Uk debt/living abroad

[Pegasus13]

Moved to the Netherlands 30 months ago.Owned house in Scotland.Paid mortgage for 1 year after we left.Due to bank crisis we signed house over to lender.Received today letter from lender European Order for Payment.Can someone please tell us what happens now.

1.We Have a mortgage in the Netherlands,will we loose our house?

2.Can they come to our house and take our belongings?

3.Do we ignore the letter?

4.Do we appeal?

[cerberusalert]

European order for payment procedure (Regulation)

 

Regulation (EC) No. 1896/2006, in essence, simplifies the procedure for recovery of uncontested claims (i.e. claims where there is no dispute over whether the money is owed or not, but where the debtor is unwilling or unable to pay) between Member States. A creditor will fill in the relevant application form, giving a number of details on the claim (e.g. details of the parties involved, amount of the claim, cause of action, brief description of evidence supporting the claim). The court will then issue a “payment notification” which informs the defendant about the claim and gives the defendant debtor an opportunity to lodge a statement of defence. If the defendant debtor lodges a statement of defence, the Order for Payment Procedure is automatically brought to an end and the matter is transferred to ordinary civil court proceedings. If he does not act, the court delivers the Order of Payment to the defendant debtor, requesting payment.

[Mozz1]

B****y European Union brings more grief than benefit. We should leave it.

 

Question: Does Pegasus13 lodge a statement of defence in the Netherlands or in the UK?

[cerberusalert]

It would need to be in the NL as it's been transferred there.

[Pegasus13]

The court in the UK sent the European order for payment letter via a

" messenger in arms" to a gerechtsdeurwaarder to be delivered in Holland. Does this mean that the process has been transferred to Holland or is it just for delivery purposes.

 

The debt is solely from the UK, the statement of opposition would be with the court it came from in the UK am I right??:-?

 

Can this Dutch gerechtsdeurwaarder come to our house and demand payment?

 

Is this just a bullyboy tactic?

 

Any advise is welcome

[cerberusalert]

The debt is solely from the UK, the statement of opposition would be with the court it came from in the UK am I right??

If it came from a UK court then yes respond to them. I assumed it had been transferred & was from a NL court.

[kbob]

Any news on this?????

 

I guess mortgage debt is not the same as UK Credit Card debt that is CCA1974 governed?

 

This is one of the first posts on CAG I have seen where UK debt has generated a EPO EEO to a non UK resident. Is this just because it's a secured mortgage and not unsecured credit card debt - Which I understand to be unenforceable when non resident? Please correct me if I' wrong?

 

- kbob