeback View Post
        after being told years ago that my signing a house in England over to my ex could be null and void as I signed it over the border in Scotland I also faked the witness signature as there was no-one I could ask) and that I still half owned it, years on the house is worth gazillions of pounds but in the long shot that I had a claim it would be a nightmare as my ex sold it and it would be far to complicated to do (or am I just too nice?)

        No you're not too nice.

        The faked witness signature would have got you into a lot of legal trouble, so maybe best you walked away from the situation when you did.

        Di
        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #5
          I actually thought the same thing at the time too, although the house was quite valuable so it would still have paid off. Probably wouldn’t have got into the mess that I did if I hadn’t signed it over but we all live and learn don’t we!

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          • #6
            Originally posted by Lifeback View Post
            I actually thought the same thing at the time too, although the house was quite valuable so it would still have paid off. Probably wouldn’t have got into the mess that I did if I hadn’t signed it over but we all live and learn don’t we!

            I completely agree with that statement.

            I have a Freedom Pass and draw my State Pension if that helps to explain why.

            With age comes wisdom

            Di

            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment

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