Set Aside whilst living abroad?

debaur

I have found out I have received a CCJ a year ago but moved abroad approx 2 years ago.
I will apply for a set aside. Can I put my Portuguese address on the N224 form?

[Deleted User]

What’s your reason for the set aside?

You not updating your creditors you moved is not a viable reason

fatbelly

It's an N244

If that's your address, I guess that's what you put.

Would this be more appropriate on the debt-free wannabe board?

ciderboy2009

Your Portuguese address will be fine - the court will allow extra time for service of documents t you as you are abroad.

I assume you realise that you will be expected to attend the hearing of your application in person?

You may also find that, due to your location, the judge directs that, should the set aside be successful, the heaing of the case will follow immediately. I would therefore make sure that your defence is complete (you should file a copy as part of your set-aside application anyway).

Just_Di

ciderboy2009 wrote: »

you will be expected to attend the hearing of your application in person?

You may also find that, due to your location, the judge directs that, should the set aside be successful, the heaing of the case will follow immediately. I would therefore make sure that your defence is complete (you should file a copy as part of your set-aside application anyway).

The OP can ask for the set-aside Application to be dealt with on paper (i.e. without a Hearing) or they can instruct a legal representative to attend the hearing on their behalf.

It's likely that if the OP's Application is successful the DJ would make an Order for the set aside which includes Directions for the Applicant (the OP) to file a Defence to the original claim within 14 days, and the Judgment Creditor/Claimant to Reply to the Defence within another 14 days.

The original claim (if set-aside) will not be heard on the same day.

Directions may also include dates for Witness Statements to be exchanged depending on whether the claim is allocated to the Small Claims Track or the Fast Track.

Di

Just_Di

debaur wrote: »

I have found out I have received a CCJ a year ago but moved abroad approx 2 years ago.

What was the original claim for and how much was the amount claimed?

Was it a debt such as a credit card, personal loan, bank overdraft, car HP/lease finance, catalogue account or a utility bill etc?

Is/was the Claimant the original creditor or had the debt been assigned to a debt purchaser?

When did you last make a payment to anyone in respect of this debt?

Di

debaur

This is my N244 application, and offers of advice will be heartily appreciated - no bullies or judgementalist need proffer thank you!

(Which of these boxes would I tick please on the N244 please as I am including my defence?
....the attached witness statement?
....the statement of case?
....the evidence set out in the box below?)

Thank you very much -Merry Xmas! :beer:

I am XXXXX and I am the Defendant in this matter.
This my supporting Statement in support of my application dated ………… to:

· Set aside the Default Judgement dated ………… as it was not properly served at my current address;

· Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;

· Order for the original claim to be dismissed, or to be re-heard at a new hearing

(Witness Statement ?)
1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on X August 2017 in the amount of Court Judgment of £X,XXX.
However, this claim form had not been served at my current address and I thus was not aware of the Default Judgement until checked my credit file in December 2018 as I had decided to apply for a new credit arrangement in the UK.

1.2 I understand that this Judgement was served at an old rented address: XXXXXXXXXX. However, I moved to a new address in February 2017. My new address being in Portugal at :XXXXXXXXX

1.3. At the time of the County Court Judgement, I was registered at the new address for council tax, banking and bills and I enclose documents to prove this. Although this new address is in Portugal, I believe it is still unfair to have a judgment served on me which I had no knowledge of.

1.4. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s current and correct contact details. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; “better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent.” He added:
"It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address."

1.5 I have responded straight away to the discovery of the Judgement against me.

1.6. Considering the above, I was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.


(Draft Defence?)
2. Order dismissing the Claim
2.1. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:

2.2. I have no idea who XXXXXX (the defendant – a debt collection agency) is. I have made several requests for a copy of any contract or agreement that they claim to have with me, however they have not supplied me with any further information.

2.3. I have not received any previous documentation from the Claimant in this matter. Any contract must have offer, acceptance and consideration both ways.

2.4 On this basis, I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

2.5. In order to make informed decisions and statements in my defence, I will require any copies of all paperwork and pictures of all signs from the Claimant.

2.6 I am requesting that there be no hearing because I live in Portugal and therefore attending a hearing in person would not be viable at this point.


Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
Full name:
Dated:
Signed

Sncjw

Good luck with that. As others have said they would serve the documents to the last known address so I don’t see how they have incorrectly served you

DCFC79

Does 1.1 say you were looking at applying for a new credit card ?

Your not a resident as you live in Portugal.

I wish you all the luck in getting it set aside. Why not just pay whats owed.

System

· Set aside the Default Judgement dated ………… as it was not properly served at my current address;

By law they only have to serve notice to the last address they have on file for you. If you did not update them with your new address when you moved then they have done nothing wrong and there will be no set aside. They don't have to go searching for you in the UK and most certainly do not have to go looking for you in another country.

[Deleted User]

You not updating your creditors with your current address is not grounds for a set aside.

You should have made sure all your contact details were updated before you moved away.

It’s not their job to waste time chasing you down when you can be bothered to update them.

Point 1.3 - you feel it unfair to have a debt you had no knowledge of. Well update your address then.

Point 1.4 - this is just a sob story really. People should keep their creditors updated.

As for point 1.5 - you haven’t responded straight away on discovery of the CCJ - that would have been when it was issued and served to the correct address when you updated your creditors before moving.

Point 1.6 - it has been correctly served.

As others have said above - if you’re a resident elsewhere not in the UK why did you think you could apply for a uk credit card? What address would you have provided for documentation etc to be sent to?