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Hi There!

 

I am yet again being harassed by a company call Premium Collections based in Altringham, Cheshire.

 

They are threatening to issue Bankruptcy proceedings against me for a Credit card debt I have in Switzerland ..(which is now over 3 years old)

 

As far as my research allows, its seems that this not an option they can take as British Courts would not rule over a Swiss Credit Card account and there are all no cross country agreements in place between the UK and Switzerland to even allow for that

 

Does anyone have any thoughts or experience to either prove or disprove this?

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There appears to be a specific law that might not allow it, in the following link below. ( it apparently says A claim from a non-EU creditor may be rejected on the basis that it would not be a provable debt under British insolvency law ) For them to be able include the Swiss debt, there would need to be existing involvency proceeding in the UK regarding a UK debt.

 

http://www.legislation.gov.uk/ukdsi/2006/0110741587

 

So you could go back quoting this legislation and say that under this law, they cannot use UK involvency proceedings in relation to a non EU debt, if there is no current UK debts subject to involvency proceedings.

 

Nb. I found this information looking at point 40.13 from the following link.

 

https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch37-48/chapter40/part1/part1.htm

 

Think this is what it says. So throw it at them and ask them to provide relevant legislation or recent case law that says they can use UK insolvency proceedings.

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