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lucynv

A belgian with debts in Belgium but now living in the UK

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My Belgian parter took a loan for 35K Euros to help his fathers business( stupid i know) but his father promised to pay it, then the company went bankrupt, as the debt was in my partners name he had to pay it,in fact his father never paid it butbecause my partner was working he could pay it. We have recently moved to the UK as my parter found himself jobless and as i have my own home and a job in the UK. He continued to pay the debt with my help but he could not afford it as his job here does not pay well. He wrote to the company and asked them to freeze the interest or extend the payment time to make the repayments less but they refused... so in short.. he stopped paying it.. we have heard nothing from the loan company since april. He has no assets here or in Belgium... can anyone suggest a course of action?? would bankruptcy be the best route?? what annoys me the most is that he didnt even enjoy the money!! he was foolish but we trust our parents not to screw us over. Also, what is the usual timescale if the loan company in Belgium pursues the debt through the courts here? cheers Lucy

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Under the circumstances there is very little the original creditor can do. Although there are reciprocal agreements within the EC which enables them to take enforcement action cross border the most they can do is serve him with a Statutory Demand which could eventually lead to his bankruptcy.

 

If he were to declare bankruptcy himself it would cost in the region of £750, if they were to do it it would cost them considerably more & they would be no better off. Obviously he has no assets anywhere, no one is responsible for his debts but himself so in a nutshell they would be urinating into the wind & getting themselves extremely wet at their own expense. ;)


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thanks for that, the other thing i forgot to mention is in the letter they sent in April, they said they would contact his employer and get the money back from his salary... is this allowed?? apparently this is commonplace in Belgium

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i forgot to mention is in the letter they sent in April, they said they would contact his employer and get the money back from his salary...
Not without a UK court order they won't & to get that they would first have to obtain a UK CCJ which he would have had to defaulted on.

 

Given that they haven't been in contact since & he's received no court documents they have probably done a search and realised that it wouldn't be economically viable to pursue. However, they may sell the debt for a fraction of it's value to a Debt Collection Agency.


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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oh no!! a debt collection agency! good grief... if they come to my home can they take my stuff as we live together? He has nothing here, it is my home, my mortgage etc etc...he sold everything in belgium to enable him to continue paying the debt.. im a bit worried about burly men coming to my door now. so if a debt collection agency come knocking what do we do? Im really green with situations like this and now a bit scared.

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A debt collector has no more rights than your window cleaner & he cannot come into your house and remove things without getting arrested for it. ;)

 

As I said earlier, no one is responsible for his debts other than himself... certainly not you. no-one can take any of your property so don't worry.


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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