CCJ issued from the UK

BigAl94

Rather than worry about whether or not it's enforceable, the bottom line is you have a debt which you appear to acknowledge and you should waste no further time in coming to an arrangement with your creditor to clear it over a period of time.

antrobus

The CCJ Bulk Centre is in Northampton.

Certainly a CCJ issued from Northampton can be enforced in Northern Ireland - http://www.moneyclaimsuk.co.uk/post-judgment-enforcement.aspx

But whether or not a court in England and Wales would have jurisidiction to issue a CCJ against a NI resident would be another question. And I don't really know the answer to that question.

leolion2177

Hi Guys

Thanks for the info.

To those asking - yes i acknowledge the debt completely - what I am not sure of is how you can go from some phone calls about late payment straight to a CCJ with no options or correspondence inbetween!

wriggly

What is it that you have actually received? Is it actually notification of a county court judgement against you, or is it the county court claim form?

leolion2177

Its a "General Form of Judgement or Order" stating that

IT IS ORDERED THAT
1. The claimant do recover against the defendant the sum of
(insert all costs etc here)

2. The stay applied to these proceedings is lifted

3. The defendant pay the claimant the sum mentioned above forthwith.

Cheers

RikM

antrobus wrote: »

The CCJ Bulk Centre is in Northampton.

Certainly a CCJ issued from Northampton can be enforced in Northern Ireland - http://www.moneyclaimsuk.co.uk/post-judgment-enforcement.aspx

But whether or not a court in England and Wales would have jurisidiction to issue a CCJ against a NI resident would be another question. And I don't really know the answer to that question.

Um, well the information on that link applies to a situation where a debtor has moved to NI so presumably the original CCJ was issued against an English address in that case...

But if the debt is acknowledged (and it seems to be) then it's probably best to contact the creditor to arrange payment terms. The incorrect issuing of a CCJ through Northampton could be ammunition in that process.

antrobus

RikM wrote: »

Um, well the information on that link applies to a situation where a debtor has moved to NI so presumably the original CCJ was issued against an English address in that case...

Yes, the information on that link relates to the enforcement of E&W CCJs in NI, but doesn't answer the question regarding jurisdiction.

Thinking about it, as a general rule, most standard contracts feature a jurisdiction clause, which specifies which national court will deal with disputes. So I imagine it is quite common for NI residents to sign contracts where they have already agreed to submit to the jurisdiction of E&W courts.

However, it seems that the European Court of Justice have ruled that it courts have an obligation to assess the fairness of jurisdiction clauses i.e. it could well be construed to be a unfair term to force a NI resident to travel all the way to Northampton to defend a claim for (say) £30.

http://www.out-law.com/page-11564

RikM wrote: »

But if the debt is acknowledged (and it seems to be) then it's probably best to contact the creditor to arrange payment terms. The incorrect issuing of a CCJ through Northampton could be ammunition in that process.

Good advice.

Milko

Or pay the bills