Credit Card debt in RoI, can it be perused in the UK?

[mattaddiction]

Hi,

 

I’m hoping to find some help and advice, I’ve read some similar threads but nothing answered our questions fully.

 

My partner if from the Republic of Ireland and she has a credit card debt with AiB after falling victim to the easy money and circumstances. It’s about 2000 euro currently owed.

 

When she realised the extent of her problem and I found out about it we wrote to the bank, acknowledged she had run up the debt, explained the situation and offered to make monthly payments (50e) if they agreed to freeze the debt/credit card.

 

Since then we have had a little one and decided we would be best off living in the UK. When we initially settled down she was working, then on maternity pay so had no problem continuing to make the repayments. We did the right thing and informed the bank of the situation and address changes.

 

The current problem has arisen since her maternity pay has ceased, with the little one she’s not been able to go back to work and doesn’t currently have an income, though the tax credits are paid to her account. The end of her maternity pay also coincided with her suffering post natal depression so sorting out the bank stuff was the least of her worries, exacerbated by AIB having not updated our address when we moved last year despite having let them know, so the bank letters keep going to the old address which is sporadic and delayed at best when we get them.

 

So currently she’s ignored the situation, stopped making payments for the last 3 months, this has lead to the bank first writing (but only just got that letter) and now passing the debt on to “Global Debt Recovery” who have written to her (all received at the same time). I’ve now found out about this and need to help fix it. We have written to the bank explaining the situation and asking to agree a new payment amount in the shorter term while she is not working (I’m struggling too being self employed and covering all the bills so can’t cover her debt payments). The bank have only responded saying they have passed it to Global Debt Recovery and directed us at them.

 

She acknowledges the debt with AIB and wants to pay it back. We plan to write back to stress the situation and reiterate our offer direct to the bank as it won’t help anyone if they continue to peruse it threw a debt collector and start adding there costs on.

 

Can AIB (Ireland) pursue the debt in the UK? If so what do they need to do to do that?

 

Can they pursue it in the Republic of Ireland in her absence (obviously can’t afford to get over there for a court date….) and can that having any problems on occasions we return to the RoI to visit family?

 

Can a UK debt recovery agent (Global Debt Recovery in this case) start perusing it on their behalf in the UK beyond just asking her to pay them now, have they any powers under UK law?

 

My understanding is that the agreement was made under Irish Law thus not easily perusable in the UK, can anyone confirm, deny or offer any additional advice?

 

At the moment we are just after enough leverage with AIB for them to agree to a token monthly amount until the she is back in work and has an income.

 

Any advice on this appreciated!

 

Cheers

 

Matt

[noomill060]

They would have to get a judgement against you in ROI and then try and enforce it through HM Court Service

[noomill060]

They couldnt get judgement in UK for a foreign credit card debt like this.

 

Such a claim would have to made through CCA74, but its not regulated by CCA74 cos its a foreign credit card.

[mattaddiction]

Thanks for the speedy replys. Would that mean a UK debt collection agency could only make requests for payments to be made ?

 

And I am assuming getting a judgment (would be best for us as we can put our case forward to sensible indeviduals and show clear proof of intent to reimburs the debt within our means) in the ROI and then inforcing in the UK legal systems would be prohibitivly expensive for a small (in banking terms!) debt?

 

Cheers

 

Matt

[jimdev1976]

I had a similar situation with a permanent TSB credit card, however I moved from Ireland to Holland. I lost my job I had been promised in Holland and couldn’t afford to pay back the credit card, I spoke to them saying I need to top payments, they said they couldn’t do that, however I stopped sending payments anyway. They passed the debt to, initially an American company, called Bluestone, who sent me a couple of really nasty letters, after adding €1000 of charges onto the debt and called me a couple of times, leading to the best/ worst threat probably in the history of debt collection. They passed it on to a dutch company who threatened me with court, I then requested them to do so( a bit of a bluff), never heard from them since, that was 1 year ago. Simply put the DCA will threaten, frighten and bully you into paying, however if you stand firm then they will eventually go away.

[Nearly Here]

Would this be similar the other way around? i.e, credit card debt in the UK, but now living in R O I?

Thanks

[mattaddiction]

Thanks for the reply jimdev1976.

 

Can a bank or debt collection agent just start adding charges on to a debt? This would seem rather counterproductive as my partner can't afford to pay the original amount in the first place.... As there is certainly no agreement between my partner and the collection agent with regard to that, and if they are perusing under UK law would I be right in thinking anything agreed under Irish law (Credit agreement) would not be applicable over here?

 

All replies appreciated! First time I’ve had to deal with anything like this and likewise my partner. If there is anyone reading with knowledge of the law (UK & ROI) in a matter such as this I would be grateful if you could chime in. I'm just looking for enough facts to present to the Bank (AIB in Ireland) to persuade them to bring the matter back in to their collections department and accept our current offer based on current circumstances, which is better for everyone in the long term, rather than going through a third party agent that will be looking to make their cut on top...............

 

Cheers

 

Matt

[Czechoslovakia]

DCAs can add anything they want to a debt, but it has the same legal standing as you subtracting money from a debt.

 

They try to scare you, as like now you are questioning whether large sums can be added against you at will, from someone who has effectively no more legal standing than anyone else.

 

It would be like saying - my mum has just added £1000 to your debt too.

[bowlerhat]

Nearly Hear,I am also wondering if that is the case.Hope we get an answer soon.