CCJ issued from abroad

thegriffen

Hi All,

I have received a CCJ from my mother. I can't say I am surprised as it's Christmas and I wasn't expecting a card. However, I do intend to contest it, but I want to be sure I am making a valid argument.

Firstly, I have lived in Spain for some time. I moved back to the UK with my partner and children after we could no longer stand my mum's continuous attempts to disrupt our relationship. She had also pursued us for non-financial reasons in the Spanish courts, so we successfully applied for access to move abroad to be sure we were not going against any legal requirements.

She is looking for over 2000 GBP, but I have some issues.

1. She still lives in Spain, but she has issued the claim from a UK address (her sister).
2. She is claiming for 2 months rent which my father actually gave us to help us get on our feet and no mention of payment terms was made.
3. She is claiming for an old car that my dad was given, and subsequently he gave to us. It had a value of ~300 euros. We traded this car in for a new one 2 years ago and nothing was ever said about us paying for this car. We again assumed it was a lovely gesture.
4. She is also claiming interest.

I know that after so much time of not contacting us that this is an attempt to damage our Christmas. You might have to take my word on that, but it's a pattern of behaviour.

All I want to know is if I am approaching contesting on the above grounds in the right manner.

Many thanks,

T

macman

Unless your mum is a judge, she hasn't sent you a CCJ. She has issued proceedings against you in the county court for a civil claim. Assuming that she is resident in Spain, do you think it even likely that she will turn up in the UK to pursue this claim, or is it simply a method of trying to encourage you to settle out of court?
What evidence is she intending to submit to support her claim? There doesn't appear to be much based on your account. Is there evidence that you were asked to pay for the car or rent? How long ago was this? In what capacity is she now claiming money allegedly owed to your father-is he deceased?
To answer two of your questions: yes she can submit a claim in the UK if she is resident in Spain and yes, she can claim interest.

thegriffen

Thanks macman.

I don't think the claim is based on a need for money. She can be quite vicious. However, that is my opinion.

Also, no there is no evidence. We agreed neither verbally nor on paper any kind of repayment.

One thing I was unsure of is that she has issued it from a UK address and the money is claiming is all from when we lived in Spain (e.g. it would have been Euros). Would she not have to put her own address on the claim?

fatbelly

I don't think the address is fatal to the claim.

Obviously defend it and try to get it to a hearing.

poppasmurf_bewdley

Is a claim for a debt incurred in Spain, in a foreign currency, valid in an English court?

Thrugelmir

File a defence. Easiest way of stalling is to ask for documentary proof of the claim. Respond point by point. Factually only. As anyone can make spurious claims. A court isn't going to make a decision on hearsay.

thegriffen

I will be contesting this as there is nothing documented because it is not true.

Is it worth mentioning that she took us to court previously in Spain for a different matter? Because she was costing us so much money and constantly applying pressure, we successfully obtained permission to return to the UK. I'm not sure it would have any weight.

The reason I ask is that she is now, 3 years on and after 18 months of not speaking to us, filing for this money. There is a pattern of behaviour where she tries to create trouble on special ocasions such as birthdays, or in this case, Christmas.

Finally, I know that she left the UK with over 30, 000 pounds worth of debt and never repaid it. Is this worth mentioning to damage her credibility? I want to ensure that my defence is strong without sounding vindictive.

MEM62

thegriffen wrote: »

I will be contesting this as there is nothing documented because it is not true. Then defend it on that basis

Is it worth mentioning that she took us to court previously in Spain for a different matter? Because she was costing us so much money and constantly applying pressure, we successfully obtained permission to return to the UK. I'm not sure it would have any weight. Irrelevant

The reason I ask is that she is now, 3 years on and after 18 months of not speaking to us, filing for this money. There is a pattern of behaviour where she tries to create trouble on special ocasions such as birthdays, or in this case, Christmas.

Finally, I know that she left the UK with over 30, 000 pounds worth of debt and never repaid it. Is this worth mentioning to damage her credibility? No, again irrelevant I want to ensure that my defence is strong without sounding vindictive.

You defend the case on the facts and merits of the case - not on a protracted history of your relationship with your mother. You owe the money or you don't. Introducing all these irrelevant facts is unlikely to encourage the Judge to be sympathetic to your cause.

thegriffen

Ok, thank you, I'll keep it simple.