Australian Credit corp chasing me for dept i now live in France

[hyabusa]

Hi everyone sorry for this but i am new to this,

I lived in Oz for a couple of years and now live inbetween France and UK,i seprated from my wife in Oz and returned to the Uk so did my ex and i have a dept of $30000 which Credit corp has sent me a email demanding payment,

The 2 cards were in my name so the dept is mine,i ran out of work so had to return.

I have recieved a couple of emails stating that if i dont sort it out they will pass the it to a overseas agent,

 

what can i do?

 

and most important what can they do.

I have assets in Europe which i had before i left uk.

 

 

i returned back last year so the last payment was a year ago.

 

great site.

 

Thanks

[cerberusalert]

I can't comment on any action they may try in France but there is a case ongoing now where Creditcorp/Stevendrake are trying to bring an action here in the UK, see; http://www.consumeractiongroup.co.uk/forum/showthread.php?298927-stevensdrake-just-sent-court-claim

[hyabusa]

Sorry

That should read chasing me for debt

I was sat in my car using McDonald's wifi

:doh:

[krios]

As you have spent time in France you will probably know how the French just love red tape. I was told recently that it takes upwards of two years to reposes a house after mortgage payments stop. The French legal system is notorious for its complexity and it takes for ever to get anything done.

[hyabusa]

Thanks for that,

 

yes France has some great protective ways,

 

i am returning back to the Uk for a couple of months. so apart from emails i have no contact address.

 

thanks again

[John1987]

The French legal system is meant to be one of the best in Europe, however, it is very very slow, so if you have any cases to file it should be done quickly.

If you want it to be done quickly however, you have a special law where you can have your problem solved far quicker.

(I think its called jurisprudence, I forgot the term)

hope this helps!

[hyabusa]

Hi

Can anybody advise me on the following

I have received a email today regarding a debt i have in Australia,

I live in France and the email is of a french company of receivers who are acting on behalf of credit corp stating that if i do not contact them within the next week the will enter my bank account and paycheck and freeze both,

Do they have the right to do this,as the debt is from Australia.

The debt is 2 years old.t

Thanks

[renegadeimp]

They wont be able to do tbat without court orders and it is very very rare that they are granted due to jurisdiction issues. Theyre just trying to scare/threaten you.

[BankFodder]

Very sorry to hear that you live in France - especially if it is Paris.

 

Consumer rights are very poor in France. It really is all a bit Sovietic. No one challenges the big business interests there -and if you are a customer of Orange.fr, for instance then you will know that they are a shambles and not at all consumer-facing.

 

There is a sort of half-hearted consumer advice service but you should visit your local townhall - the Mairie - and they will be able to tell you more about it.

 

There is an organisation called 60,000,000 de consommateurs which is worse than useless and almost inaccessible.

 

I would think about contacting your bank. If you get on with them, then go and make an appointment with the manager and ask him/her. They tend to be more approachable than UK banks - for the moment.

 

I can't imagine them being able to access your account or intrude on your worklife without a court order which would require a judgment in Oz and then the judgment would have to be accepted in France and an order of the French court would have to be made.

 

If it isn't a whle lot of money then I can't imagine anyone bothering.

 

When you find out the definitive answer, please do let us know.

[cerberusalert]

Ah yes, Creditcorp up to their nonsense yet again. Have a read of http://www.consumeractiongroup.co.uk/forum/showthread.php?307717-Fair-Debt-Collection-Practices-In-Australia and then make a complaint to the ACCC & ASIC in Australia about their breach of Fair Debt Collection Practices.

[cerberusalert]

Thread moved into the Overseas forum.

[unclebulgaria67]

Write back in French.

 

Perdez-vous, vous parlez des ordures et les divers organismes de réglementation seront informés.

[BankFodder]

By the way, I think that there is a standard limitation period in France of 3yrs

[hyabusa]

Write back in French.

sorry i do not understand your message

[hyabusa]

Thanks everyone,

it is for a small amount i guessed it would be hard for them as the debt was in Oz

[cerberusalert]

In the vast majority of cases it is just not viable to chase an overseas debt through the legal system which is expensive and time consuming, they much prefer to make a fast buck and if people make things difficult for them, after a while of huffing and puffing they move on.

 

Creditcorp are responsible for the actions of any of the agents they use so are ultimately answerable to both the ACCC & ASIC in Australia for breach of debt collection guidelines by the fact that the French Bailiffs have claimed they will;

'enter my bank account and paycheck and freeze both'

[hyabusa]

Hi can anybody shed some light on a company called GCS group a company of Debt collectors

And what legal rights do they have in Europe

Thanks

[maroondevo52]

Hi,

 

I've moved this thread to the appropriate Forum, you should get some help shortly.

 

Regards.

 

Scott.

[cerberusalert]

Global Credit Solutions

 

It purports to be the world's largest debt collection company, mind you Trotters Independent Trading advertised offices in Paris & Rome but it didn't mean it was true.

 

A bit of history about the debt would be advantageous otherwise we'll just be having a stab in the dark with regards to advice.

[cerberusalert]

I've just checked your other threads to get the SP.

 

Global is another Oz debt collector so it looks as if Creditcorp have passed it on to them hoping a change of tack will have better success for them. The same advice given on your previous threads still holds.

[hyabusa]

Hi

I am in France

i have recieved a letter of a Huissier de justice about a debt i have with credit corp.stating that they are taking proceedings against me to enter my House and take goods

and the carte grise on the car (which is not mine anyway),

what advise could anone offer,

thanks

[cerberusalert]

You really need to speak to a French lawyer but as far as I'm aware they cannot use bailiffs unless they've already got a judgment which they'd need permission to enforce... i.e the bailiff.

[hyabusa]

You really need to speak to a French lawyer but as far as I'm aware they cannot use bailiffs unless they've already got a judgment which they'd need permission to enforce... i.e the bailiff.

Is there anywhere i check if they have a judgment against me

[cerberusalert]

The only thing I can suggest if it's an Oz debt is the ASIC http://www.asic.gov.au/asic/asic.nsf who may be able to offer advice.

[marmaris30]

You need a lawyer, especially if you're in a major city where things move faster. How good is your French?

 

What is the title of the document (is it an 'acte')? There are three stages of enforcement and you need to know which one you're in, out of 'amicale', 'judiciaire' and 'saisie'.

 

EDIT: this page seems to give a pretty good summary of what they can and cannot do, in French http://interetsprives.grouperf.com/article/0651/ms/intprims0651_6050.html

 

The huissiers (bailiffs) do everything from starting the action (you might be at this stage - this would include serving notice of an application to enforce a foreign judgement), agreeing a payment plan, and ultimately levying and then seizing goods.

 

Once they have permission to enforce (judiciaire stage), you have 8 days to do something about it before they can visit, so I think time is of the essence here.

 

Be aware that they have a power that English bailiffs/HCEOs do not: they can call a locksmith to force entry in the presence of a policeman/gendarme or various other officials. However, they are also obliged to secure the door afterwards, probably at considerable cost.

 

That's the limit of my knowledge I'm afraid. I don't mean to scare you but you don't want to mess with the huissier. On the other hand, the French courts themselves are notoriously slow and unpredictable, so a good lawyer should hopefully be able to jam things up nicely.

Edited August 7, 2012 by marmaris30