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  1. very constructive comment ..... may be you shoud revise your preconception and cliche a bit further before making sweeping statement on my ability to to tell him what i actually experience while living in france Moreover I didn't know by suggesting to him that to ask for a CCA to see if they have any legal right to collect the debt was very funny and badly advised , so it could challenge them and negotiate properly a reduce settlement if he can !! i have never say as well that i was an expert on british law insolvency far from it. if you have read carefully my post i did suggested that it was possible to enforce a statutory demand however you have chosen to overlook this fact ... i should have made myself a bit clearer .... however that to trace the debt abroad will be , i think ,quite expensive things to do ... so i know for a fact that for small debt some company just decide to write it off. I have seen this by myself a lot of this going on when i was living in france. it may have change now perhaps. i have seen also some rather large debt being pursue which is another thing. however when he will open a bank account in france, the bak may, and i think they will, decide to contact his english bank to check his credit. i kjnwo this is what happened to me, both in Uk and in France. This is what i said, wait for it, to him don't ignore it !!!! as tghey coudl enforce it in Uk and if for whatewver reasonas to come bak ot live inUk it will have to face it.. but again this was overlook also.... i suggested even further that they may engage proceeding infrance by folowing the law , as i could not see englishlaw being enforce outside their jurisdiction i know european law can ... this was again overlook.... or maybe misread i even mentioned that there is a lot of people far more knowledgeable than me..... and that he coudl sek their advise... i implied that my opinion is no legal advise but what i experienced personally myself, and trust me i know quite few people that i have actually done that with not so much problem. i may get a backlash but well for the sake of this post for the purpose i willtell you my personal experience with debt contracted in france... when i was younger and very careless to say the least .. i contracted an overdraft. however as a student i couldn't repaid it so i moved back to UK. my french bank passed my file to the banque of france to get it "bankrupt". However i did receive some threat, phone call and letters . i choose to ignore them for quite a while. so after getting some advice ,i was told that i have two option i could choose to ignore it as it will be expensive for them t recoup what i actually owed or i coud make them a FUlland Final settlemnt which i did and they were not happy so they passed into the banque de france and to date well i haven't seen any kind of enforcement being placed while i was living in UK. they were threateming me with bailiff action as apparently they had a court order from a french court ( thisw was probably a lie fromthe french DCA) .... well iam still waiting of them to turn up after 20 years ... so you see it is not the cleverest things i have ever done far from it. when i go bak to france, ihave met some peole who have doen just that , they met get letter but well they choose to ignoreit.. it is morally wrong i know .. but i am not their conscience and they know the risk if they to go back to live in UK .
  2. ihi bottomburrp i did not says that you comment were invalid. Having studied french lawi can tell you that english law cannot be enforcved in france as they have no JURISDICTION in France. so the bankrupcy can only be enforced in UK and that is it. if they wish to chase the debt in france then they will have to comply with the french procedure which is not irrelevant as you may suggest, but rather expensive and legally complicated. he may get an interdit bancaire if he is been chased infrance for this debt. althgouh i doubt it very much they will go that far. your friend mayhave a statutory demandbut it canonly beenforce in UK as far as know, as this taturotry demand was amde in Uk not infrance. howeve if the stat demand was made inf rance then well he has to comply with the example you mention with the investigator well it is class as an unfair practice and may as well be seen as fraud... however he mentined that he has tried to contact LLoyds toward his debt and he is getting ignored by them so a CCA will do very well in his case .however iof the debt ot trace him is too high then they simply write the debt oof as the status of limitation will apply. it is very rare unless the debt is really large 100k+,or the moeny was acquied by fraud theft tc...
  3. yes dave they will need a physical adress but bankrupcy in france doesn;t happened automatically first they willneed to show if you can repay them abnd if yes how it will happened. once you made bankrupt you are in for 5 years with nocredit allowed etc....
  4. botom up i would like to know i know someone close who was in the same situation but that never happened as they could not apply French law within an UK border . ( no pun intended, sorry lol ) to get a bankrupcy in france, you must constitute your file to the banque de france and as they have no communication betwen BOE and la banque de france and that an order of judgement has no value in france only within UK. however and this is what i said previously, by ignoring this problem it could lead to CCJ, bankrupcy etc.. in Uk and when he /she will return then the problem will arise ther and then . this is what i advised to him to opn a PO box in france then ask for a CCA and start from there. tuhe law to chase a debt into an other country are very complicated, and i think they will only doi it if a very large sum of money is owed. i have some french friend with "interdit banquaire" which are opening bank account into an other country, such as belgium, germany, etc.. so they get acces to cheque book , debit card etc.... as ther is no communication between the banque de france. bankrupcy in france is very harsh,. usually people are really struggling to havea bankaccount, no debit crd whatsoever if they get one ....
  5. to know if your agreement is enforceable check this http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105315-my-agreement-enforceable-useful.html however if you can scan it then do it but obviously remove all personal details. there is a lot of person far more knowledgeable than me who can help you . if you request it and after 12 days you can legally withhold any payment to them. after one month they are in default. it put your account into dispute and they cannot enforce it nor passed it on to any third party until they have comply with your request. it s quite useful i was able via the CCa route to have 2 debt squashed and i repaid some others at a greatly discounted price. when you are erquesting your CCA ask also for a deed of assignment if the debt has been sold to a DCA ( if it is not an absolute one then they cannot apply for a CCJ) good luck. sorry for my typo lol
  6. scarlet pimpernel i can asnwer about their complaitn procedure. When i requested my CCa it come thorugh Natwest and their leaflet too but nothing from Triton Credit Services, when i query that their answer yoru account is no longer managed by uis butby the original creditor. i made a previous complaint to triton, it returned to me as the adress was unknown mmmmmm.... i will be interested to see the response from the OFT !
  7. don't ignore them as . if i were you ask them a copy of the CCA , only cost 1 pounds, and start your letter with this I DO NOT ACKNOWLDEGE ANY DEBT OT YOUR COMPANY NOR ANY COMPANY THAT YOU CLAIM TO REPRESENT. if you are in the process to have a CCJ yes then contest it as it is probable that they don't have the right paperwork adn so have their claim to be struck out.
  8. ty7pical behaviour form bully boys of triton . if you have sent the etter recorded delivery then they have receivd trust me they are manipulating you into paying more.... 200 pounds/month seems a lot to me !! as curlyben suggest send them a cca request that will calme them down a bit .... did you received a CCJ? because if just received a CCj then you shoud l think to put it aside for now have you try to defend yourself against CCJ ?
  9. if they obtain a ccj it wil be enforceable in uK only as diffferent country different law. there is no communication between the bank of england and the banque de france, excetion in case they suspect fraud and etc... however if the sum is very large they may be able to sure you abroad. if you are infrance you could find yourselves with an "interdit banquaire" they passed your detail which mean it will be very difficult for you to open a bank account, obtain credit , etc.... and beware charges are common over there too !!! i doubt they will take this action as it is quite expensive for them to find you abraod sending demand etc...... . for the adress it is quite easy to open a PO box in france. however what they could do get a ccj in uk to your known last adress and when you get back start reclaiming the money.
  10. just wait don't reply yet keep your game plan to yourself for now.... they know they haven't comply with it... cabot are a bunchof imbecile who will try to anything to get your money.
  11. after few month of struggle with cabot whihc inbsisted that we are the owner of debt which we never had i CCA them on august 2007. today i received this letter from them Your request under the CCA We write further to your request for information under the CCA. Regrettably, we have beeen advised by the original lender that they have not been able to obtain relevant information for your account. What does it mean? it may be that the original lender no longer has any records relating to your account or that they have been unable to obtain the information from their archives. As previously advised, Cabot is dependent on the original lender to obtain informaiton and we regret that we are unable to provide this. As a result, Cabott shall no longer collect on this account. what is interesting it is when they first approach us i went to an HSBC branch given the bank acacount details and etc.... and it appear that the account never existed at all, must of all they think some of the statement that we recieved by Cabott seems to have been doctored .... so when i asked them how they have got our details ? their answer don't know . anyway what does it mean this lettter that they will stop everyting now ? should i do someting else now ?
  12. hi luke do nothing .. just wait and see what they come up with.. it is just a standard bog off letter from them i received the same as well from them last and guess what? they had nothing . however Caboot is obliged to provide it as the OFT is clear on that to chase for th e debt they must have the necessary paperwork or else well bye bye... good luck
  13. i forgot to mentioned that the current account and loan were all joint account. all defautl and etc.. are in my name only. so how a joint debt becomes attributed to only one person? but they have put everything apart from one loan to my name only ? so where does my OH stand on this ? any iodea anyone for post 23 and 25 ? should i CCA for the overdraft to prove that it was created by the original creditor? thank you
  14. hi odds i have the same problem with natwest i had acurrent account which i never used, i am paying the loan through a different bank by DD , they have agrred to that, then suddenly discovers a whole lots of charges. their answer well wwe can charges you current account as we feel like it !!! good luck
  15. hi ed, this is their answer to my complaint that i made to them in december dear phill123, case ref ; XXXXXXxxx i refer to your recent concer regarding Collection procedures. Please see the findings from my investigations. along with my proposed resolution outlined below for your consideration. When the bank agrees a personal laon, the bank requires you to maintain a current account in order to service the loan. This is stipulated on your loan agreement forms. Records indicate that both your loan are inarrears and your current account is in excess. The bank has nto received a sastifactory offer of repayment from you and was therfore creect in issuing a notice to default you. it is important that you collect the collectin centre on 08453039015 to discuss repayment options available to you. Failure to do so may result in your accounts being transferres to the rcoveries department and the debt being registeres against you. if you have any questions or remain unhappy in any respect, then please do not hesitate to tele[hone me on .......... then they go on sayingwtheat they sen a leaflet on how to report to the financial ombudsman". i must made few point to this letter, on the agreement for the personal loan and when i applied for it there were no mention of current account needed to service the loan as i put the direct debit form a differnt bank ? moreover they knew that this current aacoutn was dormant as no m,oney was coming in ( my oh wages and benefit was paid into a different bank) and no money coming out. first i suspect also that they put some PPI thaty i haven;t ask for it as the amount has been somewhat inflated .. hence i stril not received any copoy of agreement that i asked under my SAR so i don't know where they can show that to me. regardoing the current account being in excess welll i discovered that recently as i haven't received load of statement from, them well in fact tone from december 2007 and one now. i hope thi shelsp answering your questions lol thank you again
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