Dutch house being auctioned - will debt collection agency come to our UK address?

[NinjaBee1]

Hello!

 

We moved back back to the UK 5 years ago, having left our Dutch house as a rental property, with the monthly rent covering the mortgage payments.

 

Apparently we were ill-advised, as we understood that this rental agreement could be long term, but apparently there was a limit of a few years.

The mortgage company have made it clear that we need to sell the property, and despite our tenant offering to buy the property, they are pressing on with the sale of the house.

 

We have received a letter detailing when the property will be auctioned and a statement that recovery of any shortfall will begin within a couple of days of the property sale.

 

So, my questions are:

 

1) Can we expect bailiffs appearing at the door in the new year, or will we be given the opportunity to come to an arrangement about repayment of the shortfall (no clue how this would work, my husband is about to lose his job, and I work part time whilst caring for our young daughter - but that’s background information).

 

2) I would imagine that the average solicitor in the UK would have limited knowledge in this area - where could we find some legal advice? And how much might this cost?

 

Thank you very much for any advice

- as you can imagine,

this is a very stressful situation,

made worse by my husband finding out only a few days ago that he will lose his job before the end of the year.

Edited December 27, 2018 by dx100uk
spacing

[renegadeimp]

Bailiffs wont become involved. It would have to go to court, go through a lenghty process before and after, plus theres the whole question about jurisdiction.

 

They cant just click their fingers and a bailiff appears.

[dx100uk]

nothing will happened and if the shortfall is dutch forget about it.

[NinjaBee1]

We received a letter over Christmas which mentions a court date. We’re looking at it more closely today to translate it, but it looks like forgetting about it isn’t going to be an option.

[renegadeimp]

They can't give any court date without following a lengthy procedure.

 

That procedure Includes asking you to pay or contact them.

 

Them issuing a pap letter. Then you filling it in or delaying it. Which takes a month or more. Then.issuing a court claim. Then you defending it. Being assigned a court. date.

 

This can and usually does take many months.

 

Then on top there the whole jurisdiction issue.

 

Post that letter up because it sounds like a threatogram.

 

Remember you're resident in the UK. So they'd have to file a claim here under UK and euro law.

[dx100uk]

Read upload

Scan to pdf

[NinjaBee1]

Just to clarify, the court date is in the Netherlands, not the UK.

 

ETA: I have scanned in the letter, but the version of Acrobat we used to help translate stuff was on my husband's work PC, which he no longer has access to since losing his job (obviously).

Edited December 27, 2018 by NinjaBee1
Additional info

[renegadeimp]

So theyre trying to go for a court claim int he netherlands. Even though you arent resident there and cant defend yourself?

 

Sounds like the old trick DCA's have over here where they hope to get a judgement by default, despite knowing your current whereabouts, they serve on an old address.

[NinjaBee1]

Just managed to translate the document (had to sign up for a trial of Adobe, so will need to cancel before I get charged).

 

It sounds like the court hearing is say they are ending the rental agreement with our tenants so that they can put the house up for auction without tenants in it.

Looks like they have assigned us some kind of legal contact.

 

Obviously we can't attend, as can't afford to travel and wouldn't understand what was happening anyway.

My Dutch was OK while living there, but have been back here 5 years and not spoken it since.

 

Also, to clarify further, the letter mentions our current address in the UK and the letter were sent to our UK address.

[dx100uk]

no need to pay for translate

just pop it up an google and it does it free for you.

 

I would suspect the dutch system is the same as most of Europe etc etc

if you are not resident here

then nothing can happen as they know you are in the UK now.

if worst come to worst you simply write stating you are now domicile in the UK and therefore a UK resident.

and they cant do court in Denmark when they know you are permanently resident abroad..

 

 

be better if we saw this please

[NinjaBee1]

Here is initial letter - the other pages will take a bit of work to remove personal details.

27 Dec Legal Letter.pdf

[renegadeimp]

bailiffs etc wont come to your UK home.

They cant.

 

Theyd have to get a judgement in the UK and enforce it.

There may be cross jurisdiction stuff due to it being europe, but theyd still have to get permission from a court.

Edited December 27, 2018 by dx100uk
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[dx100uk]

simply write to the court stating you are now a resident of the UK and do cannot attend.

 

I hereby call upon you to appear on January 14, 2019, at 9:15 am, before the service provider

 

of this court with an overbearing address. to be heard in response to a

 

on behalf of Bank ofScotland PLC by lawyer Illr. filed petition.

[ploddertom]

Have a read of this thread, although 6 years old it does seem still relevant https://www.consumeractiongroup.co.uk/forum/showthread.php?335051-Dutch-collection-agency-contacting-me-in-uk

 

Then there is this https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part74#74.3

 

There are also European Enforcement Orders https://thesheriffsoffice.com/articles/european-enforcement-orders