Debtguy's UE diary

[debtguy]

Re: Debtguy's UE diary

Got plenty of burner email addresses - in fact they've got those already...

[debtguy]

Re: Debtguy's UE diary

Silly me!! Nice help!! Wanted to thank that post but the button's not there!

[Never-In-Doubt]

Re: Debtguy's UE diary

Silly me!! Nice help!! :-) Wanted to thank that post but the button's not there!

Cache - hit refresh and it comes back mate

[debtguy]

Re: Debtguy's UE diary

I should also say that I have just cancelled DDs to c card companies totalling around £1500 a month. This month I have taken £1100 on eBay, and it has suddenly hit me like a thunderbolt that I now have £1100 rather than -£400! It feels amazing!

[debtguy]

Re: Debtguy's UE diary

Cache - hit refresh and it comes back mate

So it did!!

[Never-In-Doubt]

Re: Debtguy's UE diary

planB just posted very useful info on your other thread - definitely worth considering

[Joanna Connolly Solicitors]

Hello detguy

I've received your email and replied.

Can you reply to mine please

Di

[debtguy]

Hello detguy

I've received your email and replied.

Can you reply to mine please

Di

All sorted, and I'd like to say thanks for your help - I feel I am in good hands now!

[Joanna Connolly Solicitors]

All sorted, and I'd like to say thanks for your help - I feel I am in good hands now!

It's not really sorted but you have a plan of action.

Let's see what happens.

Di

[Joanna Connolly Solicitors]

Hello debtguy

If you would like general debt advice then post on your thread and forum members will offer suggestions as to your next move.

If the legal issue surfaces then feel free to email me direct as before.

(I've received your PM and replied ).

Di

[debtguy]

Hello debtguy

If you would like general debt advice then post on your thread and forum members will offer suggestions as to your next move.

If the legal issue surfaces then feel free to email me direct as before.

(I've received your PM and replied ).

Di

Thanks Di - that's great!

[debtguy]

Urgent help needed, folks – if possible! See Di's post above...

Amazingly, it is over 5 years since I started this thread, which of course means a flurry of activity as my debts will soon become SB. Here is a brief background.

I live abroad, and from 2015 till 2019 my mail was going to a friend's address, and he clerked my mail for me and scanned anything scary and sent it to me, although there wasn't much. But he lives with his uncle, who is a) very grumpy; and b) owns the place. When he found out, he went apeshit, and I had to find another address. Luckily my mother-in-law's flat became empty (she is in a home with dementia), and so I used this for my bank account, although the debt collectors all still have the friend's address and he is just returning letters 'not known at this address'. I was having my mail forwarded from my ma-in-law's address to my mother's (also empty) flat, but someone has just rented that, so it now goes to my son.

In December I got a letter from one of the debt collectors saying they would apply for a CCJ if I didn't contact them within a month, which I didn't. That letter was redirected from my mother-in-law's empty flat, which they have managed to get because my mobile phone and bank account are there and I am on the electoral roll there (big mistake, I know).

I am now very worried, because if court papers are sent to my ma-in-law's flat they will not be redirected and I will not see them, so there is a risk of a CCJ being issued in my absence. I am getting the estate agent who is selling it for us to check for mail once a week, but last week there was an offer accepted on the flat, and when/if the sale goes through it will become much harder, because obviously we can't be certain the buyers will play ball.

So I don't know what to do! If the agency does apply for a CCJ and I see it and fight it, I think they will lose, because the paperwork they have (from 2004) is pretty rubbish and does not have my signature. So I would obviously like to see anything that comes, but I don't know how to ensure this. Any help would be very much appreciated, because I have no idea how to avoid CCJs being issued in my absence, nor how to get one set aside if it is! I can provide more detail if needed, but I have tried to keep it brief(ish!) to begin with, because the main issue is contact and addresses!

[The Tech Clerk]

Diana Mayhew

[Sam Audley]

Hi Debtguy,

Try to avoid getting a CCJ if possible.

It might be better for you to respond to that correspondence giving them an address for service if they do decide to issue a claim and inform them that the address they currently have on record is an old one and is incorrect.

The court rules allow a defendant to make an application to set aside a default judgment in certain circumstances, either under CPR 13.2 where a judgment is irregular or under CPR 13.3 where the judgment is regular the court can still use its discretion where a defendant has a potential defence to the claim and would, had the time limits been complied with, have been able to enter a defence to the claim or for any other good reason.

An application to set aside a default judgment is made using the Court Form N244 (application notice), which is available from the court’s website. There is a court fee payable of £255.00, unless both parties consent to the application where the court fee is reduced to £100.00.

If the judgment has been validly entered because the defendant has not filed an acknowledgment of service or a defence within the required time allowed, then the court may exercise its discretion to set aside or vary a default judgment if:

• the defendant has a real prospect of successfully defending the claim; or
• it appears to the court that there is some other good reason why the judgment should be set aside or varied, or the defendant should be allowed to defend the claim.

When considering such an application, the court will take account of whether or not the defendant’s application was made promptly. The court may not set aside a default judgment even if the debtor has a real prospect of successfully defending the claim if the application has not been made promptly. The longer the time since the default judgment was made the harder it is to persuade the court to set it aside.

We have however successfully obtained the set aside of default judgment where judgment was entered up to 12 years ago.

Considering making an application to set aside a default judgment can be quite complex depending on the circumstances. It is important that the best case for setting aside the default judgment is put forward at the time the application is made. It is therefore important that you seek legal advice promptly to ensure that the application is dealt with in a timely manner and in the most appropriate way.

[nightwatch]

Hi,
have you not become resident in the country you are living in?
do you own any of the properties the post is going to?

NW