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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I HAVE LIVED ABROAD FOR MANY YEARS. I OWN A BUY TO LET IN ENGLAND

Resolved Question:

I HAVE LIVED ABROAD FOR MANY YEARS. I OWN A BUY TO LET IN ENGLAND BUT DO NOT LIVE THERE. IN EARLY MAY MY TENANT HAD A COUNTY COURT CLAIM FORM IN MY NAME. SHE RANG THE SOLICITORS AND EXPLAINED I DO NOT LIVE THERE. THEY SAID NO MORE DOCUMENTS WOULD BE SENT. SHE RETURNED THE CLAIM FORM TO THE COURT WITH A COVERING NOTE.
I HAVE EXPERIAN ALERTS SET UP FOR THIS BUY TO LET HOUSE, WHICH I DID AFTER A BAD TENANT 2006-2008.
ON 23 JULY I RECEIVED AN EXPERIAN ALERT STATING I HAD A COUNTY COURT JUDGMENT AGAINST ME.
I RANG THE COURT AND THEY GAVE ME THE SOLICITORS DETAILS.
I RANG THE SOLICITORS AND THEY DID NOT RECOGNISE THE ADDRESS I GAVE(BUY TO LET) AND ADMITTED SENDING THE DOCUMENTS TO ANOTHER ADDRESS, WHICH THEY WOULD NOT GIVE ME. HOWEVER , THEY SAID THE CLAIM WAS FOR A DEBT COLLECTION COMPANY WHO HAD BOUGHT A DEBT FROM HBOS.
THEY SAID THE DEBT DEFAULTED IN 2005.
I DO NOT RECOGNISE THE DEBT AND HAVE BEEN ABROAD FOR MANY YEARS.
THE COURT TOLD ME TO SEND IN AN N244 TO ASK FOR THE JUDGEMENT TO BE SET ASIDE.
MY QUESTIONS ARE:-
1.CAN A CLAIM OF THIS SORT BE MADE AFTER 9 YEARS?
THE SOLICITORS REFUSE TO SENT DOCUMENTS ABROAD. BUT SAID THEY WOULD DO SO BY EMAIL, OR, IF NOT, THEY SAID I SHOULD USE A FRIEND OR RELATIVE'S ADDRESS IN THE UK.
2. SHOULD THEY SEND DOCUMENTS ABROAD?
3. I DO NOT WISH TO IMPOSE BY USING FRIEND OR RELATIVES ADDRESSES, CAN I BE FORCED TO?
4. ARE EMAIL DOCUMENTS PERMITTED?
5. ON THE FORM N244 SHOULD I PUT THE FOREIGN ADDRESS? COURT HELP DESK STAFF SAID THEY DID NOT THINK THE COURT WOULD SENT DOCUMENTS ABROAD.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this

Alex Watts :

1.CAN A CLAIM OF THIS SORT BE MADE AFTER 9 YEARS? - If you have not ackowledged or paid the debt in the last 6 years then the debt is statue barred, that means no claim can be made.

Alex Watts :

BUT SAID THEY WOULD DO SO BY EMAIL, - You do not have to accept service of documents by email

Alex Watts :

2. SHOULD THEY SEND DOCUMENTS ABROAD? - Yes. There are Court rules that permit documents to be served (posted) abroad

Alex Watts :

3. I DO NOT WISH TO IMPOSE BY USING FRIEND OR RELATIVES ADDRESSES, CAN I BE FORCED TO? - No. Service of documents can be at any address which you wish.

Alex Watts :

4. ARE EMAIL DOCUMENTS PERMITTED? - If you are willing to accept service by email the yes.

Alex Watts :

5. ON THE FORM N244 SHOULD I PUT THE FOREIGN ADDRESS? - Yes. But you need to be aware if you are applying to set aside there WILL be a hearing. You can ask for a telephone hearing so that do you not need to physically attend.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Yes, please clarify answer to 1.

Customer:

yes, please clarify answer 1.

Alex Watts :

If a debt has not been paid or acknowledged in the 6 years proceeding the issue of a claim, it is statue barred. That means out of time, can't make a claim, its dead.

Alex Watts :

Does that clarify?

Customer:

yes please clarify answer 1. I have not acknowleged or paid the debt in the last 6 years so why has the debt collection agency been able to get a county court judgment? Do I still need to send in form N244 and request a telephone hearing?

Alex Watts :

Yes you do

Alex Watts :

You need to apply to set aside on the basis it was statue barred

Alex Watts :

But either 2 things need to happen

Alex Watts :

1) You need to attend the Judgment set aside hearing (which is hard as you live abroad)

Alex Watts :

2) or ask for it by telephone

Alex Watts :

Does that clarify?

Customer:

so, in filling in N244, should I put that. 1. It is statute barred as not acknowledged since 2005 and 2. documents were sent to an address which the solicitor will not provide to me. 3.How do I request a telephone hearing? I will be putting the foreign address on the form N244. Thank you

Alex Watts :

There is a box on form N244 to tick - by telephone hearing

Alex Watts :

Does that help?

Customer:

partly, do I state that it is statute barred in box 3 on N244, and also in box 10?

Alex Watts :

Box 3

Alex Watts :

1) Judgment set aside because the debt is statute barred

Alex Watts :

Box 10

Alex Watts :

You put here when the last payment or ackowledgement was and say it is statute barred.

Alex Watts :

Does that clarify?

Customer:

the lawyer has told me over the phone that last payment was in 2005, should I ask them to give me that in writing so that I can put it in box 10 of N244 (information I am relying on in support of the application to set the judgment aside)?

Alex Watts :

I would put it was in 2005. Dont delay in making the application

Alex Watts :

They would be required to show it was not in 2005

Alex Watts :

Does that help?

Customer:

Yes. Really grateful. Feel much better now.

Customer:

Thank you Alex

Alex Watts :

Great. If I could invite you to rate my answer before you leave today please.

Alex Watts :

If the system wont let you or you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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