Dutch collection agency contacting me in uk

[cerberusalert]

Two threads merged

[renegadeimp]

Obvious attempt to try and get your location.

What you need to do is find out if they can actual litigate due to jurisdiction concerns, and if the Netherlands have the equivilant of statute barred legislation.

 

Under english law the debt would be SB'd and unenforceable.

[cerberusalert]

Obvious attempt to try and get your location. What you need to do is find out if they can actual litigate due to jurisdiction concerns, and if the Netherlands have the equivilant of statute barred legislation.

 

Under english law the debt would be SB'd and unenforceable.

 

Under english law the debt would be SB'd and unenforceable.

It is a mortgage debt & has a statute of Limitations of 20yrs in the Netherlands.

[renegadeimp]

Ahh gotcha. Learn something new each day : )

[sirdrumsalot]

Hi all another update,

Received a letter today after the last one in August 2012 threatening court action saying that if i dont pay or get in touch in 7 days they will instruct a field agent to come to my home to obtain payment in full or a mutual payment agreement.

 

Further to this it states that said agent will compile a list of any assets that can be levied upon and conduct an investigation into my financial and employment status including and not limited to interviewing neighbours and conducting land registry and credit searches and that all credit searches are recorded and may effect my ability to obtain credit.........

 

Questions to you guys:

What do you make of this?

 

Why havent they just gone through the english courts as they were threatening to in last letter is it because its statute barred as the mortgage was paid off by sale of the property the amount owing is debt?

 

This letter to me seems to be a quite aggressive threat but is it an empty threat because they realise they have no legal way of recouping this debt?

any input would be greatly recieved cheers.

[unclebulgaria67]

There is nothing stopping them using a UK tracing/debt collection agent to make relevant checks. They may phone neighbours to see if you live at the property. They may send a collection agent to your door to see what your position is, but they have no powers. They would need to have a court judgement to enforce payment and even then it is not straightforward. The UK agents would have to follow OFT debt collection, as well as data protection rules.

 

My take on this is that it is either a last attempt to gain payment agreement before they sell on the debt or before they hand it over to their legal people to take forward court action. Often there is a reluctance to take a debtor to court, as they will then incur additional charges that they might not get back and also it complicates matters if they sell the debt on.

 

Wait to see what happens next, if anything. The thing is that if they sold you property for a reduced price at auction, there will probably be a debt and they have up to 20 years under Dutch law to take court enforcement. I really think you should make enquiries with debt advisors in the Netherlands and find out what your rights are. There may be ways in which you can deal with this now, rather than live with this debt lurking.

[sirdrumsalot]

Thanks for your advice ..

.sorry i wasnt very clear the debt has already been passed on to cci legal based in Wales and all letters have been from them which i have no intentions in replying to it is this DCA that was threatening with the court but now is trying more aggressive tactics i have no assetts or savings so i am prepared to dig my heels in and see what happens,what do you think?

Thanks.

 

Also in Holland the property will have sold for the value they have a different system it gets valued and then that is the price it sells for no haggling there and it wasnt actually a auction sorry for misleading info

[unclebulgaria67]

Thanks for your advice ...sorry i wasnt very clear the debt has already been passed on to cci legal based in Wales and all letters have been from them which i have no intentions in replying to it is this DCA that was threatening with the court but now is trying more aggressive tactics i have no assetts or savings so i am prepared to dig my heels in and see what happens,what do you think?

Thanks.

 

Yes I agree, dig your heels in. Treat the letters as a phishing trip for a debt that is not owed.

 

As CCI legal, they should be aware of the rules in the UK.

[unclebulgaria67]

CCI are just a normal debt collection agency, so have to abide by the OFT rules for debt collection.

 

Their letter may actually be in breach of OFT rules, so you could make a complaint to the OFT if you wished to do so.

[keldavmet]

Hi Sirdrumsalot-how are things going, only asking as I am going through a similarish situation myself from a German company, please see my thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?333134-Uk-citizen-with-debt-in-Germany-please-help./page7

 

Its got to the point now where they are threatening an enforcement order, but that was just a few days ago, so will have to wait for the new yr to see what happens, hope things are going ok for you.

[sirdrumsalot]

Hi,

Here is an update,

Its been since December 2012 I have moved house

, CCI legal have somehow got this address and have been sending almost every week a letter asking me to get in touch regarding this debt, same old threats of a possible collector making a visit to receive FULL payment or discuss repayment scheme,

 

also same letter as 12 months ago saying they will refer to client to seek advice on legal proceedings,

 

are CCI not the client now if they have bought the debt?

 

I still have not been in touch with them and i will not get in touch EVER!

I have a perfect credit rating,

have had not letters from any courts etc.....

 

The letters look like they are automated as non are signed in ink just straight out of a machine...

 

.I have also had a few E mails which basically say the same as the letters which is not a personal e mail address which i have now added to my blocked list.

So wont get any more of them.

 

Is it worth while sending some kind of letter asking them to not send any more letters....does a template of this kind of letter exsist?

 

Or am i just fanning the flames?

 

Any more advice from you guys would be a real help....

.Thanks in Advice,

SirDrums.

[renegadeimp]

I would get in touch with the the regulator for the dutch company and file a full complaint for continued harassment.

[sirdrumsalot]

Hi thanks for the advice, does anyone think this debt can be reclaimed by CCI Legally?

 

Does anyone know of a template letter i can send to the collection agency that requests them to stop sending post for debts that are statute barred?

 

Or do i just keep putting the letters in the shredder from now to eternity?

 

Thanks.

[renegadeimp]

Unless there is an agreement in place between the countries, then no. They cant do anything. Even if there is, they would need to think hard about whether it is worth chasing a small debt compared to the cost of bringing action in another country.

 

Also remember that they are acting on behalf of someone else, so theres nothing they can do. They know this, so they are threatening you. Notice how they state each time they have to relay info back to their client. Umm hello DCA, YOU are the client.

[sirdrumsalot]

Well cheers for that it sounds like they ARE just fishing after all, it is so worrying tho especially as the debt is for 40k Euro

but i have had letters for 18 months + now and thats all it seems to be ,letters and some e mails,just dreading a knock on the door

[renegadeimp]

If they want to send someone across europe to knock on your door, let them. The look on their face after theyve travelled over half of europe, when you tell them to bugger off would be priceless.

[sirdrumsalot]

HaHa yeah i suppose especially when I tell them in their own language .....But would it not be someone from CCi Legal that would come a knocking?? Could they have bought the debt?

[renegadeimp]

Doesnt matter who it is. They have no legal right to knock at your door unless you make an appointment with them.

 

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

[sirdrumsalot]

Hi Guys,

 

UPDATE!

Had a letter through the door today HANDPOSTED from Capital recoveries dms stating they had knocked at the door concerning this debt and that unfortunately no one was in and that more visits would be made but would prefer me to contact them (mobile number ) on letter quoting reference number and that attempts have been made for contact to no avail.

There is no record of this debt on my credit history.

i am able to get debt loans car cards etc.

 

I am unsure of my rights now what to do as this seems to be their last card to play?

 

Can someone please help in simple terms we have just had a baby and knocks on the door are very unsettleing,

Hope there is someone out there that can help?

Thanks in advance. SDA

[unclebulgaria67]

If the debt is more than £750 they could be looking to serve a statutory demand (SD), which enables them to then issue a bankruptcy petition. Just googled them, as they do act as process servers for SD's as well as general debt recovery.

 

I would suggest that you find out what they are up to by phoning them. Record the call if you can. If they want to serve the SD then you should let them, as they will eventually just post it to you or put it through the letterbox anyway. Once you have the SD in hand, then you can apply to your nearest County Court that handles insolvency to have it set aside.

[sirdrumsalot]

Hi thanks for quick reply,

I not quite sure what that all means but the letter says they want to discuss amicable terms for repayment?

and this debt is from holland and from over 8-9 years ago?

what does insolvency and setting it aside mean?

sorry for my inexperience

[unclebulgaria67]

I think you need to find out why this company are wanting to contact you.

Even if this debt is from Holland 8-9 years ago, if they obtained a court judgement in Holland, then it could still be enforceable in a court.

 

Without any court judgement in that time, I cannot see that the debt would still be enforceable in any court, as it would be subject to a limitations law.

 

If they think they can still enforce the debt in court, they could issue a statutory demand, asking you to come to a repayment arrangement or they will seek to make you bankrupt.

 

The statutory demand is simply a standard form issued by your creditors. It is a form that they must issue you, before they can issue a bankruptcy petition through a court.

 

If you dispute the debt or them using bankruptcy, then you can apply to a court asking them to stop the creditors by setting aside the statutory demand, which them stops them going for your bankruptcy.

 

Find out what they are up to and post back.

If they are just debt collecting then advise them the matter is subject to statute of limitations both in Holland and the UK.

 

Therefore you do not intend to do anything.

Advise them that if they continue to harass you that you will make a report to the Police and will notify the OFT for their next licence review.

[unclebulgaria67]

If this a mortgage related debt, as you have been advised before.

 

This debt could be enforced in any court where you are resident in the EU for up to 30 years.

 

This could well be a statutory demand, with a threat to make you bankrupt.

[sirdrumsalot]

Hi there that is great advice im still reluctant to call the number as i am fearfull of the results

 

they have been sending letters and threats for 3 years now and i am kind of hoping this is just another ploy at putting the frighteners on?

Or maybe i am deluded?

 

Its a tough one i am really considering sitting on my laurels I have told the wife not to answer the door

 

and see what happens, I am really starting to worry now as we have just bought a house too although 99.9%

 

ownership is in the wifes name as i had the fore thought to do this as to hopefully not lose the house if it does in fact go to court?

 

Also there is no mention of cci legal on this letter and all the rest of the letters were from them and seemed to be standard ?

 

If this is the case what is the most obvious outcome?

how should i proceed?

 

is it time to seek legal advice/

 

Just to add i have never made a payment, answered a call, or letter or have acknowledged this debt in any shape or form.

 

after reading other posts someone received same through the door hand posted letter did nothing and then received a letter from their (capital) solicitors asking for full payment or negs over a pm payment or court action would follow ,it didnt then 4 years later letters started again......

..i dont know what to think?

 

also 1 question,

if they intend to take me to court?

why wait so long 3 years since letters 9 years since i left the country where debt originated 9 years in total I cant understand that?

 

To say again i havent paid a penny or acknowledged the debt at all

 

thanks.

Edited December 27, 2018 by dx100uk
Merge

[unclebulgaria67]

If this is the case, then ignore and see what happens. If they want to take this to court, then let them deal with it in the proper way. If you are included on the land registry for the new house, perhaps this is the reason they are now keen to pursue this. They think they have an asset they can go after to get their money. Good thing you have put most of the house in the wifes name.

 

If they do actually issue a statutory demand, you should get proper legal advice.