El Inglés
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Thanks, where do I get the form from? (also £1 postal order)
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Who do I ask to produce the CAA, MBNA of the DRC? NB No PPI and Interest and charges were frozen almost immediatly 3 years ago.
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That´s what I thought. However, on a point of interest, having read the link, it seems that action for Bankruptcy has to be taken in the member country(all others inc Denmark having a limitation of 3 years). The question then is would a default in one country be recognised as such by another? Any way I read it as a statutory declaration cannot be made in UK but that the foreign courts proceedures must be followed (with whatever the equivalent of a SD is). The question is does anyone actually know if other EU courts would recognise a foreign debt as grounds for Bankruptcy. I suppose one way they could do it would be to sell the debt to a Co in that country and take action from there, however I am sure that this would be easy to challenge. Thanks for all the advice
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Can a statutory demand be sent to an EU address if the OP has been out of the country for more than 3 years? If making SO bankrupt in, say Spain, under the laws of the country wont a person have to commit an act of bankruptcy in Spain or does a default in England count. Any way, at the speed the Spanish legal system works it would be years before this got thru even if uncontested and I would be dead or in a home by then.Perhaps an offer in full and final settlement would be in order. In view of my parlous financial situation if they refuse I can use this in any defence.
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Re above. I understood from this site that as I am not resident in the UK(fiscally or physically) they cant go for a CCJ or Bankruptcy-am I right? I also thought to go for an European enforcement order they had to have a CCJ to enforce? Does anyone know if they actually send the collectors round to houses in the EU?
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What action can DRC`s take. I am resident in Spain for the last 10 years. As a pensioner I have limited resources and no assets except my house in joint names with little equity due to the property crash. No assets in england ( £20.00 in Bank and £10 PSB). I was paying £1 pm on debt of £4300 to MBNA(ex Alliance & Leicester) They have now reassigned this debt to a DRC. What can they do? I know they cant get a CCJ as I am out of Jurisdiction but can they try thru a Spanish court? If so they do have to use UK law? Otherwise I suppose they will try to get money out of me. Is it worth offering, say £500, in Full and Final settlement, I cant afford to pay monthly, a least not a meaningful amount. Also MBNA wasn´t charging interest, will the DRC start charging interest now?
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