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I had a dispute with my landlord in the UK due to health and…

I had a dispute with...
I had a dispute with my landlord in the UK due to health and safety issues with the property which they were not happy to recitify. I was working aboard at the time and with-held the rent when they would not make the repairs. I then moved out and left the UK becoming a resident of China rather than the UK where I now live. I have now received a County Court Judgement in respect to the outstanding rent at my business address in the UK. Are they able to chase me like that even though I am not a resident of the UK?
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Answered in 5 minutes by:
7/1/2012
Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
Satisfied Customers: 4,035
Experience: JustAnswer
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XXXXX XXXXX :

Hi there. Thanks for your question, I will help you with this.

XXXXX XXXXX :

They can certainly chase you, although the reality of whether it is worth it, is another thing entirely. If you no longer have assets in the UK, and certainly should not intend to return, then there was little point in even bothering to chase you.

XXXXX XXXXX :

I do not know what the specific arrangements are for enforcing UK judgements in China, although I expect there is very little prospect of them being enforced at all. Even if they were enforceable, the costs of doing so would make all but the most substantial of judgements pointless to enforce.

Customer:

So in that respect how should I respond to the CCJ and should I make it clear to the court that I am no longer a resident of the UK?

XXXXX XXXXX :

do you ever intend to return to the UK?

Customer:

Maybe in 5 years but then again maybe not. It's likely that I'd go to work in another country first. I do have a business in the UK so would that be seen as an asset?

XXXXX XXXXX :

you should investigate whether the claim was properly served, according to the court rules, and then seek to make an application for the judgement be set aside if appropriate. You would need to have, in the case of claim been properly served, a reasonably arguable defence that might succeed should the matter be allowed to proceed to trial. This is because, at the moment, the claimant appears to have a judgement in their favour, and that would need to be set aside before you are able to proceed at all. As things stand, with a court judgement, the claimant would be able to enforce against your assets. This is, therefore, something that you need to deal with promptly. In order to challenge this at all, you would need to have an address for service within England. Typically, people in your situation, would instruct a solicitor, which would have offices within the jurisdiction, to be able to proceed with a matter like this.

XXXXX XXXXX :

I hope this answers your question. If so, please do rate the speed and quality of service by leaving me a rating. It only takes 1 second to do… If you would like more information, then please let me know and I shall do my best to help out! Thank you!

XXXXX XXXXX :

Does this answer your question?

Customer:

The claim was sent in the post, would it not have to be served in person for a start or do different courts have different rules. How would I find the rules for the court proceedures?

XXXXX XXXXX :

A claim form can be served in the post. It must be served, an individual, at their current residence, or their last known residence if it is known that they are no longer at their current residence. If they knew you are no longer in the UK, then they should have sought permission to serve outside of the jurisdiction. You can get the court rules on service here: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

XXXXX XXXXX :

I hope this answers your question. If so, please do rate the speed and quality of service by leaving me a rating. It only takes 1 second to do… If you would like more information, then please let me know and I shall do my best to help out! Thank you!

Customer:

So therefore is a business address a valid address given that it is not a residence?

XXXXX XXXXX :

Not usually, unless you're being sued as a business.

XXXXX XXXXX :

I hope this answers your question. If so, please do rate the speed and quality of service by leaving me a rating. It only takes 1 second to do… If you would like more information, then please let me know and I shall do my best to help out! Thank you!

XXXXX XXXXX :

Please do leave a rating.

Customer:

Okay so as I'm not being sued as a business but as an individual then should I highlight this to the court when returning the papers?

XXXXX XXXXX :

This would be an important point.

Customer:

Nearly there by the way...okay and what happens if I ignore the papers? Given that I am not in the country but had a batch of post forwarded on?

XXXXX XXXXX :

If you ignore everything, then you may find the business being enforced against in your absence. It may get sold, its assets may be taken, etc.

Customer:

Okay so I would have to respond and try to force them to apply to serve out of juristiction then I assume?

XXXXX XXXXX :

Potentially, yes.

Daniel Smith
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Category: UK Law
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