Sole78
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Thanks for the encouregment! They infact dont know my home address and these so called EPO and EEO seem to be in my name but the address they use is my business address and my husbands business too. But in realty I'm never there, it is just an address registered for my business. Do you know King1234 if this address in realty is good to send an atto for a private person as the EPO and EEO are for private person?
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Maybe they smelled money as my husband and his family has a succeeding business but i have no property on my name, no car and very little money on my account, i have my own small business but basically all my income goes to local taxes..and i'm home at the moment with my very small son so they cant get any money from me even they try..
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yes, just received another email addressed to my husband: I have been instructed by .. to recover a debt owed by .. in accordance with a European Order for Payment enforceable in Italy. I understand that you are her husband. Please find attached the Italian version of the form (the form they attached is just an application form of EPO in Italian), which is now enforceable in Italy in accordance with EU and Italian law. The English version bears the court seal and certificate of enforcement in accordance with EU law (i have not this version). If we do not receive payment within 7 days, I will have the translation certified by an Italian certified translator (cost: 1000 euro), serve an "Atto di precetto" (500 euro) and apply to your local court to appoint a bailiff, which will increase the debt value considerably.
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Thanks, I'll get it done as soon as possible. My current lawyer has not asked them but he has all the relevant information and says it is not a problem to cancel the EPO and EEO. He is not Italian but he is a lawyer specialized in EU jurisdiction. He says normally DCAs does not handle EPO and EEO's and that I should have received 3 notices from the UK court. First one for a normal claim creditor has made against me and should be made before an EPO, after that the EPO and eventually the EEO. I cant believe 3 letters has gone with the wind in the post.. And the DCA called this morning, did not answer and he just asked us to contact him or he will redirect the debt to the lawyer in Italy. I bet he calls this afternoon again, should I say to him I'm talking with a lawyer and cant say anything at the moment or just not answer?
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I have not done anything yet as I was waiting for an information from a lawyer who apparently could help in case needed. He said there should be no problem canceling the EPO and EEO and it should require even much work. But of course he needs to be paid to do this so I'm still waiting. We got today an email from the DCA: You have not responded to us. If we do not hear anything from you by 5pm tomorrow then we will begin enforcing the debt. This will increase your costs. Please call me or email me to resolve this matter. Another threat to make me scared? I have now a lawyer on my side so should I just see what is coming and use him if needed. I would not want to spend money on a lawyer if it isnt really needed!
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I wont pay as it is not a real debt to pay. It is based on invoices I never received and the original creditor kept making more invoices even they claim that they never received payments, what company works so if they have a client who does not pay? The invoices are based on services that I did not authorize and have no proof that are really done but this is another story. I just need to know how to handle these EOP and EEO now that the DCA has them so I dont think it wise to contact the original creditor and I have a doubt they have sold this debt to the DCA. I need to get the these orders set aside and be sure that they cant come after me now in Italy and then if advisable and possible try to resolve with the original creditor.
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No news for today other than my mother-in -law called the closest court (tribunale) asking what can happen in this case but didnt get much of an informatiom. They just said that as they dont have any details there is nothing they can say and they barely knew what is an European payment order. I'm still waiting an answer from the UK debt line and one lawyer in my home country who is an expert in the EU jurisdiction and then decide if to contact the UK court who admitted the payment order and enforcement order. I'll let you all know when I've these replies. Thanks again!
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This is the email he sent us: nella pratica emarginata faccio seguito alla conversazione telefonica intercorsa in data odierna e Le confermo che sono stato incaricato di recuperare un credito di ca. GBP 6.600,00 (in lettere: seimilaseicento) a fronte di un decreto ingiutivo europeo passato in giudicato. Le chiedo di farmi sapere se la debitrice provvederà spontaneamente al pagamento o meno. In caso di risposta affermativa Le comunicherò l'importo esatto con gli interessi aggiornati ed il conto corrente su cui versarlo. In attesa di Suo riscontro, Le invio cordiali saluti. There was nothing attached to the email!
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