HELP !comunity fees from spain being chased by european community fees .com in UK

[unclebulgaria67]

Who is "he" - if you mean me, you don't know my name so you can;t check it. If you mean one of the others that have been named, then the question displays a woeful ignorance of the whole process. This is the problem with this thread - it is being filled with rubbish by ignorant people.

And I mean that kindly.

 

As one of those ignorant people ( I am and don't mind admitting), please could you educate me on this area of debt collection ? Are there any internet links you can provide which explain the legalities of how companies like European Community Fees operate ?

[unclebulgaria67]

Murfe

 

I have been doing some reading up on this. For European Community fees to take any action about this debt, them or their clients in Spain, need to go to a Spanish court to obtain judgement. They have to tell the Spanish judge that you are in the UK and they wish to apply to the UK High Court for the judgment to be enforced in the UK. They then have to make a relevant application in the High Court in the UK, providing all the relevant information. There are various hurdles that have to cross before they could this. So it is not a straightforward process, whatever anyone tells you.

 

If you are going bankrupt you would probably be wise to get hold of this debt information from the owner of the debt, not European Community Fees and to include this within the bankruptcy. That way, once it is included in the bankruptcy, then can't come back later to use the courts to enforce in the UK.

[cerberusalert]

A claimant can apply for a European Order for Payment (EOP) to recover money owed to her/him by a defendant in a cross-border case anywhere in the European Union (EU). The procedure will make it easier and quicker for claimants to recover uncontested debts from defendants in other EU countries. The procedure can be used in both civil and commercial matters. The EOP will be recognised and enforceable as if it were a domestic judgment in all Member States except Denmark. If the defendant opposes the EOP, the case will move out of the European procedure and be governed by the civil procedural law in the Member State in which the claim was issued.

[unclebulgaria67]

A claimant can apply for a European Order for Payment (EOP) to recover money owed to her/him by a defendant in a cross-border case anywhere in the European Union (EU). The procedure will make it easier and quicker for claimants to recover uncontested debts from defendants in other EU countries. The procedure can be used in both civil and commercial matters. The EOP will be recognised and enforceable as if it were a domestic judgment in all Member States except Denmark. If the defendant opposes the EOP, the case will move out of the European procedure and be governed by the civil procedural law in the Member State in which the claim was issued.

 

So they can apply to the High Court for an EOP, which can then be disputed (must be done within 30 days) and after this normal court processes will need to be followed. If the EOP is not disputed within the 30 days, a judgement will be made in default.

 

This link explains it quite well.

 

http://www.higgsandsons.co.uk/news--events/legal-matters-/issue-6/beware---the-european-order.aspx

[cerberusalert]

The last part is the crucial bit;

 

The important point to bear in mind is that the EOP is not, in the English sense of the word, a "proper" Court order to pay money, it is more of an invitation, which if not rejected, will lead to a formal Court order requiring the sum claimed be paid. Advice should be sought as early as practically possible, especially considering jurisdictional issues that may arise, which is a whole new set of issues to ponder over!

 

So the hype used on certain websites makes the process of obtaining a EPO far too simplistic.

 

The odd thing is they state that no fees are charged to their clients so where in fact do their fees come from? Unless they are 110% certain that any defendant has the assets or ability to pay an EPO should they win they will be on a hiding to nothing.

[MARTIN3030]

We have had a user by the name of opsdir previously posting in this thread from European Community Fees.

As is policy for any members claiming to be official reps,they were asked to contact CAG Admin so that their brief could be verified.

Unfortunately,they did not do so,and went on to try to post further.

 

We were then alerted to their blog in which they make unfounded claims including appearing to suggest that we have not allowed them to post on here,yet fail to mention our requirements from them.

Their blog invited a response,and at least 3 members of the site team responded there.

But for some strange reason none of those were approved,and we now see that they have all disappeared from awaiting approval queue.

 

We asked them to confirm if they were properly licenced,and in particular to give us details of any CC licences,and to confirm these were still valid.

We also asked,if they were compliant with Consumer regulatory codes of practices,as well as any of those they may be affiliated to in the way of trade associations.

 

Perhaps Eoin Hirst will be a little quicker to respond to these questions,along with others posed,as he was to undermine The CAG in the blog ?

 

We are waiting !

 

[Murfe]

Thankyou ALL ever so much I started this thread for genuine help and I feel I have been getting IT .

First some reassurrance when faced with such a daunting letter you don,t know how much even just a message of support like that can mean when faced with what seems a very formidable Bailiff company (or whatever they are!) I know and understand that some answers may not be totally accurate but the beauty of this forum is that discussion and assistance comes in from various members and any advice is genuinely given. That questions are researched by various people and a clearer picture emerges as the process evolves which does help a lot.

I felt that Stupidboy is NOT Stupid at all and seemed very knowledgable there just seemed to be a little venom in his responses unsure why, whether that was just on viewing other peoples posts that with his knowledge he found it frustrating. When asked a simple question of his relationship with the company I requested help on, he got very defensive "nothing to do with you or this site" . I Thank you Stupidboy your knowledge is helpful but as mentioned it seems odd I have been very fortunate to get your input based on your history of use.

The previous post by Site Admin suggests all is not right with this company..... not willing to join as a company and meet your requests for information to show they do act with integrity.... maybe your advice to me was right don,t contact them as there seems to be some uncertainty in their practices.

One important point you mention re Euro enforcement order if they take it to the High Court here for a writ won,t they or the High Court inform me first or do I just find out when they get here ? ( i doubt the euro order has happened have you been in Spanish courts recently !).

[Murfe]

Sorry I missed the link which explains the order enforcement process. I also wondered as we moved 2007 (our old uk address being reposessed) the community probably still have our old address could a EOP be sought and sent to our old address then enforced at our present address with this company NOT telling the court that we are at a different address.This way getting a writ uncontested and serving it on us !

So they can apply to the High Court for an EOP, which can then be disputed (must be done within 30 days) and after this normal court processes will need to be followed. If the EOP is not disputed within the 30 days, a judgement will be made in default.

 

This link explains it quite well.

 

http://www.higgsandsons.co.uk/news--events/legal-matters-/issue-6/beware---the-european-order.aspx

[unclebulgaria67]

I would not worry Murfe about the letter you have received. Whoever tries any action should make the court aware of your current address. If ECF have found you, then there is no reason why other would not also. You would receive something from the courts to confirm that an application had been made, if it happens.

 

As advised previously, if you can find out from Spain about the debts there, asking for it in writing in English, you can include in UK bankruptcy. This would then stop anyone trying to enforce the Spanish debt in the UK. Perhaps enquire when you are over in Spain, signing over the property.

 

In regard to so called experts on High Court enforcement/Lord Chancellor and these old strange laws, that were referred to, I would take this as a bit of nonsense made to get people thinking they have special powers. They are subject to various laws and need to be registered properly. There is a process that has to be followed, with court applications made. You would get notice of these and be able to defend as needed. I don't think I would be responding to any company, that I was unsure about.

[cerberusalert]

It has been known for CCJs to be obtained using a previous address so it's not beyond the bounds of reason that a EOP could be too. However if you have received post at your present address regarding this if anyone does or have applied using a previous address it would be an abuse of process & could be set-aside.

[cerberusalert]

The fact is that an 'enforcement officer' can only enforce a court judgment, in the absence of one they are just bog standard debt collectors.

[Murfe]

Thanks Guys . I got forms from Court today not long now ! I noticed Co-Op after many years have stopped doing bank accounts for bankrupts BUT looks like Barclays do which have to be set up after bankruptcy. This site has been awesome in all the advice and assistance it has given me/us we cannot reccomend it enough. As soon as possible we will be making a donation I hope everybody does when if they can. You know life is like a circle really I was looking back at old posts when 42man was helping stupidboy with his issues in 2008 4 years ago. Some of you guys even longer thats really useful also Uncle Bulgaria always quick to respond .

Have,nt had the flight offer through from the Spanish bank so will be listing that mortgage debt too with receiver and forgetting about flight to Spain if receiver agrees !.

The Spanish have been agreeing to take the property back for years maybe they need a little more funds from Germany first :

[cerberusalert]

Barclays are the only bank left now that will accept bankrupts

 

You would probably need to include the Spanish debt in your BR anyway as it would be classed as an asset albeit a negative one, but at least it can't come back to haunt you at a later date. Things will eventually get back to normal and you will be able to put the things that have happened the past few years behind you and get a fresh start.

 

Meanwhile the Fat Cats will get fatter.

[Murfe]

Yes have included the Spanish debts hope this post helps others that may be in a similar postion will keep you posted on how the BIG day in court goes re our bankruptcy.

We,re getting there we have our good and bad days my wife has had a tearful few weeks, well we,ve had this for the last few years now to be honest.

The recent letter from this firm really pushed the boat out in being intimidating (I suppose that is their job) you can read my old posts for the full story anyone. The old posts show quite a history just click on my profile and see old posts.

I would just urge anyone in trouble this forum is a god send on each point and challenge we have faced this forum has been there.

IF YOU ARE GENUINE THEN THIS SITE WILL HELP AND PROVES THEIR IS SOME GOOD GUYS OUT THERE !

[havinastella]

Glad we could help murfe.

[scl]

Hi Murfe,

 

I am now facing a similar situation to you - being chased by a UK debt collection company called CommunityFees.com for spanish community fees.

What's the latest with your situation?

 

Thanks.