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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've received a County Court Claim Form addressed to my sister

Resolved Question:

I've received a County Court Claim Form addressed to my sister who now lives overseas. What should I do, and what is her position? Can they still chase her for the alleged debt? Can they still apply for default judgment?
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 :

You should send the form back saying that she now lives overseas and give the address.

Alex Watts :

If you do not give the overseas address then yes, they can get Judgment in default.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi Alex. Why would they be able to request default judgment when she has not had the claim form served on her? I don't talk much to her either, so doubt I'd be able to let her know about this in time. I'm guessing they've sent it here as she lived here many years ago, but hasn't now for a good few years.

Alex Watts :

Because the rules state they can serve at the last known address. That is enough to get a default Judgment which is why you must reply with the overseas address

Alex Watts :

If you do not they can get Judgment in default.

Customer:

Can they serve on her overseas? It relates to a CCA debt which she probably doesn't even know about being outstanding.

Alex Watts :

Yes they can serve overseas

Customer:

Ok, so what is her position?

Customer:

How can she contest if she doesnt live in the UK anymore?

Alex Watts :

She can defend any claim or contest jurisdiction if she lives overseas

Alex Watts :

She can contest by filing a defence. She my have to come back to the UK if there is a trial

Alex Watts :

But if she does not have any assets here and does not intend on coming back, she doesnt need to do anything

Alex Watts :

Its unlikely to be enforced overseas

Customer:

Okay, that clarification helps. Thank you.

Alex Watts :

Can I clarify anything else for you?

Customer:

Can they still chase her for the debt if its under the CCA, and she hasn't received a default notice? Does the same service rules apply (ie to last known address)

Alex Watts :

Yes the same rules apply. If they have sent the default notice and she has not received it because of living abroad, its still classed as served.

Customer:

okay, thank you.

Alex Watts :

Can I clarify anything else for you today?

Customer:

No, I don't think so.

Alex Watts :

Can I help with anything else today?

Customer:

No thanks, Alex.

Alex Watts :

Great. If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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