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Hello to all who may read this and offer me some advice.

 

I have an outstanding debt with the above company for about 6000 euros and have just received a letter stating that they are passing the debt to legal action with a person called

 

Doctor Olivier Etienne

15 Chemin Du Devin

1012 Lausanne

Switzerland

 

The debt was accumulated a few years ago but stupidly I buried my head in the sand. Last September I tried to start paying off the debt and paid 1300euros, unfortunately since then I´ve been unemployed and unable to repay more money. Now I´m really afraid of what will happen. I currently live in the south of Spain and don´t know what to do or who to turn to.

 

If anybody could give me some advice I´d be eternally grateful

 

Thank you

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What was the original debt for and in what country was it taken out?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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The original debt was more than 8000 euros with a bank in Ireland, the debt collection agency is in England and I´m in Spain. The debt is about 2 years old. Can the really sue me here? The truth is I have no money, nor income. From time to time I could give 100euros but they told me itñs not good enough. I´ve made 4 payments since September of last year to the total of 1300euros.

 

Please, can somebody advise me. I´m really desperate.

 

Thanks

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If the original debt is not in Spain you have nowt to fear. I've been through the same with several companies for a much more amount. In order to enforce it in Spain they need a european enforcement order and that can only be had if there is a ccj. A ccj can only be had for someone living in the uk and as you are in spain it can't be done. DCA's will try all the tricks there are so just know where you stand. If they persue you ask them for the CCJ & EE0 details. Make them see you know what you are on about. Hope thats a bit off your mind.

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  • 2 weeks later...

Twofoot has pretty much got it right. There's not a great deal for you to worry about at the moment, if you don't already have a CCJ on the debt.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/96115-cross-border-debt-recovery.html#post894693

 

This might help you a bit.

 

European Commission - European Judicial Network - Legal order - United Kingdom

 

The legal system in R of I is obviously a little different but with the links provided you may be able to apply it to your own situation.

 

 

:eek: Just noticed that the link there is for UK, but just click on the Irish flag to get stuff more relevant to you, or the Spanish flag if that's where you live now.

 

Check out the "European Enforcement Order" too....it will be very relevant to any legal action....if that is at all possible by the DCA or Creditors.

 

All the best.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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I'm assuming as the debt is in euros it was a bank in Eire rather than Northern Ireland.

 

In this case your agreement is covered by The Consumer Credit Act 1995. I think it would be a good idea to send the debt collection agency a CCA request. The format for a credit agreement under this Act is shown below.

 

30.—(1) A credit agreement and any contract of guarantee relating thereto shall be made in writing and signed by the consumer and by or on behalf of all other parties to the agreement, and—

( a ) a copy of the agreement shall be—

(i) handed personally to the consumer upon the making of the agreement, or

(ii) delivered or sent to the consumer by the creditor within 10 days of the making of the agreement, and

( b ) in the case of any contract of guarantee relating to the agreement, a copy of the guarantee and the agreement shall be—

(i) handed personally to the guarantor upon the making of the contract, or

(ii) sent within 10 days of the making of any contract by the creditor to the guarantor.

(2) A credit agreement shall contain a statement in respect of the cooling-off period that the consumer—

( a ) has a right to withdraw from the agreement without penalty if the consumer gives written notice to this effect to the creditor within a period of 10 days of the date of receipt by the consumer of a copy of the agreement, or

( b ) may indicate that he does not wish to exercise this right by signing a statement to this effect, this signature to be separate from, and additional to, the consumer's signature in relation to any of the terms of the agreement.

(3) A credit agreement shall contain a statement of—

( a ) the names and addresses of all the parties to the agreement, and

( b ) any costs or penalties to which the consumer may become liable for any failure by the consumer to comply with the terms of the agreement.

(4) This section does not apply to credit in the form of advances on a current account, or on credit card accounts.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Forgot to add, the reason a recommend sending a CCA request is to contest the debt. The EU have passed the European order for payment procedure to make it easy to collect uncontested cross border debts. This procedure will apply from 2008.

 

By sending the CCA request they can not use this legislation as the debt is disputed.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I believe your request would be under section 43 of this Act.

 

43.—(1) Subject to this section, a creditor or an owner shall during the currency of the agreement provide, within 10 days of receipt of a written request by a consumer who is party to the agreement or if that consumer so requires any person specified by him in the request, a copy of the written agreement or a statement of—

( a ) the amount paid,

( b ) the amount, if any, due but unpaid, and the date and amount of each instalment that remains unpaid, and

( c ) the total amount outstanding and the date and amount of each outstanding instalment,

under the agreement.

(2) A creditor or an owner shall not, without reasonable cause, fail to comply within 10 days with a request under subsection (1).

(3) If the default described in subsection (2) continues for a further period of 14 days, then while the default so continues, the creditor or the owner, as the case may be, shall not be entitled to enforce the agreement, or any right to recover goods, and any person shall not be entitled to enforce a security given under the agreement.

(4) Subsection (1) does not apply to a request made less than 4 weeks after a previous request under that subsection relating to the same credit agreement which was complied with.

(5) The request referred to in subsection (1) shall, subject to subsection (6), be accompanied by a fee of £2 or such other amount as may stand specified for the time being in regulations.

(6) Subsection (5) shall not apply where the request is in relation to a moneylending agreement.

(7) This section does not apply to a housing loan.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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