Bank of Ireland Debt - Chased by Red Castle/Gothia and now Largo

[skeeks]

I have a debt outstanding with Bank of Ireland in the Republic of Ireland. The situation is very similar to this one :

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/158449-castle-let-battle-commence.html

 

I had been paying the loan off remotely but have recently got into financial difficulties and can no longer make repayments.

 

I had a letter first from Red Castle and then another letter arrived the other day from a law firm called Largo. They threatened court action but told me to reply to Red Castle.

 

What should I do in the first instance? I am completly new to all of this and stressed out!

 

My understanding from reading the other thread is that the debt cannot be enforced in the UK. Is this correct? Really appreciate any help on this.

[IdaInFife]

Hi Sheeks,

 

Sorry i can't answer as I donlt know but I'm sure someone who knows will be along shortly,

 

Ida x

[cerberusalert]

ScarletPimpernel Will no doubt pop in sometime.

[ODC]

Unless you have a judgement already made against you I think it very unlikely that our friends will try to enforce it through the British Courts. Although as ireland is a member of the EU my understanding is that the judgement would needed to have already been granted in Ireland.

 

The British Courts would have no jurisdiction over a Credit Agreement made under Irish Law.

[skeeks]

So what should I do now?

[ODC]

Send them this

 

Dear Cretins

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

 

I intend reporting your company to the OFT as you have committed clear breaches of the OFT Guidelines on debt collection. As your company are also members of the CSA you are required to abide by their Code of Practice and failing to do so could render you liable to prosecution under the Consumer Protection from Unfair Trading Regulations 2008.

 

Please take this as an official complaint and send me details of your company complaints procedure.

Yours etc

[Rios897]

Exact same thing has happened to me today!!

 

Currently living in the UK and had been paying a credit card off issued by AIB. I got an EMAIL today (no letter, no call) from a company called Global Debt Recovery giving a reference number and to contact them IMMEDIATLEY.

 

Im assuming its AIB as ive seen reports on the internet of them using this DCA to chase up on overseas customers, but to me, an email is a completly unnaceptable method of communication as I have never been emailed by a bank before with regard to my accounts.

 

Am going to wait until I receive something in the post from them before acting, and if I do, the above will be sent off.....thanks ODC!!!!

[ODC]

There is a thread on here about someone in the opposite position to you. They have moved from the UK to Ireland. I will try to dig it out tomorrow

[skeeks]

Thank you.

[skeeks]

Hello ODC

 

PM'd you.

 

Skeeks

[ODC]

Skeeks send the letter to Largo and see what they come back with. Personally I think they are bluffing.

[ScarletPimpernel]

A loan taken out in Ireland will be the subject of an agreement regulated by the (Irish) Consumer Credit Act 1995. This cannot be enforced in a Court in UK other than is circumstances likely to be prohibitively expensive for the bank.

 

Have either the BoI or DCA sent a Default Notice? Unless they have done so, they are prohibited from taking any action:

 

s.54(2) A creditor or an owner shall not, by reason of any breach by a consumer of an agreement—

( a ) determine the agreement,

( b ) demand early payment of any sum,

( c ) recover possession of the goods,

( d ) treat any right conferred on the consumer by the agreement as determined, restricted or deferred, or

( e ) enforce any security,unless he has served on the consumer, not less than 10 days before he proposes to take any action, a notice which shall specify the following:

 

(i) details of the agreement sufficient to identify it;

(ii) the name and address of the creditor or owner, as the case may be;

(iii) the name and address of the consumer;

(iv) the nature of the alleged breach;

(v) either—

(I) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken, which date shall be not less than 21 days after the date of service of the notice, or

(II) if the breach is not capable of remedy, the sum, if any, required to be paid as compensation for the breach and the date before which it is to be paid, which date shall be not less than 21 days after the date of service of the notice; and

(vi) information about the consequences of failure to comply with the notice.

 

The only way they can do anything without having served the Notice is where a Court has agreed, and I assume that they won't have bothered - the costs in consumer credit action not being recoverable by the creditor.

 

However, given that UK DCAs and their solicitors appear to have great difficulty complying with their obligations under UK laws, I doubt whether they will be able to get to grips with Irish law.

 

Incidentally, Largo sell solicitor's letters to DCAs, so I doubt whether anyone legally qualified has been anywhere near this case.

 

So, I suggest you make it easy for them. Send them a standard formal request under s.78(1) of the Consumer Credit Act 1974. They will either produce a copy agreement which you can then point out is not enforceable in the UK, or they will catch themselves on and say that they don't need to comply because the debt isn't subject to UK law, in which case you can point out that it's not enforceable in UK.

 

Of course, you will also be formally disputing the debt; under the OFT Guidance a UK DCA must suspend all collection activity until the dispute is resolved.

[skeeks]

Hi again

 

Thank you very much for your input & apologies for the lengthy silence of late (life kicked off...)

 

I'm not aware of a DN having been issued by BOI unless they sent it to my old address in Ireland before I notified them of the change of address & it's simply sitting there (does that give them any traction?)

 

Largo went quiet and have since a letter from BOI notifiying me that they were handing it over to their legal dept. & had another letter from Red Castle-Gothia today demanding payment & threatening all sorts.

 

I'll send the CCA request (should it go to Largo or Red Castle at this stage?) immediately.

 

Really appreciate the help.

 

Many thanks

Skeeks

[cerberusalert]

I'll send the CCA request (should it go to Largo or Red Castle at this stage?) immediately.

Send it to whoever is chasing you for money now.

[skeeks]

Thanks for clarifying that for me - I just want to make sure I get it right

[cerberusalert]

Fransis's post moved to http://www.consumeractiongroup.co.uk/forum/showthread.php?342992-Bank-of-Ireland-Garusa(5-Viewing)-nbsp