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Set Aside whilst living abroad?
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The court may take the view that the debt owner (Claimant) should carry out due diligence before issuing a claim. Such things as check the debtor's CRA file to see if they are on the Electoral Roll and/or have any other file entries at the address (bank account, credit card etc).
The OP can check their CRA file to see if Cabot made a search prior to the claim being issued. Searches remain on the file for two years.
The CRA file may also show if the old rented address (when the claim was served) is linked to a subsequent address.
If the OP can demonstrate with evidence that they were living elsewhere (abroad) then under CPR 13.2 a set aside is mandatory not discretionary >
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2
Di
If the OP can demonstrate with evidence that they were living elsewhere (abroad) then under CPR 13.2 a set aside is mandatory not discretionary >
Di, forgive me please, but I can't seem to find the phrasing under CPR 13.2, or the referred to, that supports this?0 -
Everything from that Daily Fail article still stands.
The examples they used were again down to people not updating their address details then they moved or setting up a mail redirect.0 -
Nothing under 13.2 states that the claimant has not updated their creditors and moved elsewhere therefore it’s ok to get it set-aside.0
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Everything from that Daily Fail article still stands.
The examples they used were again down to people not updating their address details then they moved or setting up a mail redirect.
yes , and a company can issue court papers for upto 6 yrs , whilst the max time for mail redirect is 2 yrs
do you see a problem here ?
company can issue court papers for upto 6 yrs
example , you finish phone/internet contract with company as they cannot provide at your new house , you pay final bill , BUT they find some spurious charge , and do not tell you , mail redirect for 2 yrs then the likes of lowells start court action 5 yrs and 6 mths later
and in most cases internet company delete your email address as you are no longer with them0 -
This is where a bit of initiative and forward thinking comes in - something that seems to completely befall today’s generation.
Ask if there are further charges.
Update your forwarding address.
Don’t use ISP provided email services.
Etc.0 -
umm , in this case i moved to new address and used same supplier , however all mail was sent to old address
https://forums.moneysavingexpert.com/discussion/5884390/eon-lowell-ombudsman-update
NOTHING was posted to new address , and they knew I had moved and knew I was still a customer of them
I had no outstanding credit WITH ANY company at the old address , hell the BLOODY account was a pay as you go credit meter!
due diligence , my !!!0 -
This is where a bit of initiative and forward thinking comes in - something that seems to completely befall today’s generation.
Ask if there are further charges.
Update your forwarding address.
Don’t use ISP provided email services.
Etc.
@!!!
I would really prefer you to stop commenting. You are adding nothing but an attitude.0 -
Adding nothing but truth and moral you mean.
As for the energy account - your old account was registered to your old address. That was the address listed on the account.
If you didn’t update the address for that particular account, regardless of having an account at a new address then mail will still go to that old address for that account.0 -
No, I mean your posts are pretty offensive and offer no value.0
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Adding nothing but truth and moral you mean.
As for the energy account - your old account was registered to your old address. That was the address listed on the account.
If you didn’t update the address for that particular account, regardless of having an account at a new address then mail will still go to that old address for that account.
!!!!!!
i informed them that i was moving , gave them meter readings , and they supplied me at new address what could be more clearer than that0
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