UK CC debt - living mainland europe

[Madeinuk]

Very much hope that some of the more experienced members may be able to offer some advice.

 

The situation concerns a UK CC debt.

 

Unfortunately due to serious change in circumstances this account fell into arrears of around 12,000.

 

Prior to this there was a sucessful claim for miselling of PPI.

 

Went down the CCA route using a specialist company and the cc provider was found to be in breach and the account was deemed unenforceable. That was almost four years ago and since then no further contact has been attempted by the original cc provider.

 

The last payment of any kind was made almost five years ago.

 

Have recently received a letter, delivered to our old address, from a DCA asking for full payment. Suspect debt has been sold to this DCA and that they are trying it on before the six year period is up.

 

Have read that no CCJ can be issued if not resident in the UK and if the agreement is in dispute.

 

Would very much appreciate the thoughts and opinions of those people with more experience of these matters to know exactly what to do for the best. Have not replied to DCA's letter and have not provided new address at this time.

 

Many thanks in advance for your comments.

[renegadeimp]

Either ignore them or send them a prove it letter. http://www.consumeractiongroup.co.uk/forum/showthread.php?387363-You-know-nothing-of-the-Debt-Prove-It

[Stigman]

If your not planning to come back to the UK, have no assets here then just forget it and enjoy your life where your not being financially raped by an uncaring selfish regime (sorry Government)!

 

Stigman

[unclebulgaria67]

It would help you, if UK creditors/debt owners knew you were resident abroad. They should not then get a sneaky CCJ, which would just extend the period this debt could be enforced. If they get a CCJ using your last known UK address, as soon as you found out about it you would have to then go through the hassle of getting it set aside.

 

If you sent them proof you were resident abroad, I suspect that they will quickly get shot of the debt, rather than try to enforce it where you live using a European Enforcement Order (EEO). The EEO is for uncontested debts and it would be no good to them, if you contested it and won. They would then still be stuck with a debt they can't enforce , but having incurred costs.

 

Up to you, but if I were in this position, I would advise them of being resident abroad. Yes a little bit of hassle with debt collection letters, but less hassle than dealing with a possible CCJ set aside, which would also cost you to do.

[Madeinuk]

Many thanks for your feedback.

 

Original cc providers have had our address over here for last ten years. This address has obviously been passed on to the DCA who sent the letter. But this went to our old address over here. Don't really want to give new address.

 

May consider moving back to the UK one day but not before the six year period has passed.

 

Think that the DCA has acquired a number of debts and is trying it on. Can't imagine for one moment that the original cc provider would inform the DCA that they had been found to be in breach and that the case had been found to be unenforceable.

 

Would appreciate your further feedback and suggested action to take.

[unclebulgaria67]

You could just send them a letter just stating that you disputed this account 4 years ago with the original creditor who agreed that it was unenforceable. Advise them that this being the case, you do not wish to receive any further communications about it and suggest that they refer it back to the original creditors. You could advise them that you are still a resident of x country, but have moved. If they want to send an email to confirm, you could just give them an email address. ( set up a new email with gmail or hotmail purely for debt issues).

[Madeinuk]

Thanks for that Unclebulgaria.

 

Have no concerns really over ccj as certainly not resident in the uk and have no assets or indeed a property there.

 

Would have thought that if that was a possibility the original cc provider would have gone down that route.

 

Do you imagine that the original provider would have disclosed their breach and the unenforceability to the DCA?

[renegadeimp]

 

Do you imagine that the original provider would have disclosed their breach and the unenforceability to the DCA?

 

They are meant to, but it rarely ever happens.

[Madeinuk]

Hi folks,

 

So sorry to revisit this issue but have had some recent developments concerning the original post.

 

Had not heard anything more from the DCA until recently when they tried to contact me by telephone. They received no response so left a message asking me to make contact quoting a certain reference. Needless to say I have not made contact and have no intention of doing so.

 

What are your thoughts on this matter and what course of action would you take, bearing in mind the details mentioned in previous posts.

 

Thank you in anticipation of your feedback.

[unclebulgaria67]

Just ignore them. If they manage to get you on the phone, they will try to ask identification questions. Just don't answer them and or admit to being the person they are seeking. Just say that they have the wrong number and put the phone down.

 

If they know you are abroad it should stop them applying for a sneeky CCJ. They may not bother to pay the cost of making a court claim using your last UK address, because if they note you have been abroad for awhile, they may not think that you are intending to return to the UK.

 

So no action required.

[Stigman]

As UB says above, refuse to go through their stupid security questions or just laugh & hang up.

 

Even though a computer dials the number & passes it to the next operator, a normal person with an ounce of common sense will know you are abroad because of the ring tone but we are talking about DCA employees here so these are not & never will be normal people.

 

Ignore & enjoy your life in a free Country.

 

Is this your landline or mobile the DCA is attempting to ring you on?

 

Stigman

[Old Cogger]

If your not planning to come back to the UK, have no assets here then just forget it and enjoy your life where your not being financially raped by an uncaring selfish regime (sorry Government)!

 

Stigman

 

1st word correct!

[Madeinuk]

It is the landline Stigman. The DCA have obviously done a search under my surname, but the entry they found is not in my name. Do you think they could persue this through the courts over here?

[unclebulgaria67]

It is the landline Stigman. The DCA have obviously done a search under my surname, but the entry they found is not in my name. Do you think they could persue this through the courts over here?

 

Possible, but unlikely. What tends to happen is that after a long period of time, it gets passed to a DCA in the country where you are resident or one that deals with mainland EU debts. But by the time they get around to this, it will be probably be statute barred and therefore not enforceable in court.

[Madeinuk]

Thank you for your reply UB. I believe that the statute barred period should come into play early next year. If the DCA try to get arsey or pass it on to another DCA I will refer them to the fact that this case has already been deemed as unenforceable and refer them to the original dispute whilst at the same time asking them to prove it. What do you think?

[unclebulgaria67]

Thank you for your reply UB. I believe that the statute barred period should come into play early next year. If the DCA try to get arsey or pass it on to another DCA I will refer them to the fact that this case has already been deemed as unenforceable and refer them to the original dispute whilst at the same time asking them to prove it. What do you think?

 

Yes.

 

As you know DCA's rely on fear and anxiety. They only win, if you give into any harassment.

[Madeinuk]

Many thanks to everybody. I will keep you updated on any developments.

[Madeinuk]

Hi guys,

 

a quick update. Am still getting phone calls. Still ignoring them.

 

Quick question. This case was subject to a sucessful claim for mis-sold PPI through the financial ombudsman. What, if any, bearing will this have on this case?

 

Thanks in advance of your much appreciated responses.

[unclebulgaria67]

Hi guys,

 

a quick update. Am still getting phone calls. Still ignoring them.

 

Quick question. This case was subject to a sucessful claim for mis-sold PPI through the financial ombudsman. What, if any, bearing will this have on this case?

 

Thanks in advance of your much appreciated responses.

 

None. PPI is a separate issue.