Defaulting on a loan

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Tasmaniandevil
Posts: 18
Joined: 11 Mar 2011 16:43

Re: Defaulting on a loan

#31 Post by Tasmaniandevil » 10 Nov 2017 14:48

Hi Nigel,

I've now had a response from the Bank's lawyers after I had challenged them over the fact that the Court summons was sent to my previous address, thereby, denying me the opportunity to attend the hearing (I had informed the Bank of my change of address). I had suggested to the lawyers that, in the circs, the best course of action would be to have the judgment 'set aside' and a new hearing scheduled at a later date in order that I could attend the proceedings.
They have simply replied as follows: "there will be further hearing as a judgment has been issued against you".

As I believe that makes it much easier to have the judgment enforced in the UK, my concern now is that bailiffs will turn up on my doorstep. Although I don't have any items of any value, I still wouldn't wish to have anybody rummaging around my flat & possibly take away my TV & hi-fi (the only items of any value I possess.

As usual, would welcome your comments. Thank you.

TD



Nigel Howarth
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Re: Defaulting on a loan

#32 Post by Nigel Howarth » 10 Nov 2017 16:50

Hi TD

Don't worry about bailiffs, they can't enter your property - all they can do is try to encourage you to pay. (I wouldn't be surprised if the bank sent them to your old address before it issued the writ.)

I suggest you speak with a solicitor in the UK. I suspect that if you can demonstrate that you didn't receive the summons, you may be able to defend the hearing if the banks decides to seek an order from a court in the UK.

The people living at your old address may have the writ - alternatively you could get in touch with the court in Cyprus and ask them to send it to you.

Regards,


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