Chased in UK for a debt contract abroad

[EchoDelta]

Hello guys,

 

This is my first post in this forum.

 

I used to live in Spain were I lost my job and couldn't repay some debts.

 

Now I live in Britain and my situation is better as I have a full time job. I repaid part of my debts back in Spain but not everything.

 

Yesterday, I received a letter from a British collection agency asking for immediate payment of a debt incurred in Spain (credit card actually).

 

I am not evading the debt or something. I even paid part of it a few months ago. However, the Spanish bank is chasing via this collection agency.

 

What to do here? Is the debt enforceable in Britain? Because in Spain I have a judgment of personal bankruptcy. So no one can chase me for a debt in Spain but I am surprise by this move.

 

I continue paying but I would like to know how to remove this collection agency form the equation.

 

I thought about this:

Consumer_Credit_Act_template on this website (I can't post the link)

 

As I don't think they have the proper documents formatted to the British law and usages.

 

Also the figure they sent doesn't take in account what I paid already. So I don't recognise part of this debt.

 

Thank you for your input

[Guest CHEVRA]

You cant be sued in uk for a debt outside uk. presume your debt is with a spainish registred company?

[citizenB]

So you are bankrupt in Spain ?

 

I would have thought this debt would have also been included - in which case you should refer the Collection agent to whomever is overseeing your BR ?

[EchoDelta]

In Spain I am bankrupt. The debt was contracted in Spain and any contract they may have are in Spain and according to Spanish law.

 

I think they realized I am bankrupt in Spain so they are trying their luck in the UK. I never signed anything in the UK, contracted a debt or something.

 

In the UK I am clean and have a full time job. I would like to clean my past life in Spain also but it won't work if I ma bullied by collection agencies.

 

Yes, the company is registered and doing business in Spain.

[citizenB]

I think although you are in the UK.. your thread might need shifting to the Overseas Debt Forum for advice from the guys there.. So I will do this for you. You need do nothing, it is purely administrative.

[citizenB]

Although I am sure others will look in during the day.. IMHO, you should simply refer the UK Debt collection Agency to your Bankruptcy administrator in Spain.

[rdm2006]

as far as i can see your spanish debt should be considered as an EU debt payable in any EU member state.However, I would argue with the debt collectors that by the same token (two sides of the same coin) the spanish bankruptcy also applies to EU member states and therefore they should address their concerns to the spanish BR administrator as said above.

 

 

only my view, i have no personal knowledge of this at all.

[rdm2006]

this link from HM revenues and customs may help you Mutual Assistance in the Recovery of Debt (MARD) if you look at the section titled Effect of taxpayer’s insolvency in the UK on another EU Member State (except Denmark) it would appear that the bankruptcy in Spain does apply accross the EU

 

EDIT: also if you have a voluntary arrangement (VA) see the section marked Effect of VA approval in the UK on an EU member state (except Denmark) which states

 

under the EC Regulation on insolvency proceedings 2000 the effects of an insolvency procedure in one Member State apply equally in all other Member States. Therefore, once a VA is approved it is binding on all creditors including creditors in other member states.

 

so its goodbye DCA

Edited October 9, 2013 by rdm2006

[EchoDelta]

Thank you. But in the UK I am solvent. I have a full time job and good credit score. I don't want to bring the insolvency in the UK.

 

Can I start by sending a CCA request to the DCA? I am sure they don't have the documents in the proper form and would struggle to get them.

 

I would like to the use the Consumer Credit Act template

[unclebulgaria67]

Thank you. But in the UK I am solvent. I have a full time job and good credit score. I don't want to bring the insolvency in the UK.

 

Can I start by sending a CCA request to the DCA? I am sure they don't have the documents in the proper form and would struggle to get them.

 

I would like to the use the Consumer Credit Act template

 

This is a Spanish debt and the bankruptcy in Spain should have included it ?

 

CCA is not relevant to a Spanish debt.

 

In your position, I would write back to them stating details of the Spanish Bankruptcy and suggest that they must deal with the matter in Spain through the people who are authorised to deal with it there. Advise them that they must follow the correct process and not look to by-pass this, by writing to you directly, when you are not able to deal with it.

 

Some of the UK debt collectors who are appointed by foreign creditors are not really versed in the correct legal processes. I should imagine that they would drop the matter and pass this back to the Spanish creditors concerned for them to deal with it.