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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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Debts in France, Living in the UK - What will happen to me?


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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.

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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?

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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.

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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.

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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. ;)

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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

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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. ;)

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