Living abroad - can UK resident husband's debt be passed on to foreign debt collector

Frenchie82150 · 26th November 2007, 18:57

Once again a long title but I couldn't think how to summarise it.

AIC is chasing my husband for a business loan in his name only that he took out before we were married. They told me today that they are going to pass the matter on to the french authorities despite the fact that my husband is not resident in France either for tax or domicile. I live here with our children in a jointly owned house and he spends a few months a year here in between work in the film industry. Anybody know if they can do this?

Thanks

Edz11 · 26th November 2007, 19:31

If it is a UK agreement then UK laws should apply to it. If they are saying that French laws apply then that is a different kettle of fish entirely. I doubt that there will be anyone on here that's an expert on Consumer Credit Law in France.

I suspect that there is an element of bluff here.

Frenchie82150 · 26th November 2007, 20:02

No, he wasn't saying French law applies just threatening to pass it to the French authorities. Personally can't see how he can but as there are 300,000 british people living in France I thought on the off chance, there might be someone else in the same situation. Thanks for your response anyway.

vortex · 26th November 2007, 20:16

Any debt within an EU member state can be passed to authorities in that country
This link is insolvency related but maybe helpful
Foreign Debt

just found this as well
The Enforcer - Enforcing Judgments within the European Union - KSB Law

Edz11 · 26th November 2007, 20:30

The process is simplified now - it used to be the case that in the UK the debt had to be registered with the High Court with appeal rights etc etc. It's all to do with the EU being one market. But as Vortex points out - that's if it gets to the enforcement stage. I doubt this will.

Frenchie82150 · 26th November 2007, 20:33

Thanks for the links Vortex. Looks like they have to get a CC judgement before they can do anything and I can't see how DCA can try and enforce something on someone in a foreign country when they are UK resident. Just have to wait and see I guess.

Frenchie82150 · 26th November 2007, 20:34

I doubt it too EDZ11

bottomburp · 27th November 2007, 11:31

deleted

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki N.B. Please note - due to postage costs these products are only available in the U.K.