DCA's and Pensions

[miradav]

Hi, I would liked to know if Debt Collectors Agencies can touch my Service and State pension, I live in the Philippines and have done so for the past 6 years. Have a small debt in UK of 2900 pounds, have no UK address.

Any advice appreciated.

 

miradav

[dannyboy660]

They'd need a court order first and if it's unsecured debt, the fact you do not have a UK address and are not currently within the EU means it's very unlikely indeed.

You still might get all the standard threats of court etc etc, even though they are not supposed to do that anymore if they have no hope of a court ruling in their favour, but the chances of anything happening are virtually zero.

[miradav]

Thks dannyboy660

[dx100uk]

even if you WERE in the UK

 

they cannot touch your pensions.

 

these muppets have NO LEGAL POWERS.

and i ve NEVER heard of a court ever dipping into peoples pension to grab civil debts if it ever went that far!!!

 

dx

[miradav]

Thks DX

[Uptotheneck]

Plus you say its 6 years, is this six years since payment or acknowledgement?

If so, then it is statute barred anyway.

 

 

 

Regards

 

David

[dcakiller]

if you have not made a payment of admitted thd debt in the six years that you have been away then it is statute barred and they are stuffed.(beat me to it uptotheneck I must type faster)

[miradav]

Hi All, follow up on this thread, just received a letter from Apex stating that if I do not contact within 72 hrs they will pass this to their international lawyers, where do i stand on this, with the economic climate as it is I have just enough money to survive here in the Philippines. The as been passed on to them from another DCA. Have taken advice of other threaders on this site to ignore it. Been out of UK for over 10 years now. The original debt was to Barclays Bank on overdraft Approx 3000 pounds.

The debt started when I was in Kuwait working and the cost of living was so high in 2002, and carried on here in the Philippines till I had my pension transferred in Dec 2009 to my local account. Barclays closed the account down in January 2010. Reason for transfer was that Barclays were charging to much on the account which was pushing me further in the red with them. Sent them a letter in February 2010 stating the situation I was in and had no reply from them, except thro DCA's.

Any suggestions woul be welcome.

 

Dave

[postggj]

Apex Are Cretins

 

Stop Talking To These People And Ignore Them

[miradav]

Thks postggi, Just a footnote, the agreement for the overdraft was taken out in 2000/2001 I believe, Does the 6 year limitations apply?

[cerberusalert]

Does the 6 year limitations apply?

Yes.

[cerberusalert]

Hi All, follow up on this thread, just received a letter from Apex stating that if I do not contact within 72 hrs they will pass this to their international lawyers,

They haven't a snowball's chance in hell of taking enforcement where you are.

 

They cannot obtain a CCJ against a no-uk resident, even if they did by using an old UK address you could easily get it set-aside.

[rameses_qc]

Another example of a DCA talking absolute dog dirt. Deliberate lies and misleading rubbish. Who do they think they are? How are they going to enforce a UK CCJ in the Philippines? Send in a troop of SAS bailiffs to abseil from a hovering helicopter and seize your garden ornaments and hold them to ransom?

[cerberusalert]

Thread moved to the Overseas Forum.

[harrassed senior]

Another example of a DCA talking absolute dog dirt. Deliberate lies and misleading rubbish. Who do they think they are? How are they going to enforce a UK CCJ in the Philippines? Send in a troop of SAS bailiffs to abseil from a hovering helicopter and seize your garden ornaments and hold them to ransom?

 

Picturing that has made my day!!

[cerberusalert]

They've more chance of finding Yamas hita's gold /

Ferdinand Emmanuel Edralin Marcos's gold.

[miradav]

Thks everyboby for the info

[miradav]

Hi everybody, Received this from APEX, would liked to know what you think? Extract only seems to be a photocopy of thir standard letter.

 

We have attempted to contact you on numerous occasions without success. Take notice that although you may now be iiving overseas permanently, this debt is still enforceable by law

You have chosen to ignore previous attempts to settle this seriously overdue account; therefore your details will now be passed to our international law practice to commence proceedings against you in your local jurisdiction.

The litigation department of our international law practice instructs local law firms throughout the world to prosecute suits locally; this may result in judgement being obtained against you. Failure to comply with this judgment may result in enforcement proceedings commencing against your overseas assets.

It is important that you are aware that if it becomes necessary to issue proceedings to enforce the debt, legal costs and fees incurred through this process may be levied to your account and you may become liable for their repayment.

Thanks

[3tea]

Hi everybody, Received this from APEX, would liked to know what you think? Extract only seems to be a photocopy of thir standard letter.

 

We have attempted to contact you on numerous occasions without success. Take notice that although you may now be iiving overseas permanently, this debt is still enforceable by law

You have chosen to ignore previous attempts to settle this seriously overdue account; therefore your details will now be passed to our international law practice to commence proceedings against you in your local jurisdiction.

The litigation department of our international law practice instructs local law firms throughout the world to prosecute suits locally; this may result in judgement being obtained against you. Failure to comply with this judgment may result in enforcement proceedings commencing against your overseas assets.

It is important that you are aware that if it becomes necessary to issue proceedings to enforce the debt, legal costs and fees incurred through this process may be levied to your account and you may become liable for their repayment.

Thanks

 

I have had one of these from Apex too. Word for word the same. I am thinking that this might be in breach of the recent OFT guidelines regarding threatening legal action out of jurisdiction?

[cerberusalert]

They are also sabre rattling, they have as much chance of taking enforcement in the Philippines as Imelda Marcos has of being beatified.