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Can an Irish debt be enforced in the UK if no judgement obtained in Republic of Ireland?


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I am receiving letters and phonecalls from a debt collection relating to an old debt from ROI.

 

 

I left the country some years ago, and no judgment was obtained in the Irish Courts.

 

 

Can they now enforce it over here without a judgment?

 

 

I am due to go on Maternity (statutory) so I definitely cannot afford to pay anything,

even though I don't recognise the full value of the debt now being claimed.

 

 

What do you advise?

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I don't expect so - but I can't give you an authoritative - No.

 

How many years ago?

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When did you cease making payments to the debt ?

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4: Staying Calm About Debt  Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have alerted Scarlet pimpernel to your post because he seems to know about all things ROI :)

 

I have copied over a post made by him for a similar situation..

 

 

 

A loan taken out in Ireland will be the subject of an agreement regulated by the (Irish) Consumer Credit Act 1995. This cannot be enforced in a Court in UK other than is circumstances likely to be prohibitively expensive for the bank.

 

Have either the BoI or DCA sent a Default Notice? Unless they have done so, they are prohibited from taking any action:

 

 

s.54(2) A creditor or an owner shall not, by reason of any breach by a consumer of an agreement—

( a ) determine the agreement,

( b ) demand early payment of any sum,

( c ) recover possession of the goods,

( d ) treat any right conferred on the consumer by the agreement as determined, restricted or deferred, or

( e ) enforce any security,unless he has served on the consumer, not less than 10 days before he proposes to take any action, a notice which shall specify the following:

 

(i) details of the agreement sufficient to identify it;

(ii) the name and address of the creditor or owner, as the case may be;

(iii) the name and address of the consumer;

(iv) the nature of the alleged breach;

(v) either—

(I) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken, which date shall be not less than 21 days after the date of service of the notice, or

(II) if the breach is not capable of remedy, the sum, if any, required to be paid as compensation for the breach and the date before which it is to be paid, which date shall be not less than 21 days after the date of service of the notice; and

(vi) information about the consequences of failure to comply with the notice.

 

 

 

 

The only way they can do anything without having served the Notice is where a Court has agreed, and I assume that they won't have bothered - the costs in consumer credit action not being recoverable by the creditor.

 

However, given that UK DCAs and their solicitors appear to have great difficulty complying with their obligations under UK laws, I doubt whether they will be able to get to grips with Irish law.

 

Incidentally, Largo sell solicitor's letters to DCAs, so I doubt whether anyone legally qualified has been anywhere near this case.

 

So, I suggest you make it easy for them. Send them a standard formal request under s.78(1) of the Consumer Credit Act 1974. They will either produce a copy agreement which you can then point out is not enforceable in the UK, or they will catch themselves on and say that they don't need to comply because the debt isn't subject to UK law, in which case you can point out that it's not enforceable in UK.

 

Of course, you will also be formally disputing the debt; under the OFT Guidance a UK DCA must suspend all collection activity until the dispute is resolved.

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I'm obliged to CitizenB for helpfully reproducing my earlier post, which outlines the situation as far as debt collection is concerned.

 

You don't say what the debt relates to, or how long it has been since you last made a payment or acknowledged the debt, or whether the DCA is in UK or ROI, but in general loans, credit cards and overdrafts all fall under the ROI's legislation, which is the Statute of Limitations Act 1957, and its Amendment of 1991. The limitation period is the same as England, Wales and NI - 6 years.

 

Acknowledgement must be in writing, and signed.

 

Give us a bit more info, and we can tell you what to do next.

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  • 1 year later...
Hi I'm having a similar problem - is there a template for the formal request letter detailed above for Ireland please ?

 

Hi, if you mean the formal s78 request for a copy of the agreement, then you can find that in the link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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That's great - I've printed it out and sent it - shall I uodate via this thread or start a new one ?

 

Probably a good idea to start a thread of your own to update your progress :)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 year later...

I've had a letter over the weekend- we left ireland during the financial crisis due to no work, ...I had a small unsecured loan with boi-haven't paid anything off the loan since June 2011, it's about €2500 - they've sent me a letter via an international DCA, based in Kent...

Any advice??

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Ifatfirst, it might be better if you were to start your own thread.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I will send a message on your behalf, yes :)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Think the OP should get up to date advice from Irish debt advisors. There have apparently been some changes in regard to the way debts can be dealt with in Ireland. Apparently ( according to Ashtons Solicitors) there were quite a lot of Irish citizens coming to the UK to obtain IVA's. The Irish government have since brought in changes to help people deal with debts.

 

Given that the debt will be statute barred sometime next year, i think i would keep an eye on communications and hope that BOI or current debt owner don't go to the expense of trying to enforce this debt in the UK.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your thread please PM me a link to your thread

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Uncle B, in view of what you have said this was brought to my attention and might be of use to those from the RoI.

 

A Debt Settlement Arrangement (DSA) equivalent to an English DRO is one of 3 debt resolution mechanisms introduced by the Personal Insolvency Act 2012 for people who cannot afford to pay their personal debts. These mechanisms offer different solutions to people in different situations.

 

The Debt Settlement Arrangement applies to the agreed settlement of unsecured debts, usually over a period of 5 years. The limit of 5 years can increase to 6 years in some situations. When the DSA concludes successfully, the debts that it covers will be fully discharged and the debtor will be solvent again.

 

This document describes how to qualify for a DSA and how the DSA process works.

 

http://www.citizensinformation.ie/en/money_and_tax/personal_finance/debt/personal_insolvency/debt_settlement_arrangements.html

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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