esperanza

I've just had a look at the leaving debt in the UK thread, haven't read every post but wanted to say that they definitely CAN get a CCJ against you whilst you are resident in Australia, it happened to me. I didn't even owe anything, it was a cock-up at the bank then went through a debt collection agency.

I would advise everyone to a) pay off all debts (obviously) but also b) make sure all accounts are given up to date addresses (even if you consider them to be dormant) and wherever possible check up online/by phone every few months just to be sure that nothing is going on without your knowledge.

Deancm

That would be because the debt collection agency broke the law and would have used your old UK address in the CCJ application. If you reside outside of the UK the UK courts have no jurisdiction and cannot enforce a CCJ or even issue one. You must be resident in the UK for this to happen.

esperanza

Patently not!

Perhaps you have to be resident in the UK for them to LEGALLY issue the CCJ, but I am living proof that it's totally possible for the entire thing to get through the system without your knowledge - until it's too late and you have to fight to get the whole thing undone.

Deancm

That can happen but that means the DCA's have broken the law.

Centurion

I would be very very surprised if you had a CCJ made against you with a service address on the claim as being in Australia. For a start the County Court will not authorise the claim for service, never mind actually issue a default CCJ.

What I suspect has happened is a claim with a UK address has been made.

perksy

Taken from the website of the 'CCJ factory' which is Northampton County Court

The Centre will not issue any of the following types of claim –

(1) a claim against more than two defendants;
(2) a claim against two defendants where a different sum is claimed against each of them;
(3) a claim against the Crown;
(4) a claim for an amount in a foreign currency;
(5) a claim where either party is known to be a child or protected party within Part 21;
(6) a claim where the claimant is a legally assisted person within the meaning of the Legal Aid Act 1988;
(7) a claim where the defendant’s address for service as it appears on the claim form is not in England and Wales;
(8) a claim which is to be issued under Part 8.


DCA would've used a UK address to gain a CCJ normally they go for one of your previous addresses. All you need to do is apply to the court to have the CCJ set aside (effectively makes the CCJ null and void) You just need to prove to the court that you dont reside in the UK. This could be in the form of rental agreement, passport entry exit dates, employers letter, utility bill etc