jonesyd UE Diary

[Never-In-Doubt]

Re: jonesyd UE Diary

Hence I'm asking send a link to the judgment then I'll do my own investigation as I don't believe it's accurate information. Yea I've seen a couple of threads out there but that doesn't mean much really. I'm sure you understand - we don't scaremonger. We stick to factuals here on AAD.

Thanks.

[BuzzyBee]

Re: jonesyd UE Diary

Hence I'm asking send a link to the judgment then I'll do my own investigation as I don't believe it's accurate information. Yea I've seen a couple of threads out there but that doesn't mean much really. I'm sure you understand - we don't scaremonger. We stick to factuals here on AAD.

Thanks.

I've just spotted a thread about enforcing a CCJ for a catalogue debt with bailiffs on another forum but you don't want links to other sites which is all there is. As you know, not all judgments are reported on Bailii to start with, the vast majority would be default judgments and there's no transcript of those as they didn't involve a judge. CCJs being enforced via warrants of control would be mostly those where the debtor was not aware of the judgment until the notice of enforcement turned up, and for that reason, they hadn't made any attempt to pay or reach an arrangement with the judgment creditor.

[jonesyd]

Re: jonesyd UE Diary

Enforcing it means applying in court post ccj and usual methods are attachment of earnings. I'd not worry as it's extremely rare if ever; that they attempt enforcement. It's too costly / risky. The ccj usually suffices 99.9% in the creditors viewpoint.

Hi all,

So it appears that at least one of the CC companies (I suspect MBNA) passed on my case to a law firm and they did indeed get a default CC judgement against me sometime between 2014 and 2015. I only know this much because a DCA-type guy showed up at my old UK address earlier this week and told the tenant now living there that he'd called to "enforce a court order" against me. The new tenant told them that I'd moved abroad years ago and they had no forwarding details for me (which is true). The DCA guy left but did not leave any contact details or other paperwork. Unfortunately, any more than that I don't know, because of course I had never received any of paperwork form the law firm, court or DCA that (presumably) preceded the visit...

So now I'm just wondering [1] what (if any) action can a DCA in a case like this take after arriving at your doorstep, and [2] now how likely it is that they will find me at my current (new) address in the UK before I go back to the US at the end of the year!

[Pixie]

Re: jonesyd UE Diary

Based on what Niddy said, I think it's unlikely that they'll find you.

[Never-In-Doubt]

Re: jonesyd UE Diary

I've just spotted a thread about enforcing a CCJ for a catalogue debt with bailiffs on another forum but you don't want links to other sites which is all there is. As you know, not all judgments are reported on Bailii to start with, the vast majority would be default judgments and there's no transcript of those as they didn't involve a judge. CCJs being enforced via warrants of control would be mostly those where the debtor was not aware of the judgment until the notice of enforcement turned up, and for that reason, they hadn't made any attempt to pay or reach an arrangement with the judgment creditor.

Yea I'm aware a couple have tried it this year - it's a new tactic and we're aware of it and can quite easily help if people ask.

It's extremely risky for a creditor to do this. The point is, it's only any use if you're employed. You won't find too many high flying career persons on AAD in severe debt; ergo if they attack your wages then it might be worth seeking alternative employment. At the end of the day they must figure out who you work for first.

The case on AAD was army. Based on the data on his application it'd be clear he hadn't quit - hence they tried their luck but as you'll have seen the enforcement has been stopped and it'll likely be appealed.

Its still rare for an AoE to occur. Yes it may happen but it's not frequent. In 6 years I'm aware of 3 now. They're all recent as well and seem to be the same type of firm doing it (think back to Lowells and their BR threats - we soon stopped that carry on)!

As you say, it's likely to occur in default judgment if the claimant knows your employment details to be accurate. Bummer eh!!

[jonesyd]

Re: jonesyd UE Diary

Yea I'm aware a couple have tried it this year - it's a new tactic and we're aware of it and can quite easily help if people ask.

It's extremely risky for a creditor to do this. The point is, it's only any use if you're employed. You won't find too many high flying career persons on AAD in severe debt; ergo if they attack your wages then it might be worth seeking alternative employment. At the end of the day they must figure out who you work for first.

The case on AAD was army. Based on the data on his application it'd be clear he hadn't quit - hence they tried their luck but as you'll have seen the enforcement has been stopped and it'll likely be appealed.

Its still rare for an AoE to occur. Yes it may happen but it's not frequent. In 6 years I'm aware of 3 now. They're all recent as well and seem to be the same type of firm doing it (think back to Lowells and their BR threats - we soon stopped that carry on)!

As you say, it's likely to occur in default judgment if the claimant knows your employment details to be accurate. Bummer eh!!

Thanks Pixie.


Hi NID,
It does seem very strange, especially given that I'm self-employed and it really would take no more than a couple of minutes on Google for the DCA - with the info they already have on me - to discover that I'm self-employed and that the company is HQd at my accountant's offices in Oxford!

Do you think that it is likely that the DCA (or other DCA) will call again at my old address?

[Never-In-Doubt]

Re: jonesyd UE Diary

Worrying won't help. You're best bet is checking for contact at that old address. Will they find you? Who knows - but unlikely if you're not in uk. If so, then little things like dvla report your info so sadly it's hard to hide but you still have options.

As said, (see Pixie post above) why worry...?

[jonesyd]

Re: jonesyd UE Diary

Worrying won't help. You're best bet is checking for contact at that old address. Will they find you? Who knows - but unlikely if you're not in uk. If so, then little things like dvla report your info so sadly it's hard to hide but you still have options.

As said, (see Pixie post above) why worry...?

Fair enough. But I am in the UK until the end of the year and I just want be prepared if they do indeed turn up at my front door here. My understanding is that - under any circumstances - they must give me 7 days' notice of a visit, correct?

[Never-In-Doubt]

Re: jonesyd UE Diary

They won't turn up. If so look at em daft

[jonesyd]

Re: jonesyd UE Diary

They won't turn up. If so look at em daft

Funny! I guess I'm just a bit paranoid because I remembered you'd said this:

"In all my years of helping debtors I have never once heard of a single case where a bailiff has turned up at a debtors house for non payment of a consumer credit debt / subsequent ccj"

in an earlier post and, now that they have doorstepped one of my old addresses, I feel in my bones that there is a reasonable chance of them turning up here. And, should that happen, I wanted to be fully ware of my rights/their responsibilities.

[jonesyd]

Re: jonesyd UE Diary

OK, time for an update. From my previous address in the UK (where I was last registered 3 years ago), I have recently been passed these letters:

[1] dated Aug 9th, from Restons Solicitors acting for Cabot Financial, a Notice of Application for Attachment of Earnings Order for £6K. I have no idea which original CC debt this refers to.

[2] dated Aug 18th, from Restons Solicitors acting for Cabot Financial, a Notice of Transfer of Proceedings to the local (to my previous UK address) County Court, which talks about a bailiff serving an N61 form. (So this may well be the guy who arrived at my old address a few weeks ago).

[3] dated Aug 25th, from Restons Solicitors acting for Arrow Global Guernsey, a Notice of Application for Attachment of Earnings Order for £15.6K. I have no idea which original CC debt this refers to.

I must admit this has put the wind up me a bit and I’d love to hear your advice.

I’m here in the UK for only a few months more before I leave again for the US, but as I’ll be keeping my address here and returning intermittently, ideally I’d like to make all this go away before I leave. Is it worth me contacting Restons and making a low-ball offer for F&FS?

[Pixie]

Re: jonesyd UE Diary

Hi jonesyd. Have you no idea which debts the AoEs refer to by going off the amounts?

I haven't read back through your diary but have you had ccjs? (I think you must have done if they've got AoEs.

I'm not very legal-minded so I'll flag up your post so that you'll get a reply from someone who is.

[jonesyd]

Re: jonesyd UE Diary

Hi jonesyd. Have you no idea which debts the AoEs refer to by going off the amounts?

I haven't read back through your diary but have you had ccjs? (I think you must have done if they've got AoEs.

I'm not very legal-minded so I'll flag up your post so that you'll get a reply from someone who is.

I'm guessing the £15.6K is Egg and the £6K is NatWest or Cahoot. It seems that I have had CCJs made against me in my absence (I have been living abroad since 2011 until a few months ago), but this has only come to light in the last few weeks so I have none of the paperwork relating to them at all.

[Pixie]

Re: jonesyd UE Diary

You may be able to get them set aside as you never received the paperwork.

Niddy will be online later and he'll have more idea of what you should do. I've flagged up your post for him so go and have a cuppa and pop back later

[jonesyd]

Re: jonesyd UE Diary

Thanks Pixie.

Just for my own sanity, I’ve gone over the timeline:

May 2010: last payments made by me to creditors (so I guess the SB timeline kicks off about here or just after);

Mar 2011: leave the UK to live and work permanently abroad. Notify creditors of this and also [i] my email contact details, [ii] that my physical post will be redirected and likely not be practical to use, [iii] that I intend to fight any court claims on UE grounds if they commence action against me;


--— 5 years pass in blissful ignorance ----


Feb 2016: return to the UK temporarily;

July 2016: suspect that some DCAs may have received default judgements against me whilst I was abroad;

late Aug 2016: a DCA type (or perhaps court bailiff) arrives at my (now long defunct) Royal Mail redirect address looking for me;

early Sep 2016: I am passed the AoE paperwork described in the post above - the first paperwork I have ever received regarding any CCJ action.

That’s it.


PS: by the way, the Egg, Cahoot and NatWest agreements were all confirmed as UE by Niddy back in Feb 2011.