Jump to content


  • Tweets

  • Posts

    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Debts in France, Living in the UK - What will happen to me?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4367 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello, I will try to explain as clearly as possible my situation:

 

I am a UK Citizen and I lived in France for about 10 years.

I moved back to the UK last year to help my father who was sick but had some large loans in France with my French Bank Account and a Loan Company.

 

I tried to keep up with payments but slowly my salary was not enough in the UK to cover my daily living and pay my monthly payments. I started to dip into a Credit Reserve to keep up with payments which is now at its maximum and now I am into my overdraft. Overall we are now looking at about 32,000 €.

 

I cannot manage on my current salary to pay anything towards my French Debts.

My French Bank has sent a letter saying I need to refund my Overdraft and the situation is getting worse. I have no money to refund my overdraft and it keeps getting worse with the monthly payments that are coming out of my account.

 

I tried to find a company in France that would group my debts so I could reduce my monthly payments but this is impossible as I am no longer resident in France. In the UK it is impossible as I have only been back a year and my credit rating is low and I would never get a loan to cover even a quarter of the amount I owe.

 

I do not know what to do, as it is a debt in a foreign country I cannot seem to find any assistance or advice here in the UK.

 

What could I face with regards to debt recovery? Can the French Banks take any action whilst I am here living in the UK?

Please any information would be invaluable.

 

I am prepared to pay my debts but my current financial situation would only allow me to pay maybe 150€ - 200€ a month, not the current 800€ a month (all added together) plus there is my French overdraft which is now at about 3000€ and getting worse.

 

Thank you for your help.

Link to post
Share on other sites

If you defaulted on these debts there are reciprocal agreements in place where it would be possible for an EU creditor to take enforcement action within other member States. However, because you are now resident in the UK and any French CCJ is absent they would have to take action in a UK court using French law. Given that the amount is so high it is probable that they may attempt to do so.

 

It really depends on your circumstances as to what advice can be given. Do you own property or have any assets?

Link to post
Share on other sites

If your job is not dependent on you having a clean credit file you could consider bankruptcy which would clear these debts. There are other options too which if you contact http://www.nationaldebtline.co.uk/ they will be able to go through with you. It is a charity & does not charge for their help.

Link to post
Share on other sites

Thank you once again.

I did contact the national debtline for some advice but they said as I had not yet defaulted on payments and that my debts are abroad and no action had yet been taken, they were limited on the advice that they could give me. They sent me information on budgeting etc but I just do not have the income to keep up with the payments that they require.

I really do not know what to do, I tried to speak with companies in France and also at first my bank but typically they reply that they cannot help as I am no longer a French Resident and I have to find a solution on my own. They are not clear with what the next steps will be for me if I do not keep up with the payments.

Do I just have to wait and see? Is it best to lie low, ignore any letters from my bank in France and wait until I am contacted by a debt recovery company in the UK?

I assume I cannot file for bankruptcy until there is action taken here in the UK, is this correct?

I would so much rather deal with this with an English Speaking Company, my French is good but not when it comes to this kind of talk.

I do appreciate the help, I feel so panicked at the moment with a million questions and its hard to find someone to actually sit and talk this through to find the best solution.

Thank you.

Link to post
Share on other sites

I assume I cannot file for bankruptcy until there is action taken here in the UK, is this correct?

You can personally file for BR at anytime but it will cost around £700.

 

Some people chose to wait for there creditors to send a 'Statutory Demand' which is a precursor to them applying for your bankruptcy which would mean the creditor paying the fees. The problem with this is it can take several months [if ever] for them to do it + you will have debt collectors writing & telephoning all the time & even via your employer if they have those details.

 

If your creditors are aware you have no assets they will be likely to sell the debt on after a few months too.

 

As it stands now I personally would default on the payments, obviously you cannot afford them, and wait & see what they do. Even if you make reduced payments it will have little impact on the debt & they will increase in any case because of the interest & charges they will add on.

 

There is no need to panic, this is purely a civil matter & the bottom line is there isn't a great deal they can do other than harass you via the post and on the telephone. If they do ring refuse to speak to them & tell them you will only communicate in writing. If they do start to harass you there are plenty of things which can be done to stop them so do not feel intimidated by them. ;)

Link to post
Share on other sites

Thank you, I need to take a deep breath, take this all in and think about this further in the morning instead of making myself ill with worry.

Your advice and reassurance is greatly appreciated :)

What a mess eh! :s

Link to post
Share on other sites

I know it's easier said than done, but honestly do not worry about it. You are one of many tens of thousands of people in exactly the same position due to world's economic situation & personal problems. Debt is no longer the stigma it once was, in fact it's fast becoming the norm.

 

Long gone are the days of the debtors prisons & they cannot abduct your eldest born. ;)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...