Arena Shopping Centre - Court Defence

NewJoiner

Dear Forum Members,
Back in 2019 I posted my case PCN details and followed your guidance (Arena Shopping Centre 1/7/2019). Since than I have lost the POPLA appeal and been getting the letters from various collectors. Two years later (last week) I have received the court claim form. I looked at the guidance of how to respond but have one question - about 2 years ago I have relocate to the US and not sure if I should contest jurisdiction in the AOS form. Your support is much appreciated. Thanks. 

D_P_Dance

Have you read this?

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part11

NewJoiner

Thanks for that D_P_Dance, I wasn't sure if I should contest or not as it all happened while I was still living in the UK. Is anyone familiar with a similar case where the defendant moved abroad?

Le_Kirk

How did you receive the court claim form?  By post?  How did they know your address?  You could write to the PPC (and the CCBC) and give them your address for service in the US.  Are you there permanently?

Coupon-mad

You could contest jurisdiction, costs the price of an application.  We really wish you'd given the legal firm your new address in the US earlier!

NewJoiner

Thank you Le_Kirk & Coupon-mad.
To answer your questions:
I have post forwarding to an address in the UK and been getting letters once in a while. I have moved 3 address in the past 2 years and yes now I'm permanently here.
I didn't think that I need to share with them the US address and unfortunately with the pandemic and all the changes I was doing I didn't give it much attention. Not sure how all of that impacts my chances or what are the best steps forward but thank you for your guidance and support.

Le_Kirk

If you are permanently outside the jurisdiction of the UK courts, they will likely drop it - unless they want to try it in a US court.

NewJoiner

Thanks for that, I hope they will. Do you I still need to write the defense if I am disputing the jurisdiction?

Coupon-mad

No if you contest jurisdiction you do that INSTEAD of acknowledging the claim but it will cost you a 3 figure application fee.

So you may prefer to defend it?

NewJoiner

I was looking online and couldn't find the application fee. If I do the AOS but dispute jurisdiction, at what stage do I need to apply? I can try and defend and hopefully your information will help.

Coupon-mad

If I do the AOS but dispute jurisdiction, 

I believe you can't do both, as I said already.