jonesyd UE Diary

[BuzzyBee]

Re: jonesyd UE Diary

Buzzy - so, for example, is it correct that court bailiffs could not take my car when it is parked on the drive of the house I rent (i.e. the house and drive is the property of my landlord)?

No, that's not what I meant. As that's your home, the drive is *your* drive even if you rent the house from your landlord. It can't be take from someone else's drive but it can be taken from a public road even if it's not where you live. Better to find a garage somewhere to keep it.

[BuzzyBee]

Re: jonesyd UE Diary

No, it's just a regular car. But I've just realised - as all the paperwork relating to the CCJ & AoE went to my address from 4 years ago and thus they seem to have no idea about what my current address is - that I'm probably safe from imminent car confiscation! At least until I receive the 7 days notice at my CURRENT address...

AoE? You mean an attachment of earnings order? They can't get one against you unless you are working for an employer, not as a limited company director. Are you registered at your current address anywhere? DVLA? Electoral Register? It's amazing how easily some companies can trace you. You need to sort out the CCJ though, because once you get the Notice of Enforcement, a fee of £75 will be added to the debt (the compliance stage fee) and, should the bailiff visit (even if you don't let them in and the car is safely stashed away), a £235 fee enforcement stage fee is added to the debt.

[jonesyd]

Re: jonesyd UE Diary

Thanks Buzzy - good to know the info regarding company director vs employee.

With regard to the CCJs - I've literally only just discovered that CCJs were pursued against me whilst I have been living abroad over the last 5 years, and I only discovered that by blind luck because whatever paperwork has been churned out regarding those CCJS all went to an address I last used 4 years ago and was returned to sender. No attempt was ever made by the DCA to contact me by email (which I expressly asked them to do when I left the UK in Mar 2011).

I will only be in the UK for another few months before leaving again to live abroad, but as I come back to the UK intermittently and still have my company, etc, here, ideally I'd like to get this CCJ stuff resolved permanently before I leave the UK again at the end of this year.

But, as those CCJs were based on CCA contracts that were manifestly unenforceable and I've never been given the chance by the court or the DCA to show that (because they never contacted me during the whole CCJ process), I'm a bit reluctant to just accept the CCJ without a fight on that particular point.

If it is do-able, I'd much rather like to either [1] try to get the CCJs set aside by reason of UE and/or DCA conduct, or [2] settle with the DCA for some very low-ball amount based not the fact that any recovery against me via AoE or property charge will be extremely difficult for them to achieve because I'm not an employee or property owner in the UK.

[Never-In-Doubt]

Re: jonesyd UE Diary

Want me to ask solicitor to assist?

[PlanB]

Re: jonesyd UE Diary

[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.

Could it be this Cahoot one http://forums.all-about-debt.co.uk/s...ll=1#post49452

Or this NatWest one http://forums.all-about-debt.co.uk/s...ll=1#post49623

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.

Have you looked on Trust Online for the details of the three CCJs. That would be the best starting point I would think.

http://www.trustonline.org.uk/search-yourself

Plan B x

[PlanB]

Re: jonesyd UE Diary

I'm guessing the £15.6K is Egg.

Might that be this one in your UE diary http://forums.all-about-debt.co.uk/s...ll=1#post49388

Plan B x

[PlanB]

Re: jonesyd UE Diary

as those CCJs were based on CCA contracts that were manifestly unenforceable and I've never been given the chance by the court . . . .

If it is do-able, I'd much rather like to either [1] try to get the CCJs set aside by reason of UE and/or DCA conduct .

I assume you mean you've previously sent CCA Requests for all three debts and had replies which show them to be unenforceable. Do you still have the original paperwork for that now that you've moved abroad? I can see from your Diary that you sent CCA Requests to all your creditors in 2010.

Once you've got the CCJ details from Trust Online (they can provide you with the Claim Reference Numbers) you can contact NCCBC for a copy of the initial summons and the Default Judgments. You'll need those in order to apply for any Set-Aside.

If these claims have now progressed to AOE applications the paper files will have been transferred to your nearest County Court (as per the address for you on the summons). You may need to approach the county court direct for further paperwork (AOE stuff) but doing that will make them aware of your presence which may not be a good idea until you decide what strategy you should adopt.

Get the background first so you know what's what.

Plan B x

[BuzzyBee]

Re: jonesyd UE Diary

Thanks Buzzy - good to know the info regarding company director vs employee.

With regard to the CCJs - I've literally only just discovered that CCJs were pursued against me whilst I have been living abroad over the last 5 years, and I only discovered that by blind luck because whatever paperwork has been churned out regarding those CCJS all went to an address I last used 4 years ago and was returned to sender. No attempt was ever made by the DCA to contact me by email (which I expressly asked them to do when I left the UK in Mar 2011).

I will only be in the UK for another few months before leaving again to live abroad, but as I come back to the UK intermittently and still have my company, etc, here, ideally I'd like to get this CCJ stuff resolved permanently before I leave the UK again at the end of this year.

But, as those CCJs were based on CCA contracts that were manifestly unenforceable and I've never been given the chance by the court or the DCA to show that (because they never contacted me during the whole CCJ process), I'm a bit reluctant to just accept the CCJ without a fight on that particular point.

If it is do-able, I'd much rather like to either [1] try to get the CCJs set aside by reason of UE and/or DCA conduct, or [2] settle with the DCA for some very low-ball amount based not the fact that any recovery against me via AoE or property charge will be extremely difficult for them to achieve because I'm not an employee or property owner in the UK.

How old are those CCJs? If you decide to apply for set aside, the time factor may be taken into account. Set aside applications usually require a hearing which you will have to attend, so you'll need to be in the UK or be able to travel to the UK for the hearing(s). Also bear in mind that having the judgment(s) set aside isn't the end, the claimant can re-activate the claim and you'll have to be in a position to defend it. Your defence can be filed online but, unless the claimant decides not to proceed with the claim after you've filed your defence, there is a rather long-winded process to follow afterwards.

[jonesyd]

Re: jonesyd UE Diary

Want me to ask solicitor to assist?

Ah, Nid, I thought from your post above ("I've asked Jo for her thoughts on what to do.") that you already had ..?

Buzzy & Plan B: thanks for your thoughts - I think the best thing for me to do is have a good think over the next day or two and decide what course to follow - I now have a few paths to consider and will post for your feedback.

[Never-In-Doubt]

Re: jonesyd UE Diary

Ah, Nid, I thought from your post above ("I've asked Jo for her thoughts on what to do.") that you already had ..?

Buzzy & Plan B: thanks for your thoughts - I think the best thing for me to do is have a good think over the next day or two and decide what course to follow - I now have a few paths to consider and will post for your feedback.

i have - but you need to email too. I'll email and copy you both in.

[jonesyd]

Re: jonesyd UE Diary

OK, thanks Nid.

Upon reflection, I feel that I did all I reasonably could in 2011 to notify my creditors that I’d be leaving the UK permanently, that the agreements were UE and that, if they needed to contact me, they should do so by email.

For whatever reason, two of my creditors ignored all that and chose instead to get a default judgement in my absence by using an old address that they probably well knew was no longer mine. This seems to be a trick they commonly use.

To be honest, I’m edging towards the idea that time is on my side on this, and that I should probably sit tight and do nothing until I receive paperwork - if ever - at my current UK address. If that happens before I leave the UK permanently again, then fine - I should fight the cause then.

[PlanB]

Re: jonesyd UE Diary

I’m edging towards the idea that time is on my side on this, and that I should probably sit tight and do nothing until I receive paperwork - if ever - at my current UK address. If that happens before I leave the UK permanently again, then fine - I should fight the cause then.

I can see your logic.

If you respond to Restons' recent letters sent to your old address, they may question how you were able to 'receive' those three letters but not the summons or Default Judgements which would have preceded them.

At the moment you don't have any evidence that there are any CCJs until you check that with Trust Online. There may well be, but you can't really move forward until you know the full facts.

Plan B x

[Pixie]

Re: jonesyd UE Diary

OK, thanks Nid.

Upon reflection, I feel that I did all I reasonably could in 2011 to notify my creditors that I’d be leaving the UK permanently, that the agreements were UE and that, if they needed to contact me, they should do so by email.

For whatever reason, two of my creditors ignored all that and chose instead to get a default judgement in my absence by using an old address that they probably well knew was no longer mine. This seems to be quite a common trick they use.

The MailOnline highlighted this and other sneaky ways that CCJs are obtained on Monday ---> http://www.dailymail.co.uk/news/arti...-new-home.html Supposedly Theresa May is going to do something about it.

[jonesyd]

Re: jonesyd UE Diary

If you respond to Restons' recent letters sent to your old address, they may question how you were able to 'receive' those three letters but not the summons or Default Judgements which would have preceded them.

Plan B x

Exactly this. It was only arse-backwards luck that put the recent paperwork in my hand. Since the Royal Mail re-direct ended in March 2013, anything with my name on it that was sent to my old address has not come my way - it was either made "Return to Sender" or otherwise disposed of by the current resident there.

[Roger]

Re: jonesyd UE Diary

I can see your logic.

If you respond to Restons' recent letters sent to your old address, they may question how you were able to 'receive' those three letters but not the summons or Default Judgements which would have preceded them.

At the moment you don't have any evidence that there are any CCJs until you check that with Trust Online. There may well be, but you can't really move forward until you know the full facts.

Plan B x

Just simply find out by checking with Trust Online to see whether there are any CCJ's.

This is from my diary!
HSBC were paid in full within week of Judgement (caused considerable hardship) they did not tell Court.
CCJ was NOT Issued BUT
HSBC advise will cost me £15 to get CCJ taken off.

It was this Site Niddy and Jo that directed me to Trust Online and guess what NO CCJ.

So my advice is do what Plan B suggests check with Trust Online. First step in taking charge here is find the facts