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kbob

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About kbob

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  1. Why would you bother? This would reset the six year SB clock.
  2. Unless your showing up on UK land registry searches, why would your creditors or DCAs spend the 600GBP to go to the trouble of bankrupting you? Your figures are tiny. I'm sure you'll just get the usual threato grams every day or so.... Relax it's costing these muppets money to send these empty threats. The only thing I'd be on my toes about is if they should enlist a local chancer to try some empty threats (There are examples here ie Pie&Ale and The Probe Group.) Then you can research your local law situation and report them the local agencies. I would start with a complaint to the police in the case of somthing like the Probe Group chasing unenforcable UK debt in Victoria Oz...
  3. I thought they were going to do somthing nasty and local legal to you seven days after the 15th November. Now another empty threat. Why are you loosing sleep over this? If they had any real power or claim over you in a foreign land why would they just keep threatening and not engage a local agent and strike quickly? Normaly people in trouble have multiple creditors I would think it smart to get in early? But instead just more empty threats. Chillout have a nice Christmas, keep your local creditors and credit record good and count down the six years to UK SB. I use the reams of threato grams these muppets send internationaly to light to BBQ. Regards, kbob
  4. Hello William415, Question. How did credit corp end up with your UK address? It's one thing for these to make some social network searches and start calling you at work. Perhaps they have the original credit agreement with a employer listed - It's easy with a paid linkedin account to track somone down in this case - But it's another thing to then find somones home address within a forieign land with some certainty. I do wonder in your case what would happen if you were to just ignore credit corp. In the case of a CCJ being sought turn up to court on the day and question duresdiction. Account in dispute in Oz... etc... I wonder who credit corp would engage to turn up on the day (if anyone) perhaps bryan carter might lend a hand with local spotty faced young'en.
  5. Anyone have any information or experience of how to proceed with a CCJ set aside when outside the UK? The link provided http://www.number7.demon.co.uk/YAWS/rules/part-27.htm#rule-27.13 seems to indicate a hearing takes place with both parties to the claim. Is it possible to submit a set aside with a non UK address and no intention of attending the hearing? Very relivant if your outside the UK but still residing within the EU.
  6. Sub'ing - I'll be in the same boat soon.
  7. Sounds like they may have tracked you down to your place of work via a linkedin search. DCA **** are buying premium accounts on this service for just this purpose. They are chancing it. IMHO any contact with DCA **** will only encourage them. If they can never reach you via phone and you do not respond to any contact, they will move along to easier targets who are more open to suggestion. Even if this DCA has done somthing dodgy and combined the debt 8k is nothing in the current scheme of things. Just ignore them. It costs them money to keep trying to imtimadate you. They will soo give up if there no response.
  8. Thanks cerberusalert that clears things up. I wonder if for 40k(across multiple creditors) of unsecured UK debt a local DCA could find or fly in UK qualified judge? I can't imagine there are too many local judges in the EU/Lugano member states that would be qualified to make judgment on a UK case. - Besides if it ever got that point it would just be a matter of flying back to the UK for a few months reregister with NHS and council tax then file bankruptcy -- Mind you I have been getting some letters where banks/dca's are already offering to do this for me might save 500pounds for BR application. Thing is at the end of the day if the DCAs are smart they would be looking for UK land registry entries and going hard after these folk - That and people that do pay somthing and engage in dilog with the DCAs - DCAs are best ignored when non resident. It's not like banks/DCAs are going to fix up your UK credit history if you make payments efforts - It's wrecked for six years - Just paying somthing drags it's out. What is the point? Start fresh. Get your credit setup in your new country and leave the UK debt behind.
  9. How is this possible if unsecured debt was taken under the a UK CCA? The 1974 and 2006 UK CCAs are specific about UK, NI and Scotish courts - No mention of Europe. Is there a framework, convention or precident for EU unforcment of UK CCA agreements without first obtaining UK judgement?
  10. I'm worried by this. I understand that unsecured UK CCA debts can only be chased within the EU after first obtaining a valid UK CCJ. This UK judgment can then be turned into a EPO Euro Payment Order in the debtors current domocile country. Within the EU a default CCJ is enough for EPO process. Within the Lugano convention - Switerland for example proof of original service must be obtained to try and enforce a default CCJ. Does this mean that any UK DCA chancer can partner with a local agent and try for enforment? I would have thought that the harresment that davidd received from EOS debt collection in Slovakia would have been illegal? I think miss muppet and davidd would be better to stop paying any further monnies to UK DCA's (what is the point? sooner you stop the faster six years SB ticks over) and spend this instead on a local solicitor with knoweldge of EU cross border debt enforment laws to send back a nice letter.
  11. That's a very good peice of advice regarding dealing with DCA's. In my experience - Dealing with UK DCAs while now living abroad if their threatograms are ignored and they never get anyone to speak to when they call. They soon give up. Instead of the UK phone agents working on commission trying very hard with calls messages and custom threat emails you will find you start to just get a once monthly call from a Indian call centre... Btw; They have my local number but when ever they call I have to go and get myself While trying to locate myself the phone goes down next to the tv speaker and is forgotten. This costs them money with out any result and they soon give up. All the stories I read here and on Expat forums from stressed out overseas debtors are people who have engaged in two way communication written or telephone. If they are getting a response/reaction they will step up the contact. Best to just ignore these idiots completly. kbob
  12. Yes that DCA has paid some real money for a CCJ and you have been paying them a token amount they are never going to give up now - It's a paying contact. All the threads on CAG todo with UK debt enforment in EU and also the Expat forum threads regarding leaving UK debt. Never have people posting any experience with local enforment of UK judgments. Except for this post; http://www.consumeractiongroup.co.uk/forum/overseas-debt-overseas-account/261871-debt-living-abroad.html Which is to do with non CCA mortage debt. Lots of people loosing sleep and posting questions in regards to - What if? Can they follow me? What powers do they have? Threats etc... But never stories of local papers received. Any stories of EEO EU enforcment to be told? It seems to me it's a perfect time for uk debt slaves to take advantage of free movment in the EU and make fresh start!
  13. I have a feeling that simply by cooperating with DCA's paying them some small amount and being in contact with them you have set yourself up for escalating levels of contact and coercion. From the DCA's perspective you have 500 people to call and try and make your commission on. Those who make any response or can be contacted by phone are open to suggestion and continued contact. Ie You are paying these parasites 1Pound a month this is more than nothing and means you are compliant with their bull**** they have a contact they can try and pressure to pay more. This is the DCA phone monkeys key objective As opposed to debtor who has simply disappeared or given an address he's never available at. These people cost the DCA parasite increasing amounts of money to chase with uncertain outcome. Who knows of they are simply going to declare bankruptcy or if secured debt or HMRC tax debt is the first to be serviced. I say if you are in the EU ignore them it's going to cost them real money to trace and serve local legal process that will again cost them real money to file. It seems to me the smart DCA's must first make landregistry searches if anything shows they really step up pressure. If not they just try for contact to see of the debtor if open to their threat bull****. It's worked for me so far! My debt amount is around 40k- 12k single creditor before charges... ... I'll post if anything changes... I used to lose sleep over this but now I'm just very aware of keeping check on any UK CCJs etc... I have given abroad telephone number and address I have proof for foreign correspondence should any default CCJ come up. When the DCA's call i just put the phone down infront of the TV and around 10min latter hangup.
  14. Paying £8 to search yourself on a public record shows what a [problem] the whole UK CCJ process is. Does anyone out there have any experience they could share about having default judgements set aside when abroad? It sounds like if your UK resident you must attend a set aside hearing. Is it really just as simple as posting a form with foreign proof of residence attached?
  15. Enforcement of default CCJ judgement requires proof of original service. I would love to know if anyone has ever had a DCA chase UK debt within the Euro Zone and what happened? in regards to EEO EPO and what happens if a EEO, EPO is contested based on default UK CCJs?? How much money will DCAs spend on these legal procedures with no guarantee of success? Anyone got a story to tell? Enforcing an English judgment in a member state The United Kingdom (and hence England and Wales) is bound by the Brussels Regulation. It is also a contracting state to the Lugano Convention. The Brussels regime enables the recognition of English judgments in other member states without needing to issue fresh proceedings in the enforcing jurisdiction. “Judgment” includes: An order for costs. Many interlocutory orders (but not those relating to the conduct of the proceedings themselves). Injunctions (although there may be difficulties enforcing, in certain jurisdictions, orders obtained “without notice” such as freezing injunctions). Decrees for specific performance. Procedure The procedure to enforce an English judgment in another member state is as follows: Make a “without notice” application in the enforcing state for the judgment to be declared enforceable (Article 38 of the Regulation or Article 34 of the Convention). While in theory this provision should override any local law requirements of notification, local law advice should be sought, as in practice there may be important modifications. The appropriate body to which the application should be made in the case of each member state is listed in Annex II of the Regulation or Article 32 of the Convention. The procedure is a matter of local law – instruct local lawyers. There follows a summary of what should be produced to the court in the enforcing state depending on whether you are operating under the Regulation or the Convention. This may vary in accordance with local law. Always instruct local lawyers. Requirements on an application for recognition or declaration of enforcement under the Brussels Regulation Copy of the judgment. Certificate in the standard form set out in Annex V of the Brussels Regulation. Certified translations of the above, prepared by a translator qualified in enforcing state. Any other documents required by local law. See Articles 53 to 54 of the Regulation. Requirements on an application for recognition or enforcement under the Lugano Convention Copy of the judgment. In case of default judgment, the original or certified true copy of the document establishing service of the claim form (or equivalent). Opinion or other document establishing that, as a matter of English law, the judgment is enforceable (an affidavit or witness statement sworn or made by an English qualified lawyer would be an appropriate document). Evidence of service of the judgment on the defendant. Certified translations of the above, prepared by a translator qualified in the enforcing state. Any other documents required by local law. See Articles 46 to 48 of the Convention. Enforcing the order Once an order for recognition or enforcement has been obtained, consider applying to the enforcing court for a freezing injunction or other protective measures to safeguard the assets in that jurisdiction. You can do this even if the defendant is appealing the decision to authorise enforcement. It may be possible to obtain interim protection even before recognition; this should be considered particularly if there is a concern about, for example, dissipation of assets or to prevent continued unlawful activity. Under the Brussels Regulation a judgment from a Regulation state is to be declared enforceable immediately on the completion of the formalities set out in Articles 53 to 54 of the Regulation. There is no power for the court in the enforcing state to refuse enforcement of its own motion by reference to the grounds for refusal that are set out in Articles 34 and 35 (see below). The only grounds for refusing enforcement at this stage are that the formalities in support of the application have not been complied with (that is, the documentation is faulty). Recognition can, however, still be refused by reference to the grounds set out in Articles 34 and 35 (see below). By contrast, under the Convention, the court in the enforcing state has the power of its own motion to refuse enforcement at this stage by reference to the grounds set out in Articles 27 and 28 of the Convention. If there is a refusal by the courts of the enforcing state to recognise or enforce, consider appealing. The appeal decision may then itself be appealed by either party. The relevant appeal body (in the case of each member state) is set out in Annex III of the Brussels Regulation or Articles 40 and 41 of the Convention. The Convention and the Regulation are silent on the question of time limits for appeals. Seek local law advice on this point and regarding procedure on appeals generally.
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