How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3994
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

I need legal advice, please. I had a credit card with

Customer Question

I need legal advice, please.
I had a credit card with Barclaycard previously with a balance over £13,000 and I was making a minimum payment until it got sold to a debt collection company. I was living in England when I had the credit card. unfortunately, I moved to Scotland and I was unaware that Barclaycard had not updated my address.
The debt collection agency later took me to county business court in Northampton saying that I have not made payment. They said that they were contacting my previous address but no response because I do not live there. however, I did not receive any post from them. my previous landlord contacted me saying that I have a letter from the court which he posted to me in Scotland. I was given days to respond to the court and I told the court that my address is in Scotland and not England. I also sent out my prove of address to them. I later admitted to part of the claim without the court fees added on it. However, when I contacted the court again, the court staff said I should apply to STRIKE OUT THE CLAIM because I do not live in England. I later applied to strike out the claim and I did this without hearing and paid £100.
The District judge has transferred the case to the claimant local court in Bromley county court and the judgment says;
it is ordered that:
"1 the application to strike out the claim must be heard on notice to the claimant
2 the claim be transferred to the claimant's local county court hearing centre
please note that now the deputy district judge has requested that this application be dealt with a hearing a further fee of £155 is required from the defendant to be payable at Bromley county court hearing centre
note: you must within 7 days of the service of this order, apply to the court to set aside or vary the order under part 23 rule 10. you must file with the court and serve on other parties, an application that sets out your reasons for objection. A fee is payable upon the filing of the application. when your objection is received the matter will be listed for hearing unless you ask the court to vary the order without a hearing."
Finally, I have spoken to the debt collection company that I want to deal with them directly but they are insisting that it's in the court proceeding, also they know I accepted part of the claim and was willing to pay an arrangement every month but right now they said since I want to strike the claim then it is out of their hands. the debt collection company said I should contact the Bromley court and ask for TOMBLIN court order
My question: Can Bromley county court file a judgement against me while I live in Scotland
2 why would the county court business centre transfer the case to Bromley county court
3) does striking out the claim involves not dealing with the debt collection again
4) I do not want to have a CCJ on my record as I am about to apply for my British passport, How do I avoid the CCJ and how do I deal with the debt collection company
5) what does striking out a claim involves? and does Bromley county court has jurisdiction
6) if a hearing is fixed and sent out to me, can I defend it and say I can't attend as it is not Scotland or what do I do.
summary,
I do not want to have a CCJ, how do I avoid this, please?
Thanks
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

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

Just so I can clear, what is your defence?

Customer: replied 10 months ago.
I do not have the additional £44 now. Can you reduce your price, please? I have mapped out my questions.The defence I sent to county business court was
1 my current prove of address.
2. A letter of apology from Barclaycard
3 I did not receive any correspondent from the debt collection agency under the S136 Law of property Act 1925.Could you please advice me on those question I listed previously, please?
Thank youJunior
Customer: replied 10 months ago.
see attached
Expert:  Jamie-Law replied 10 months ago.

1) Yes. Scotland is within the U.K. and Eu so they can enter judgment against you,

2) I assume you used to live there which is why it was transferred there

3) You would deal with the solicitor who brought the strike out claim, it will be on the application notice.

4) You could agree a repayment plan or come to an agreement.

5) Yes Bromley does. The judge will hear why the there is no defence and decide whether or not it need to go to trial. The judge would also hear whether they had a valid claim.

6) Yes you can attend or not. But if you don't then it's more likely it will be found against you.

Can I clairfy anything for you about this today please?

Customer: replied 10 months ago.
I do not think if you understand my questions.
The Scottish Law is different from the England and Wales Law.The case was transferred to Bromley because that is where the Claimant lives. I did not live in Bromley.Secondly, Scotland is the UK which I know, so why did the first court not give out his judgement? It is simply out from their Jurisdiction.Thirdly, How do you know Bromley has the power to give judgment? Can you provide a link which says that.
Finally, how do I apply for Tumblin order to avoid the CCJ
Expert:  Jamie-Law replied 10 months ago.

Yes I understand you are in Scotland. That is why I said the judge does has jurisdiction.

You can get judgement in England for Scotland and indeed the rest of the Eu.

Bromley can give judgment if you have been served.

It is contained with the civil procedure rules. If you oook at rule 6 for service.

I assume you mean a Tomlin Order, you should speak to the solicitors for the other side and come to an agreement.

Once it has been agreed you can come to an Tomlin order.

Can I clairfy anything for you about this today please?

Customer: replied 10 months ago.
I have read rule 6 and I can't find the information about Bromley.I know it's your field but I am concerned why would the first court say they can't issue judgement because I live in Scotland.I met lawyers In Scotland, and I was advised that English and Wales law does not apply here.However, In your expertise, What would you recommend for me to avoid CCJ.As for the Tomlin Order, I spoke to the debt collection agency, they said I need to speak to the court. Are they right? If so how do I apply?Finally, do you think I could avoid the CCJ and set up an arrangement with the debt collection directly? Also, what would I do to avoid it going through a hearing?Hope to hear from you soon
Expert:  Jamie-Law replied 10 months ago.

The Administration of Justice Act 1920 & the Foreign Judgments (Reciprocal Enforcement) Act 1933, The Brussels Regulation.

It wont specifically say Bormley. You need to agree for a Tomlin order to remove the CCJ and prevent Judgment.

I think if you set up directly you could avoid the CCJ

Does that clarify?

Customer: replied 10 months ago.
I do not think I understand how to set up the Tomlin order.However, I do not think I have understood why the first court could not give judgement.Also, what was the meaning of striking out the claim which I applied previously as advised by the court staff because they felt I do not live in England?I will make contact with you tomorrow if you do not mind as I need to speak with the court and the debt collection agency first again
Expert:  Jamie-Law replied 10 months ago.

A Tomlin order is an agreement between the Claimant and Defendant. The court can not order this, only the parties can agree.

Strike out the claim means they have no claim. That is why you apply to strike it out.
Does that clarify?

Customer: replied 10 months ago.
Hi, based on the document I sent to you. Can I still apply for Tomlin order with the Claimant and also inform the court to stop further hearing?
Expert:  Jamie-Law replied 10 months ago.

They dont need a Tomlin Order because they have a CCJ.

Only if you get aside would it even be possible to get a Tomlin order.

Does that clarify?

Customer: replied 10 months ago.
I don't understand what you meant. My question means can I still apply for the Tomlin order from the claimant now and inform the court to cancel any hearing?The reason I applied to strike out the claim was simply to deal with the claimant directly. Read my document which I sent.The advice that am looking for from you is how do I avoid CCJ and what do I need to tell the court to avoid hearing. The first court misinterpreted what I wanted. All I wanted was the first court to cancel the claim so I can deal with the claimant. The first court staff told me that it was outside thier jurisdiction because I live in Scotland and it's better I strike out the claim. I never knew the district judge who dealt with the case would come to a conclusion by transferring the case.Now I think the judge got my intention wrong. All I need is this Tomlin order. How do I go about getting it? And what do I need to tell the new court so I can proceed with this. I know you said I need to discuss with the claimant but they have been informed that am striking out the claim and they are surprised if those were my intention and I said no because I wanted to deal with them directly.I need your legal advice please in details on what I need to do. Am so confused. Your response are give short and something confusing.Sorry to bother you but thank you for your time so far.Junior
Expert:  Jamie-Law replied 10 months ago.

You cant apply for a Tomlin Order now.

I understand that you already have a CCJ against you. If so then there is no need for a Tomlin order.

If there is no CCJ against you then yes, you can agree a Tomlin order.

Court staff are not legally qualified. A court can give a Judgment and it can be enforced in the whole of the EU

Does that clarify?

Customer: replied 10 months ago.
I don't have the CCJ yet. A hearing date has not be fixed. The first court did not apply the CCJ, they only transferred the case to another court. Can I still apply for the Tomlin order?Well if the CCJ goes ahead? Can they enforce it in Australia? I have plans of moving to Australia in 3 years and I know the CCJ stays in my record for 6 years.Thanks
Expert:  Jamie-Law replied 10 months ago.

Ok - then you can have a Tomlin order now then before any CCJ

Yes a CCJ can be enforced in Australia

Yes it says on for 6 years from date granted.

Does that clarify?

Customer: replied 10 months ago.
Ok- so what steps would I do to apply for the Tomblin order? And how do I stop the CCJ hearing?Thanks
Expert:  Jamie-Law replied 10 months ago.

That can only be agreed with the other side. The Court can not order it.

Once a Tomlin has been agreed, you then notify the court to the agreement with the Order.

The CCJ hearing is then vacated.

Does that clarify?

Customer: replied 10 months ago.
Does any law state that the CCJ hearing can be vacated when a Tomlin order is in place? Or is it up to the Judge to Vacate the hearing even if there is a Tomlin order?
Expert:  Jamie-Law replied 10 months ago.

Its down to the Judge, but in reality a Judge will vacate the hearing if a Tomlin order is in place

Does that clarify?

Expert:  Jamie-Law replied 10 months ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Customer: replied 10 months ago.
Hi, sorry just saw your rating message.However, I do not mind to rate you as you have been helpful.
I called the debt agency company and they said they are not willing to set out a Tomblin order until they hear from Barclaycard. It appears Barclaycard sold me details to them with my previous address in England and when I contacted Barclaycard, they had my address updated to my Scotland address but when it was sold it was my England address. I have contacted Barclaycard and they have sent out an apology letter to me but the debt collection agency wants to find out from Barclaycard if they had my Scotland address when it was sold. which apparently means no.Furthermore, from the document I sent to you, the Bromley court wants me to pay a further fee of £155 which I do not have now. They said this fee would be used to fix a hearing date. I do not have that now.what should I tell the court? I mean what form to fill? The debt collection agency said they are willing to wait until the hear from Barclaycard and I have spoken to Barclaycard who said they have 15 days to respond to the debt collection agency, however, I do not have time to respond to the court. Am so confused now
Expert:  Jamie-Law replied 10 months ago.

If you are on low income then you may be entitled to fee remission. But it is £255 for a hearing. You cant say anything to the Court at present.

You either pay the additional sum (you may not have to pay the full fee), or withdraw the application

Does that clarify?

Customer: replied 10 months ago.
You are certainly confusing me. How will I withdraw the application?where did you £255 come from? Can you confirm if you saw the notice document I sent over?
I do not think if you understood my point.My point is I do not have the £155 payment for the court yet and what should I tell the court. Please see the attached document I sent yesterday.Thank you so much
Expert:  Jamie-Law replied 10 months ago.

£255 is the court fee. No I didnt the notice document.

But if you do not make the £155 payment then the Court wont list the matter for hearing (the application)

Does that clarify?

Customer: replied 10 months ago.
I do not have the money to pay now. But what do you mean to withdraw the application? How would I withdraw that?Secondly, can the debt collection agency go ahead with the case if I do not make payment? And will the contact charge me if I have not made payment?All I want is to stop this case and deal with the debt collection agency and they are willing to wait for a response from Barclaycard which is giving me time to sort out money. But will the court be willing to wait?Let me send the last document. confirm if you got it.PS: You have been helpful
Expert:  Jamie-Law replied 10 months ago.

Ok. You just notify the Court you are withdrawing the application so you do not have to pay it and get the £100 you paid back.

Yes, they can go ahead if you do not make payment.

Just do a deal now, another week isnt going to make any difference.

Yes I have seen the notice

Does that clarify?

Customer: replied 10 months ago.
I have called the debt agency to make a deal with them but they are saying no deal until they hear from Barclaycard.I will contact this Bromley Court tomorrow and Update you about it as I do not know how to deal with them. The first £100 I paid was to a different court so who do I contact.Finally, if I withdraw my case to strike out the claim, what happens next?Thanks
Expert:  Jamie-Law replied 10 months ago.

The case carries on if you withdraw.

Does that clarify? Please remember to rate, the question does not close and the site pays me for my time! Thanks

Customer: replied 10 months ago.
Ok- then but from a legal background, your best advice is that I should withdraw? if so why? Does that not put me in a difficult situation?Also, how would the case go on? from Bromley or back to County business centre?Thanks.
I wanted to rate you tomorrow if you do not mind. Or is that a problem?
Expert:  Jamie-Law replied 10 months ago.

I would wait until you have heard back from Barclaycard.

Then take a view what you want to go. The case would stay at Bromley.
Does that clarify?

Customer: replied 10 months ago.
To Clarify, you meant that I should not withdraw the case until both parties have heard from Barclaycard right? Could you clarify?However, in doing so the case is still pending as they have not received payment right?
Thanks
Expert:  Jamie-Law replied 10 months ago.

Correct to the above

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 10 months ago.
I have given you the rating. Is it ok to keep you updated when I hear from Barclaycard?At the moment, I have not replied the court but do you think the case pending could be visible to the home office at the moment now?I recently just applied for my naturalisation for British citizen but I did not include this case pending due to the fact that I do not know the outcome yet.What do you suggest, please?
Expert:  Jamie-Law replied 10 months ago.

Sure. Make contact and get a deal done.......

Related Law Questions