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 Post subject: CCJ against non UK resident living abroad
PostPosted: Thu Mar 15, 2012 9:40 pm 
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The views of this forum is that you cannot get a County Court judgment against a person living outside the UK.

There is a Civil Procedure Rule that says that a plaintiff can serve a non UK resident outside the UK even though they live overseas for e.g. Canada or Australia (rule 6.36) but they need the court's permission to do this.

I was wondering whether one of the grounds a County Court judge might refuse to accept serving a defendent outside the UK would be if for example, they had no assets in the UK and did not reside in the UK or in Europe and/or had no business there?

If a creditor was looking to enforce in the County Court a monetary award from a Tribunal, could they do it under that rule or not because the person does not own assests/business or live in the UK?


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 Post subject: Re: CCJ against non UK resident living abroad
PostPosted: Thu Mar 15, 2012 11:05 pm 
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Whooo

This is a very specific legal question, and even though CPR 6 allows service outside of the UK, that is is to 'businesses' that have an interest in the UK. I am unaware of any instance that a court has given leave to serve an individual, but it could have happened. CPR 6.7 seems to be the key here and that defiantly infers Business rather than individual.

I would also draw your attention to CPR 6B and the Lugano Convention (Articles 22/23)

Normally to get around this is to serve to last known UK address.

If you need more info then you will need to seek specialised legal advice rather than debt advice, as the remits for this are far beyond this forum.

Tim

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 Post subject: Re: CCJ against non UK resident living abroad
PostPosted: Fri Mar 16, 2012 8:34 am 
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So does that mean that a CCJ cannot be enforced against a person residing outside the UK (e.g. someone in Canada or Australia) and who has no interest in the UK?


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 Post subject: Re: CCJ against non UK resident living abroad
PostPosted: Fri Mar 16, 2012 9:30 am 
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Well the creditor could always sell the debt on to someone in those countries who could chase - have seen this happen.

As Tim has suggested you need more specialist advice than we can give - and I am not sure where you get the idea that no CCJ can be granted against someone who lives abroad. Creditors can and do use the last known UK address. I should also add people can be made bankrupt in absentia using the same procedure. To get credit in the UK one needs a UK address so there is always somewhere to go to!

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 Post subject: Re: CCJ against non UK resident living abroad
PostPosted: Fri Mar 16, 2012 10:30 am 
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Sorry I think you must have misunderstood what I am saying. Assuming the person had no UK address to serve them at and the creditor knew this then, does this mean that the creditor could not get a CCJ against the person due to their address for service being overseas?


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 Post subject: Re: CCJ against non UK resident living abroad
PostPosted: Fri Mar 16, 2012 11:34 am 
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No, I did not misunderstand. How did this person get the credit in the first place - they must have had an address in the UK then.

What we are not going to be able to do is give you a concrete answer to this question. We do not know all the circumstances - nor is this the place to go into details - so we cannot say what will happen.

I would suggest you contact your local CAB and ask to speak to a specialist there or go to your local county court and ask for some hypothetical advice - or use the legal forums.

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 Post subject: Re: CCJ against non UK resident living abroad
PostPosted: Fri Mar 16, 2012 12:56 pm 
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As an individual, credit could only be obtained from a UK address, so then they can and do serve to last known UK address.

However, if you were a business, then different rules apply, as it is possible to obtain UK credit without a UK address, but as that would be a business matter then CPR 6B would apply, even if not in the EEA

As for enforcement CCJ are sold abroad, and there have been many cases where they have been sold into the USA, chased in the USA, and the debtor sued in the courts with them.

As Canada and Australia are both commonwealth countries, it is my understanding that reciprocal laws are in place for the pursing of UK based CCJs

It will come down to what reciprocal laws are in place and that is definitely well beyond the remit of this forum.

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