uk debts but live in germany

[cerberusalert]

Even if you are living abroad, they can still come after you for a debt especially in the EU.

 

Some UK Debt Collection Companies may have Partner Companies in the EU. Any agreement regulated under the Consumer Credit act is only enforceable in a Britsh court.

 

The EU has agreed a procedure known as an EPO -European Payment Order which came into force in January 2009 and can be used to enforce collection of a UK debt without the CCJ. The European Payment Order is only available for cross-border cases. It allows for citizens and businesses to use a simple method to enforce uncontested payments.

 

A reciprocal agreement in the UK means a UK Court can enforce a CCJ using the legal system of the other country. If there is no such agreement in place, a creditor can sell a debt to an agency in the relevant country and debt recovery procedures will commence under the law of that land. A creditor may have their own office in that country, or relations with other credit companies in that area.

 

If a creditor has taken legal action on an account, the debt can be legally recoverable indefinitely. This means that someone could start a new life abroad and work hard for the assets they accumulated, only to find a few years down the line that a creditor has traced them. Everything they have worked for is put at risk and could be taken from them to repay their debt.

 

The European Payment Order is under PART 78 EUROPEAN ORDER FOR PAYMENT AND EUROPEAN SMALL CLAIMS PROCEDURES - CIVIL PROCEDURE RULES

 

Link here:

 

PART 78 - EUROPEAN ORDER FOR PAYMENT AND EUROPEAN SMALL CLAIMS PROCEDURES - Ministry of Justice

 

If the companies involved know where you are, and the amount owing is worth the effort, then you may have them coming after you using this route.

[cerberusalert]

Remember, any agreement regulated under the Consumer Credit act is only enforceable in a British court. Bank loans & credit cards etc are regulated under CCA 1974 which means they must have acquired a CCJ in the UK first & they cannot do that unless you are a UK resident. Sometimes they do manage to using the 'back-door' method whereby they have served papers at your last known UK address. If they have you can easily get them set-aside.

[cerberusalert]

Thread moved to the Overseas debt Forum

[cerberusalert]

Have a read through http://www.consumeractiongroup.co.uk/forum/overseas-debt-overseas-account/250889-can-i-sued-overseas.html

[cerberusalert]

I am a UK taxpayer, would this make a difference to DCAs chasing me for loan/credit card debit?

No, as much as DCAs would like they do not have access to tax records.