Chaasing a Debt Abroad

[Tack]

Hi,

My Wife and I moved abroad almost a year ago and while I have an agreement with the Consumer Credit Counselling Service for my difficulties my Wife has tried in vain to pay off her debts.

She has recently sought the advice of the CCCS and they are in the process of combining our plans to ease the pressure on her.

She has today received a letter from Allied International Credit on behalf of Lloys TSB informing her that the matter has been "passed to their legal representatives in our country of residence".

The CCCS have advised her that any UK debt cannot be collected legally abroad so my question is, is this true and if not is this simply a scare tactic on behalf of the DCA?

Regards

Tack

[dannyboy660]

The CCCS have advised her that any UK debt cannot be collected legally abroad so my question is, is this true and if not is this simply a scare tactic on behalf of the DCA?

Regards

Tack

 

It really depends on where you are, and if a CCJ already exists.

CCA'74 is subject to UK law and courts, so not much to worry about anywhere else, courts in other countries won't be interested and have no jurisdiction if it's unsecured UK debt.

If a CCJ already existed before you left the UK it may be possible to get it enforced in another EU member state, elsewhere it's not worth worrying about. CCA 2006 gives other possibilities within the EU, so beware DCA's quoting '06 stuff if you're actually '74.

 

I think you can be 99% certain it's just a scare tactic. Prepare for more to come, but generally speaking it's likely to be a load of old namby-pamby, shandy drinking, big girls blouse toadie pap.

[twofoot]

Danny is spot on, I've been there and done it. His last paragraph is the one you should digest.

[Tack]

Hi,

Thanks, that will really help. My Wife was really scared yesterday.

Tack

[bazaar]

Hi Tack

Dont worry, they'll send you threatograms worded exactly the same as they would to uk residents. They wont work, for instance, if youre in USA, you'll get a letter maybe from Canada, (Still no juristiction there) But they cant enforce anything.

Its up to you how you proceed, But basically, they know where you live, thats abroad. So they'd look pretty stupid applying for a CCJ against you in a foreign land:D.

[dannyboy660]

Hi,

Thanks, that will really help. My Wife was really scared yesterday.

Tack

 

I've been trying to think what could further put your mind at rest, and I vaguely remember a comment by Judge Gordon Lingard made to the 'other place',........

 

Q168

Chairman:

Presumably cross-border claims are few and far between?

 

 

District Judge Walker:

Yes.

 

 

District Judge Lingard:

Very few and far between. I do not think I have had one in 12 years.

 

Source http://www.publications.parliament.uk/pa/ld200506/ldselect/ldeucom/118/118.pdf A rather long winded, tough going document, but there are sure to be a few interesting titbits to those at home and abroad, along with http://www.publications.parliament.uk/pa/ld200506/ldselect/ldeucom/210/210i.pdf

 

 

 

 

Secondly, a particular favorite of mine,....

 

"Bulk mail collection letters typically cost 30 pence apiece. U.K. collectors, including NCO Europe, typically send out four to six letters per account to make contact. About 5% of accounts in the UK are suitable for litigation. The point is to go after can-pay or can-pay-more accounts, says Locke, referring to debtors who refuse to pay or who won’t pay an

appropriate amount relative to their financial wherewithal."

 

 

 

 

 

5% ?? What about the other 95% ??

 

 

Source

http://www.credit-manager.co.uk/other/CCR%20May07%20UKDebtCrisis.pdf

 

 

 

It's not impossible - just highly unlikely, as the evidence shows.

Relax, and don't lose any sleep over it.

 

[desperati]

Hi I'm in the same boat as it were, Just ignore them, most of their threats sent to UK addresses are just that threats,As for those sent abroad they aren't worth the paper there printed on. They soon give up wasting their time and money. I even got an SD sent to me abroad (had to laugh at that one, SD sent second class to an unconfirmed overseas address, talk about a waste of money). They really are just a bunch of sad ignorant bullies.

So please don't worry