Living abroad - can UK resident husband's debt be passed on to foreign debt collector

[Frenchie82150]

Once again a long title but I couldn't think how to summarise it.

 

AIC is chasing my husband for a business loan in his name only that he took out before we were married. They told me today that they are going to pass the matter on to the french authorities despite the fact that my husband is not resident in France either for tax or domicile. I live here with our children in a jointly owned house and he spends a few months a year here in between work in the film industry. Anybody know if they can do this?

 

Thanks

[Edz11]

If it is a UK agreement then UK laws should apply to it. If they are saying that French laws apply then that is a different kettle of fish entirely. I doubt that there will be anyone on here that's an expert on Consumer Credit Law in France.

 

I suspect that there is an element of bluff here.

[Frenchie82150]

No, he wasn't saying French law applies just threatening to pass it to the French authorities. Personally can't see how he can but as there are 300,000 british people living in France I thought on the off chance, there might be someone else in the same situation. Thanks for your response anyway.

[Guest vortex]

Any debt within an EU member state can be passed to authorities in that country

This link is insolvency related but maybe helpful

Foreign Debt

 

just found this as well

The Enforcer - Enforcing Judgments within the European Union - KSB Law

[Edz11]

The process is simplified now - it used to be the case that in the UK the debt had to be registered with the High Court with appeal rights etc etc. It's all to do with the EU being one market. But as Vortex points out - that's if it gets to the enforcement stage. I doubt this will.

[Frenchie82150]

Thanks for the links Vortex. Looks like they have to get a CC judgement before they can do anything and I can't see how DCA can try and enforce something on someone in a foreign country when they are UK resident. Just have to wait and see I guess.

[Frenchie82150]

I doubt it too EDZ11

[bottomburp]

deleted

[gordon1949]

Iam planing to move to india for a year and I owe a lot of money to my creditors will they chase me for it.

my property are in joint names my wife and I and I also have a lot of equity .can they force a sale to recover the money

Edited July 5, 2009 by gordon1949
incomplete

[T2upNorth]

Iam planing to move to india for a year and I owe a lot of money to my creditors will they chase me for it.

my property are in joint names my wife and I and I also have a lot of equity .can they force a sale to recover the money

 

 

It's a bit vague. As I understand it there is no way a debt can be passed to an Indian DCA, assuming such a thing exists. But, is your equity in UK?

[gordon1949]

yes the equity is in the uk

[T2upNorth]

yes the equity is in the uk

 

 

I would say that it depends on the type and amounts of debt(s). How are they secured? What is the history? Have you been traced and chased?