CCJ applied without my knowledge

Arleen

Do you have that in writing that the bill was wrong? And did you close your account before moving?

Guest101

Lynneyy wrote: »

Hi everyone, thank you for all your comments.

The bill was disputed because it was wrong, vodafone agreed that it would be amended. I then moved to Dubai (which I told them at the time) and also gave my forwarding Dubai address, bearing in mind my mum moved into my UK address where the bills were sent too - so all mail sent to me was kept by my mum and forwarded to me in Dubai.

There was never any letters from Vodafone or a debt collection agency. Trust me, my mum would have went bananas.

Re the CCJ - I live in Glasgow, the CCJ was applied at a court in Manchester in June 2015. I moved back from Dubai in 2014 to my previous address that the mobile bill was against in Glasgow. I only knew about the CCJ when I got refused credit, so got my experian credit report. Lowell/BW Legal bought over it in 2014 and had the CCJ applied in June 2015.

So I did not 'just simply move away and hope the debt would disappear' - @SEATBELTNOOB

I've never had any debts that I haven't paid.

Hold on, can you be sued in English courts with a Scottish address. Given you are the consumer it should be your local court.


- A CCJ isn't 'applied' you have to lose in court.

MrsTinks

Firstly all - remember to be nice to all money savers Especially newbies who come here asking for help!

Lynneyy - if you are certain that there was 6 years (I'm erring on the side of caution) between the last payment/default/dispute - and when they started to seek your CCJ - WHICH it sounds like there is - then you should be looking at seeking to get it set aside.

There is a charge for this and it's all a little more complex - but you starting to repay this doesn't greatly matter. In fact you need to keep doing that until the CCJ is set aside I believe.

The folks on the DFW board might be slightly more up on CCJs and set aside rules so could be worth asking the BGs to move your thread over there

sourcrates

Ok,

A little clarity is needed here.

The limitations period in Scotland is 5 years, the OP lived in Scotland, therefore Scottish law should apply, and its quite likely the debt was statute barred before Lowell bought it.

Cutting across every other argument here, this is the angle you should take with this.

Apply for a set aside on the basis the debt was statue barred and should be extinguished.

That puts it firmly with the judge to make the decision.

fatbelly

You have a defence with a real prospect of success. The debt was 'extinguished' some time around 2012/2013

You should apply for set-aside and demand a refund of payments made

https://www.nationaldebtline.org/S/factsheets/Pages/23%20SCOT%20Time%20limits%20for%20recovering%20debts/Default.aspx

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

Westminster

Heng_Leng wrote: »

You talk rubbish - there is no UK court system to begin with.

Have a look on google, here is an example.

Here is an excerpt from that site:

According to Gill Hankey of the Bankruptcy Advisor Service, “If the debtor’s centre of main interest is in England, a debt in Dubai/UAE may be included in their bankruptcy petition.”

If the debt is being chased by a UK agency, the borrower can just include them in an IVA or DMP, and payments go to them just as it does in an IVA or DMP as the debt is being chased here in the UK. (We need to keep in mind that a DMP/Debt Management Plan is an informal repayment arrangement, and not binding to a creditor or collector, where as an IVA is binding).

Even if a debt has yet to be chased here in the UK, and the debt originates from the UAE or elsewhere, it can be included in the IVA. There are provisions for the IP to send payment, in Sterling, to the UAE or other country’s bank. It is the bank’s responsibility to convert the Sterling to their currency.

UAE debts can as we know be included in bankruptcy, if they are being collected in the UK, and even if they are not being collected in the UK.

- See more at: https://www.buddyloans.com/blog/returning-to-the-uk-with-debts-outside-the-uk/#sthash.vIPTblAd.dpuf