HSBC have sent in the Americans to collect.

[cerberusalert]

I am living in fear that bailiffs will be sent to my door or worse.

Can the Americans do anything to me or my home?

 

In a word no, not unless they've obtained a CCJ here in the UK which they would have to ask a Spanish court for permission to enforce & they cannot obtain a CCJ against a non-UK citizen.

 

They would have to take this through the Spanish legal system which given the amount allegedly owed would not be financially viable for them. They are sabre ratling and trying to intimidate you into making payment, just ignore them.

[cerberusalert]

Do not speak to them on the 'phone, tell them you will only correspond in writing.

 

By asking you to borrow money they are in breach of OFT guidelines & if they are acting on behalf of HSBC it is the bank who will be held responsible for their actions.

 

They cannot send in bailiffs or repossess your property without a court order & they won't be able to get one.

[cerberusalert]

I doubt very much whether they will pass it on to a 'local agent' & even if they did they will be easily dealt with. They are trying to intimidate you.... don't let them do it.

 

It is a UK debt covered by UK law, the CCA 1974 & CPUTR. When and if a 'local agent' gets involved they will have to prove the debt exists, how much & they have the right to recover it along with a copy of any agreements & a statement of a/c.

[cerberusalert]

Is this company like most debt recovery companies wherein they buy the debt from a company and try and get what they can from the debtor or is this company actually working for HSBC?]

they will probably have bought the debt for a fraction of it's value from HSBC. The bank will have sold it for around 10% of it's value & then claimed tax relief. The DCA will be chancing their arm hoping that they can intimidate you into making payment. Ignore their emails & 'phonecalls they will eventually probably offer you a lower settlement figure hoping that they can make some profit.

 

Basically there is nothing they can do, they will not spend too much time, effort or money chasing this. They will move on to other fish.