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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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By checking my credit report, I just had to learn that it dropped

Resolved Question:

By checking my credit report, I just had to learn that it dropped from excellent to fair within a week, due to a court judgement of 600 £.
I had no idea about the judgement or any pending legal issue or unpaid bill at all, thus I called the court. Obviously, a summer guest (seasonal rental in France) was not happy and made a legal clam. This was sent to an address where I do not live any more since over a year. The court's letter was returned as "not deliverable", which was correct, but the claimant insisted on the wrong address, and thus the court made a judgement without me knowing anything about the affair or having the option to tell my story, and without even having been seen by a judge (Just to add this, the claim is fully unreasonable and made up, and I can not see a reasonable judge to approve it).
I am in the middle of a financing, and this judgement hurts me. Please advise what I can do to have t removed ASAP. And do I really have to pay 155 £ fees for it, when it is an inappropriate use of the law by the claimant (sending intentionally (?) to a not valid address).
In addition, I doubt that a UK court is in charge, as the property is located in France, and the contract is made in the name of my children (who live in Germany ad Canada). I just did the technical part for them.
Thank you for your advise.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Are you on benefit or a low income?
Customer: replied 2 years ago.

7 £ / hr with 40 hrs. / week

Expert:  Ash replied 2 years ago.
Ok, then you will need to apply to set aside on form n244
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
But you may be entitled to see remission. Sadly if not the cost is. £155 as that is the hearing fee. But if you apply to set aide and are successful the Ccj can be cancelled.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello Alex,

is an English court in charge at all, and why does he claims the money from me, if the property is located in France, and the owners (in whose name the rental contract was set up) are living outside the UK?

I am just helping my kids with the organisation, I am not a professional property manager.

Expert:  Ash replied 2 years ago.
I don't know, but if it's on your credit file you need to apply to set aside.
Does that help?
Alex
Customer: replied 2 years ago.

Dear Alex,

sorry, I am working shifts, and I m not always available on the Internet.

So far, you did not provide any answers that I did not already google myself before contacting you. myself.

I would really like to know if:

an English court is a charge at all when the property and the contract partners are not living / located in the UK. Remember, this judgment happened without that a judge saw the case at all (because I did not reply because the thing was sent to the wrong address).

Maybe I should just ignore it? Because as long nobody contacts me (and a Bailiff would be sent to the wrong address as well), How can I probably know. People are not expected to check their credit regularly.

And if it is so easy to get a wrong judgement, by just sending something to a wrong address, should I not just do the same thing in return claim the same amount plus lets say 1000 £ for my efforts, send it to a wrong address as well, and get a judgement against the claimant? It would be much nicer than to dispute the thing at the court.

I would really appreciate if you can come up with some more specific and creative answers that I can not find at Google myself.

Sincerely

Sabine

Expert:  Ash replied 2 years ago.
Dear Sabine, just because the answer is on Google does not mean it is not correct in law. I can answer specific questions if you have them, but I can not be 'creative' as that would be making the answers up. I shall however be pleased to answer any specific questions you have and will do so below for the ones you asked:
an English court is a charge at all when the property and the contract partners are not living / located in the UK. Remember, this judgment happened without that a judge saw the case at all (because I did not reply because the thing was sent to the wrong address). -
The UK Court CAN give Judgment if the resident is in the UK. However you can contest jurisdiction on the basis the contract was formed in another Country. if you do have a contract I am sure it says which country disputes should be governed by. It is on the basis of invalid service and/or jurisdiction can you set aside.
Maybe I should just ignore it? Because as long nobody contacts me (and a Bailiff would be sent to the wrong address as well), How can I probably know. People are not expected to check their credit regularly.
It is a matter for you - Judgments can be enforced throughout the whole of Europe. If a bailiff is sent to the wrong address and you have no forwarding address in reality it wont make a difference.
And if it is so easy to get a wrong judgement, by just sending something to a wrong address, should I not just do the same thing in return claim the same amount plus lets say 1000 £ for my efforts, send it to a wrong address as well, and get a judgement against the claimant? It would be much nicer than to dispute the thing at the court.
No you should not do this, you should apply to set aside and you can claim costs if you are successful.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex