Go Back  British Expats > Living & Moving Abroad > USA
Reload this Page >

7 days from a CCJ back in England!

7 days from a CCJ back in England!

Old Jun 2nd 2018, 4:34 pm
  #16  
BE Forum Addict
 
Guindalf's Avatar
 
Joined: Sep 2011
Posts: 2,903
Guindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

Originally Posted by zzrmark View Post
How recent would those experiences have been? Law's regarding that type of collection have been considerably strengthened in the debtors favour in the last ten years.
Despite having an internationally rare surname not one of my relatives has had door knockers demanding monies that I owed and I only ever had one in the UK ( who was told to 'do one').
None of my creditors followed me to the US, a couple of them are now pestering me to take up their latest credit card offer, maybe I should remind them how much I took them for, it might stop them sending me their junk! I'm beyond the 7 year statute of limitations which is handy for someone with a historical 999 credit rating who found themselves landed with debt over 50k in Sterling.
I find it hard to believe that anyone is going to spend time pursuing a piddly 250 quid when it'll end up costing them that in gas!
So are you offering to pay if they do? OP has already stated they have UK property and the letter says 'The total amount owed after the addition of the initial enforcement costs will be £642.25 and further substantial costs will continue to be added at the subsequent enforcement stages.'. Now this may well be scare tactics, but for the sake of 280 quid, are YOU going to step up and offer to pay of it goes tits up?

No? Didn't think so. It's easy to be big when you're relatively anonymous and posting sitting in your superman jim-jams!
Guindalf is offline  
Old Jun 2nd 2018, 7:23 pm
  #17  
BE Forum Addict
 
zzrmark's Avatar
 
Joined: Apr 2014
Location: Palmetto, Florida
Posts: 2,952
zzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond reputezzrmark has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

Originally Posted by Guindalf View Post
So are you offering to pay if they do? OP has already stated they have UK property and the letter says 'The total amount owed after the addition of the initial enforcement costs will be £642.25 and further substantial costs will continue to be added at the subsequent enforcement stages.'. Now this may well be scare tactics, but for the sake of 280 quid, are YOU going to step up and offer to pay of it goes tits up?

No? Didn't think so. It's easy to be big when you're relatively anonymous and posting sitting in your superman jim-jams!
Snarky aren't we?
If you care to read my post without jumping to premature conclusions you will note that I didn't tell the OP not to pay up. My post was in reply to some information provided by another poster, people who use CCJ's are unlikely to pursue illegal practices as those practices will come right back and bite them in the butt.
zzrmark is offline  
Old Jun 2nd 2018, 10:20 pm
  #18  
BE Forum Addict
 
Guindalf's Avatar
 
Joined: Sep 2011
Posts: 2,903
Guindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond reputeGuindalf has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

Not at all snarky.

If I read it that way, then I'm sure others did too.
Guindalf is offline  
Old Jun 3rd 2018, 1:55 am
  #19  
Forum Regular
 
PootleK's Avatar
 
Joined: Sep 2013
Location: Virginia
Posts: 75
PootleK is an unknown quantity at this point
Default Re: 7 days from a CCJ back in England!

A UK Court can not enforce a CCJ on an individual not residing in the UK at the time as the UK court has no jurisdiction over that person when they are not living in the UK. You can get the court to set aside the judgement using form N244. https://www.gov.uk/government/public...ication-notice There is a small fee of less than £100.
PootleK is offline  
Old Jun 7th 2018, 2:47 am
  #20  
Forum Regular
Thread Starter
 
catlover3's Avatar
 
Joined: Jan 2017
Posts: 111
catlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

Thanks to everyone that responded. This is still ongoing. I have contacted (emailed) the debt collectors but received no response. I imagine they don't believe me when I say I live overseas! I'm sure thats a tried and tested trick. The courts are useless and of course I have no documentation with reference numbers etc so I can't check it online on the court website.

I'll try the set aside thing (which costs £255) if all else fails!
catlover3 is offline  
Old Jun 7th 2018, 4:02 am
  #21  
BE Forum Addict
 
Joined: Dec 2013
Location: Consolacion,Cebu
Posts: 1,902
quiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

Originally Posted by catlover3 View Post
Thanks to everyone that responded. This is still ongoing. I have contacted (emailed) the debt collectors but received no response. I imagine they don't believe me when I say I live overseas! I'm sure thats a tried and tested trick. The courts are useless and of course I have no documentation with reference numbers etc so I can't check it online on the court website.

I'll try the set aside thing (which costs £255) if all else fails!
Have you called them? Do so and pay by credit card if you have no UK bank account. Emails are unlikely to be answered for a long time as they want instant payment and they are not going to call you as it costs them money!
quiltman is offline  
Old Jun 7th 2018, 4:42 pm
  #22  
Forum Regular
Thread Starter
 
catlover3's Avatar
 
Joined: Jan 2017
Posts: 111
catlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

FYI, if you are following this thread and are in a similar position - I posted this to the legal beagles forum (so helpful!). I was advised to NOT pay and to apply to have the judgment set aside. This is possible because the court has no legal authority over a non-resident of England and Wales. The fee for setting aside is the same as the monies sought but are claimable back from the claimants (and I would rather pay the court than the car hire charlatans).
catlover3 is offline  
Old Jun 7th 2018, 7:53 pm
  #23  
BE Forum Addict
 
Anian's Avatar
 
Joined: Feb 2011
Location: WA state
Posts: 2,832
Anian has a reputation beyond reputeAnian has a reputation beyond reputeAnian has a reputation beyond reputeAnian has a reputation beyond reputeAnian has a reputation beyond reputeAnian has a reputation beyond reputeAnian has a reputation beyond reputeAnian has a reputation beyond reputeAnian has a reputation beyond reputeAnian has a reputation beyond reputeAnian has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

I have this occasional fear that there is some debt I don't know about in the UK that will come back to bite me somehow. I mostly blame this on the gas bills I received after leaving the country that alternately told me I owed nothing and owed 13 quid. The last one I got said I owed nothing, so I assume they sorted it out, but the fear still lingers that there are others.
Anian is offline  
Old Jun 7th 2018, 8:14 pm
  #24  
Concierge
 
spouse of scouse's Avatar
 
Joined: Jan 2013
Location: Western Australia
Posts: 16,977
spouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

Originally Posted by catlover3 View Post
FYI, if you are following this thread and are in a similar position - I posted this to the legal beagles forum (so helpful!). I was advised to NOT pay and to apply to have the judgment set aside. This is possible because the court has no legal authority over a non-resident of England and Wales. The fee for setting aside is the same as the monies sought but are claimable back from the claimants (and I would rather pay the court than the car hire charlatans).
But if the OP applied to have the judgement set aside, he'd have to provide his current address on the application form. I don't think having a judgement set aside cancels the debt, doesn't it just go back to the claim stage, and presumably the company chasing their money would now have the OP's address?
spouse of scouse is offline  
Old Jun 8th 2018, 12:09 pm
  #25  
Forum Regular
Thread Starter
 
catlover3's Avatar
 
Joined: Jan 2017
Posts: 111
catlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

I don’t have a problem with supplying my address as I’d rather contest the claim. I don’t believe it is justified. In any case as the court has no jurisdiction outside the UK (well, England and Wales), I can’t see this going much further. I’ll update if/when it is resolved.
catlover3 is offline  
Old Jun 8th 2018, 3:57 pm
  #26  
Forum Regular
 
AndyMan74's Avatar
 
Joined: Feb 2016
Location: Tampa FL
Posts: 173
AndyMan74 has a reputation beyond reputeAndyMan74 has a reputation beyond reputeAndyMan74 has a reputation beyond reputeAndyMan74 has a reputation beyond reputeAndyMan74 has a reputation beyond reputeAndyMan74 has a reputation beyond reputeAndyMan74 has a reputation beyond reputeAndyMan74 has a reputation beyond reputeAndyMan74 has a reputation beyond reputeAndyMan74 has a reputation beyond reputeAndyMan74 has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

Originally Posted by catlover3 View Post
I don’t have a problem with supplying my address as I’d rather contest the claim. I don’t believe it is justified. In any case as the court has no jurisdiction outside the UK (well, England and Wales), I can’t see this going much further. I’ll update if/when it is resolved.
They are not going to chase you abroad for such a low amount. It's my understanding that the worse thing will be a BIg red mark against your credit rating but there would always be a chance of a big fat debt waiting for you when you return. Also some have said they will harass family members etc...this is HIGHLY illegal and should be reported to the police. The only person liable is the person named on the debt unless someone was unlucky enough to co-sign the loan then its a big DOH!.

Last edited by AndyMan74; Jun 8th 2018 at 5:41 pm.
AndyMan74 is offline  
Old Jun 8th 2018, 5:53 pm
  #27  
BE Forum Addict
 
Joined: Feb 2010
Location: Temecula, CA
Posts: 4,759
GeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

Originally Posted by AndyMan74 View Post
They are not going to chase you abroad for such a low amount.
I wouldn't put anything past debt collectors - costs virtually nothing to send a Very Important Letter With Big Words and Costly Deadlines, and no doubt it sometimes works. But if OP genuinely believes there is nothing to pay then it similarly costs virtually nothing to tell them to royally FRO. Keep a paper trail, send by recorded/registered delivery, and never talk on the phone.
GeoffM is offline  
Old Jun 11th 2018, 3:59 pm
  #28  
BE Enthusiast
 
Joined: Feb 2017
Location: Newnan, GA
Posts: 570
robtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond reputerobtuck has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

I might be missing something, but doesn't the original post state it was a threat of a CCJ, meaning not yet applied to the Courts? If so, you should be able to get ahead of any action. The Debt Collector will not care about the reason behind the claim, they will pass you back to the originator who they will then expect to here from to call off the hounds or not, as they may decide. if it does go to a point where they actually do apply for a CCJ, you can still provide a response to their claim in court without being in attendance anyway, even allowing for the fact they have no right to apply for a CCJ given current residency. Given the story as outlined, it would be interesting to see if the Court would even award a judgement in favour of the Det Collection Agency.

I haven't researched it, but given their is an ongoing dispute, I'd be amazed if the Courts would allow the punitive cares to be added.
robtuck is offline  
Old Jun 11th 2018, 5:43 pm
  #29  
Forum Regular
Thread Starter
 
catlover3's Avatar
 
Joined: Jan 2017
Posts: 111
catlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond reputecatlover3 has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

No, the CCJ was already awarded but the defendant has 28 days to pay before it is lodged by the court (although the debt collectors said 7 days).
catlover3 is offline  
Old Jun 11th 2018, 5:44 pm
  #30  
Lost in BE Cyberspace
 
mrken30's Avatar
 
Joined: Jul 2008
Location: Portlandia Metro
Posts: 7,358
mrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond repute
Default Re: 7 days from a CCJ back in England!

Are the debt collectors licensed in your State? If not that have no authority to collect the debt and you can make a complaint with the FTC. I have done this and one report lead to arrest of the debt collector. The other option if you want to contest, might be worth looking at is calling the courts or CAB in the UK.
mrken30 is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.