European Enforcement Order

[beamchick]

Had a loan for double glazing on my home in France advised bank November 2011 that I was having difficulties told them that the house was up for sale and I would redeem the loan from the proceeds.

 

The house was also mortgaged with another french bank who in July 2013 repossessed the property (with equity) so we lost our home and did not hear from the bank again.

I advised the double glazing loan bank of the repossession so no proceeds for which to repay them.

 

In November 2012 (before repossession) the glazing loan bank obtained a french court order against us.

No activity at all since

 

March 18 when Credit Limits International wrote to me to say that that had been appointed to recover the debt.

Nothing received from the debt owner to say that they had made any appointment.

suspect that CLI have bought the debt.

I have not responded to any demand from CLI having read the post here.

 

Now I have received from an employee of CLI who is a legal executive (info on CLI website) a form 6.1`.

 

It being a Statutory demand under the insolvency act

It was issued by the employee for CLI an behalf of the creditor.

 

saying I should apply to the court if I wanted it to be set aside. (No reference).

This notice came to me without any covering letter or any notification from the original creditor.

 

Do I now respond to the court (no reference) explaining my case or wait until I receive notification from the court?

Edited November 5, 2018 by Andyorch
spacing/changed form number

[dx100uk]

I don't think you having a French judgement makes any odds to the fact that CLI have issed a speculative form 6.1 and on behalf of their client in the UK for this debt makes any odds?

 

can you scan it up to PDF please read upload

 

thread title amended and moved to legals forum.

 

dx

Edited November 5, 2018 by Andyorch
edited

[beamchick]

Thank you form attached

form 6.1.pdf

[AndyOrch]

https://www.consumeractiongroup.co.uk/forum/showthread.php?406102-LEGAL-Form-6.4-amp-6.5-Application-to-set-a-side-a-Statutory-Demand

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?407519-Statutory-Demands-and-Lowells.-(amendments-December-2015-16)

 

Form 6.1 is the incorrect form to use if the debt that is payable now following a judgment or court order....they should have used 6.2

 

https://www.moneyclaimsuk.co.uk/PDFForms/Bankruptcy-Form-6.2.pdf

 

Thread title amended.

 

Andy

[beamchick]

Thank you, so does the court order need to be a UK court?

[AndyOrch]

The French Court Order is really irrelevant to this problem as the Order/French Judgment is now statute barred with regards to execution (5 years in France)...hence they have used the incorrect form 6.1 and disregarded the order....as not to complicate the issue.

 

With regards to the debt...you state the employee of the DCA has served the demand and I would assume your agreement was with the French Double Glazing Company.No notice of assignment of the debt has ever materialised and therefore you are not legally aware of the assignment ?

 

Set a side the demand using the links I have provided and prepare an affidavit in support of your application referring to the above points.

 

Dont forget to claim your costs of application within your affidavit.

 

 

Andy

[beamchick]

Many thanks, the loan was with a bank the french court judgement was dated 9/11/2012, so is it still 5 years or 10?

 

Just to confirm I received nothing from the bank after the court order.

The DCA said initially that they 'have been appointed'

[dx100uk]

so CLI's client are the French bank...?

 

I bet they know nothing about this 'fake/wrong' UK SD.

[AndyOrch]

Many thanks, the loan was with a bank the french court judgement was dated 9/11/2012, so is it still 5 years or 10? 5 in France...only execution is time barred which can be got round by seeking permission from a french court ...I assume like English law

Just to confirm I received nothing from the bank after the court order.

The DCA said initially that they 'have been appointed'

 

Then in your affidavit you put them to strict proof to disclose the Notice of Assignment and also request a copy of the agreement (under French law)

 

Andy

 

[beamchick]

Thank you, will do

[unclebulgaria67]

CLI do not appear to have a FCA licence to conduct debt collection activity

 

http://fca-consumer-credit-interim.force.com/CS_RegisterSearchPageNew?accId=627201

 

I would question whether they are able to issue a real SD on behalf of a creditor ?

[beamchick]

Thank you I will mention that

[beamchick]

CLI having withdrawn from their Statutory Demand and Court Judgement given in my favour have now threatened an EEO.

 

The debt is for double glazing in France and there are several issues.

 

My concern at the moment is who has jurisdiction, the original court order was made in France and I am sure that it is CLI pushing for the debt and not the lender Credit Agricole. 

[honeybee13]

Hi

 

I've merged your old and new threads to keep the information together, it helps the advisers here.

 

HB

[dx100uk]

CLI would be acting upon their clients instruction who are?

 

 

[beamchick]

Credit Agricole who incidently did not respond to the Set Aside hearing.  I have not had any contact from Credit Agricole since 9/11/2012

[dx100uk]

can you confirm...

the SD is dead

 

did you get the original French judgement set aside?

 

if not they would need to apply for the EEO [enforcement of uncontested judgement] in France as the org judgement was there 

they cant get an eoeo in the uk for a French judgement.

 

then come here to try and get it enforced in an English court, of which you would be advised 

as far as I can see 

you would be allowed to contest it, most probable under SB rules...

 

anyone else confirm please??

[beamchick]

The SD is dead, when  I applied to have it set aside a copy was sent to by the court to Credit Agricole the debt owner,  it was part of my appeal that Credil Limits were not authorised to make the application. Credit Limits then withdrew the application. As far as I am aware Credit Agricole did not respond. Creditl Limits came back to me ignoring the grounds of appeal see letter 15/4. They refer to statute barred, the loan was for double glazing it was not part of the mortgage so I still contend that the 5 year rule applies.

 

I did not contest the original French court order but before the hearing  I wrote to Credit Agricole offering to pay over a long period of time as the home in France was about to be repossessed by the mortgage bank (and it was). Credit Agricole did not reply to my letters. The original judgement had the following 'Since immediate enforcement is not a necessity, it shall not be ordered.'

 

See compliments slip below purported to be from Credit Agricole, undated and unsigned, this is probably in response to my appeal when I said that I had nothing from Credit Agricole suggesting that CLI were agents. I am not convinced that this is genuine, CLI have had plenty of opportunity to produce this since they were 'appointed'  in 2018!

 

Can CLI represent Credit Agricole here in the UK as they are debt collectors and as far as I can see are  not registered with the FSA?

 

Thanks again

 

comps.pdf letter.pdf

[dx100uk]

only solicitors can represent a client in court.

CLI are not solicitors.

 

I think this is all arm waving by a DCA to get free money out you..and Credit Agricole haven't a clue any of is happening or happened.

[beamchick]

Thank you