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    • Personally I have always sent the CCA Request to whomever was chasing me because they do have a duty to pass it on to the creditor, however in this case maybe sending it straight to TSB would be good. make sure you keep copies of everything
    • That is somehting to shove home in your WS, VCS will claim that they areall one and the same but Companies house doesnt have any connection between any of simon R-S's businesses. If one was a subsidiary of anither then you can be sued in the name of a different co but that doesnt apply.  there is a previous court report on this on the Parking Pranksters blogspot somewhere. Copy it and use it in your defence
    • While I think Doyle will be used by many a DCA particularly if they are against a LiP, it really does depend on each case. For example, my old Capital One card gave a very specific process which outlined what would happen prior to a DN being issued and pretty much when it would be issued. As it happened they didn't issue a DN and Lowell lost in court.   Peoples opinions change rapidly on forums and I can't remember who said what about BMW v Hart although my view was always, to be on the safe side , the initial COA was the remedy date for a DN. Don't get me wrong, I would have tried six years from the date of the first missed payment if I had to but luckily I never did.   I think it is always very easy to play fast and loose with other people's claims , after all, the only thing that we will suffer if they lose, is our pride. If someone wants to defend a claim and they honestly have a case, all we can do is advise.    I also would, if possible take more than just limitations into court - you only need one thing to be on your side and you win- it is up to the DCA to prove they have all their ducks in a row. There is a lot more to enforceability than just the agreement.    
    • Hi I have received a parking charge notice for overstaying on kfc through the post from civil enforcements ltd. I was 16 minutes over due to the fact that my little ones were playing up and not eating their meal. Annoyed we left the restaurant and wouldn’t allow them ice cream to cut a long story short by the time I’d put them in their car seats I’d given in so I drove through the drive in and collected ice cream to take home. I was parked in a disabled bay with a blue badge I hadn’t noticed the new signs of limited free parking. I was with friends who were on the car park longer than us and didn’t get a fine. I have to appeal by Tuesday. Do I appeal or wait?      1 Date of the infringement 03/01/2020   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] [scan up BOTHSIDES as ONE  PDF- follow the upload guide]  07/01/2020   3 Date received 13/01/2020   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y   5 Is there any photographic evidence of the event? Not on letter   6 Have you appealed? [Y/N?] post up your appeal] N Have you had a response? [Y/N?] post it up   7 Who is the parking company? civil enforcements ltd   8. Where exactly [carpark name and town kfc, Fenton,stoke on Trent 
    • It would be very helpful if you would post up the threatening letter from EDF – redacted for identifiers but in PDF scan format. Thanks
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kbob

EU Debt - Enforcement of UK judgments.

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It would seem to be much safer to live within the Lugano countries if trying to avoid UK creditors. Enforcement of default CCJ judgement requires proof of original service.

 

I would love to know if anyone has ever had a DCA chase UK debt within the Euro Zone and what happened? in regards to EEO EPO and what happens if a EEO, EPO is contested based on default UK CCJs?? How much money will DCAs spend on these legal procedures with no guarantee of success?

 

Anyone got a story to tell?

 

 

Enforcing an English judgment in a member state

 

The United Kingdom (and hence England and Wales) is bound by the Brussels Regulation. It is also a contracting state to the Lugano Convention.

The Brussels regime enables the recognition of English judgments in other member states without needing to issue fresh proceedings in the enforcing jurisdiction.

“Judgment” includes:

 

  • An order for costs.
  • Many interlocutory orders (but not those relating to the conduct of the proceedings themselves).
  • Injunctions (although there may be difficulties enforcing, in certain jurisdictions, orders obtained “without notice” such as freezing injunctions).
  • Decrees for specific performance.

Procedure

 

The procedure to enforce an English judgment in another member state is as follows:

 

  • Make a “without notice” application in the enforcing state for the judgment to be declared enforceable (Article 38 of the Regulation or Article 34 of the Convention). While in theory this provision should override any local law requirements of notification, local law advice should be sought, as in practice there may be important modifications.
  • The appropriate body to which the application should be made in the case of each member state is listed in Annex II of the Regulation or Article 32 of the Convention.
  • The procedure is a matter of local law – instruct local lawyers.

There follows a summary of what should be produced to the court in the enforcing state depending on whether you are operating under the Regulation or the Convention. This may vary in accordance with local law. Always instruct local lawyers.

Requirements on an application for recognition or declaration of enforcement under the Brussels Regulation

 

 

  • Copy of the judgment.
  • Certificate in the standard form set out in Annex V of the Brussels Regulation.
  • Certified translations of the above, prepared by a translator qualified in enforcing state.
  • Any other documents required by local law.

See Articles 53 to 54 of the Regulation.

Requirements on an application for recognition or enforcement under the Lugano Convention

 

 

  • Copy of the judgment.
  • In case of default judgment, the original or certified true copy of the document establishing service of the claim form (or equivalent).
  • Opinion or other document establishing that, as a matter of English law, the judgment is enforceable (an affidavit or witness statement sworn or made by an English qualified lawyer would be an appropriate document).
  • Evidence of service of the judgment on the defendant.
  • Certified translations of the above, prepared by a translator qualified in the enforcing state.
  • Any other documents required by local law.

See Articles 46 to 48 of the Convention.

Enforcing the order

 

Once an order for recognition or enforcement has been obtained, consider applying to the enforcing court for a freezing injunction or other protective measures to safeguard the assets in that jurisdiction. You can do this even if the defendant is appealing the decision to authorise enforcement.

It may be possible to obtain interim protection even before recognition; this should be considered particularly if there is a concern about, for example, dissipation of assets or to prevent continued unlawful activity.

Under the Brussels Regulation a judgment from a Regulation state is to be declared enforceable immediately on the completion of the formalities set out in Articles 53 to 54 of the Regulation. There is no power for the court in the enforcing state to refuse enforcement of its own motion by reference to the grounds for refusal that are set out in Articles 34 and 35 (see below). The only grounds for refusing enforcement at this stage are that the formalities in support of the application have not been complied with (that is, the documentation is faulty). Recognition can, however, still be refused by reference to the grounds set out in Articles 34 and 35 (see below).

By contrast, under the Convention, the court in the enforcing state has the power of its own motion to refuse enforcement at this stage by reference to the grounds set out in Articles 27 and 28 of the Convention.

If there is a refusal by the courts of the enforcing state to recognise or enforce, consider appealing. The appeal decision may then itself be appealed by either party. The relevant appeal body (in the case of each member state) is set out in Annex III of the Brussels Regulation or Articles 40 and 41 of the Convention. The Convention and the Regulation are silent on the question of time limits for appeals. Seek local law advice on this point and regarding procedure on appeals generally.

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Thnx for that post, I've copied most of it to a Sticky http://www.consumeractiongroup.co.uk/forum/overseas-debt-overseas-account/250889-can-i-sued-overseas.html & tipped your scales. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

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I have Shoosmiths acting for Nationwide chasing me, they have a CCJ against me taken while I still had a house in the UK, now I don't they want me to fill in an I&E for them to see how much they think I can afford, even though I have made numerous offers through Payplan they still won't go for that, they said they will continue legal action if nothing is agreed. That debt is for 4800 pounds.

 

I also have Eversheds acting for Nationwide, they didn't get a CCJ but are threatening legal action in the Netherlands, they didn't say how, if we don't agree a monthly payment, they also ignore the Payplan offer and want me to fill in an I&E for them, the debt is about 8500 pounds. I am paying them 18 pounds a month but I actually think they will accept something like 30, the first solicitor hinted at this months ago when they tried to take me to court but I managed to stall them by getting it throown out for having the wrong paper work and then kept them going until after the house was sold so they couldn't continue with it thinking that after that they couldn't touch me but having read this I don't know anymore.

 

I'm going along with Shoosmiths for now until they tell me to repay a stupid amount, I think they will ask too much when they ignore the I&E and just decide how much I have to repay anyway.

 

Eversheds I'm being a bit more cocky with, I have refused to fill in their I&E saying that I filled one in for Payplan and that they have a copy and that is what they should stick to as my other creditors have.

 

Not sure what will happen, any advice is welcome, they both have a PO box number for me here in the Netherlands but no proper address and I am cooperating with them but try to stear them towards the payplan offer as much as possible which they have both been receiving for over a year now.

 

I'll keep this posted with what happens.

 

Is this the sort of case you were looking for.

 

 

Thanks

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One question, I just reviewed the credit card agreement from the Nationwide for the Eversheds case, there is no creditors signature where it says 'on behalf of the nationwide' does that make it unenforcible anyway?

 

Thanks

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I'm afraid not, it is seen as de minimis by a court.

 

Have a read through http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html to see if you can spot something else.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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