EOS Chasing me for a Foreign debt

[Soul Reaver]

Hi Guys

 

I have just received a letter (redirected from an old UK address of mine) from EOS debt collection agency stating they are chasing a debt on behalf of a Swiss client of theirs.

 

My questions are

 

1. Should I ignore it?

2. Can I be pursued in the UK by a UK debt collection agency for a foriegn (Swiss) debt?

 

Cheers

[fkofilee]

We need more info etc how much etc?

 

Personally, it would costly them ALOT to pursue it over here.

[Soul Reaver]

Hiya

 

60 grand unsecured from over 3 years ago.

 

Cheers

[BRIGADIER2JCS]

Hi Guys

 

I have just received a letter (redirected from an old UK address of mine) from EOS debt collection agency stating they are chasing a debt on behalf of a Swiss client of theirs.

 

My questions are

 

1. Should I ignore it?

2. Can I be pursued in the UK by a UK debt collection agency for a foriegn (Swiss) debt?

 

Cheers

 

 

Yes it may be possible.

 

 

What is the debt, who is the creditor?

 

 

How old is the debt?

[fkofilee]

60k.... Is that How much is outstanding?

Have you had a letter from EOS?

[Soul Reaver]

Hiya

 

Yes 60k outstanding

Creditor was GE Credit in Switzerland

Yes had a letter but to an old address

Debt is 3 years old now coming on 4

 

Cheers

[maroondevo52]

60k deffo worth chasing I would think.

[Soul Reaver]

60k deffo worth chasing I would think.

 

That was not my question. It's a foreign debt not a UK debt so does not fall under UK law. So can they legally chase it here in the UK was my question.

[BRIGADIER2JCS]

That was not my question. It's a foreign debt not a UK debt so does not fall under UK law. So can they legally chase it here in the UK was my question.

Who is the creditor if they have offices in an EU country and take the case to a court there an European Enforcement Order Could be sought.

[ericsbrother]

they can chase you for it but it will be complicated to enforce it. GE have UK offices so can most likely use UK law to get to you. Also, the uK is very kind to foreigners when it comes to chasing money, they will allow stuff that other countries wouldnt allow so do not become complacent.

[Soul Reaver]

Who is the creditor if they have offices in an EU country and take the case to a court there an European Enforcement Order Could be sought.

 

Hiya Brigadier

 

The original Creditor was GE Money Bank but on the letter they are saying it's Cembra money bank AG.

[BRIGADIER2JCS]

Hiya Brigadier

 

The original Creditor was GE Money Bank but on the letter they are saying it's Cembra money bank AG.

The successors of GE Capital renamed as Cembra Money Bank .

Yes it is more than likely this can be pursued.

[Soul Reaver]

The successors of GE Capital renamed as Cembra Money Bank .

Yes it is more than likely this can be pursued.

 

Ok thanks. What do I do then? What are my options?

[havinastella]

Ok thanks. What do I do then? What are my options?

 

Ignore until you receive court papers!

[Soul Reaver]

Ignore until you receive court papers!

 

Hiya

 

What would be their options to pursue? County Court? I am guessing statute barred rules apply euqally here?

[BRIGADIER2JCS]

Hiya

 

What would be their options to pursue? County Court? I am guessing statute barred rules apply euqally here?

Yes County Court, but with debt so large a Statutory Demand for Payment may be considered, if your circumstances make

it viable this is the first step in the bankruptcy process.

 

A judge can also consider that with a debt of this size that it would be unfair to the creditor to not allow litigation because of statute barring, a court would consider if there has been deliberate debt avoidance.

[The GodMother]

Just a daft question but would the statue of limitations for the country the debt was created in not apply.

[BRIGADIER2JCS]

Just a daft question but would the statue of limitations for the country the debt was created in not apply.

It's GE Capitals successors Cembra is all so jurisdiction is UK.

[The GodMother]

oh rite. I only asked as l remember a few yrs ago a petition for the then chancellor gordon brown to lower the sb/statue of limitations to 3 yrs like europe.

[BRIGADIER2JCS]

oh rite. I only asked as l remember a few yrs ago a petition for the then chancellor gordon brown to lower the sb/statue of limitations to 3 yrs like europe.

Mr McBroon was threatened by the debt collection industry with courts jammed with claims if he lowered the LA time scales, so of course England &Wales remain disadvantaged even in relation to Scotland.

[gerson]

Hi,

 

AFAIK -

As a general rule, the limitation period for civil law claims is ten years; if such claims concern periodic payments or certain types of services, they will be time-barred after five years. This general rule applies to all claims for which Swiss civil law does not provide otherwise.

 

G

[BRIGADIER2JCS]

Hi,

 

AFAIK -

As a general rule, the limitation period for civil law claims is ten years; if such claims concern periodic payments or certain types of services, they will be time-barred after five years. This general rule applies to all claims for which Swiss civil law does not provide otherwise.

 

 

Cembra is the parent of GE Capital English Law Applies.

[OnMyWayOut]

Cembra is the parent of GE Capital English Law Applies.

Doesn't it depend on what the contract says - usually something like 'this contract is governed by xxxx law'?

[unclebulgaria67]

Doesn't it depend on what the contract says - usually something like 'this contract is governed by xxxx law'?

 

Yes that would be the case. However there is a case precedent dating back to 1972, where the UK high court decided that there was no reason UK courts cannot look at foreign debts, if the debtor is resident in the UK. You have to remember that the British Banking industry has a major influence on the courts system and they will be friendly in helping enforce debts here, as banks worldwide are well connected.

 

Case is Maharanee of Baroda Wildenstein [1972] QB 283]

 

As always with debt collection it really depends on whether it is worth them pursuing the debt. They will write out to see if they gain a response. They will no doubt have checked UK records to see what they could find out. e.g does the debtor own property.

[BRIGADIER2JCS]

Doesn't it depend on what the contract says - usually something like 'this contract is governed by xxxx law'?

Its A GE Capital Debt the contracts are under English Law .

GE is UK based.

 

 

Take a look at GE Capital Threads on here.

The fact that the lender has been acquired by a foreign company makes no difference.

Many a DCA is ultimately owned outside the UK>