Hello my name is ***** ***** I will help you with this.
You should send the form back saying that she now lives overseas and give the address.
If you do not give the overseas address then yes, they can get Judgment in default.
Can I clarify anything for you about this today please?
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.
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
If you do not they can get Judgment in default.
Can they serve on her overseas? It relates to a CCA debt which she probably doesn't even know about being outstanding.
Yes they can serve overseas
Ok, so what is her position?
How can she contest if she doesnt live in the UK anymore?
She can defend any claim or contest jurisdiction if she lives overseas
She can contest by filing a defence. She my have to come back to the UK if there is a trial
But if she does not have any assets here and does not intend on coming back, she doesnt need to do anything
Its unlikely to be enforced overseas
Okay, that clarification helps. Thank you.
Can I clarify anything else for you?
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)
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.
okay, thank you.
Can I clarify anything else for you today?
No, I don't think so.
Can I help with anything else today?
No thanks, Alex.
Great. If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen
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