Old UK debt, help please

[Expatinfrance]

Hello. I hope someone can help. I had a debt in the UK before I moved to France 5 years ago from a failed business. I have now heard they are taking me to the County Court in the UK for this.

 

Apart from not being able to go back to the Court hearing (I am now retired and it would be difficult), I wondered what they can do to me?

 

Thank you

[Expatinfrance]

Update. I have just spoken to a friendly woman at the County Court who told me (she thinks) that the Judge agreed to issue the summons even though he realised I was out of the Court's jurisdiction.

 

Does that help anyone here who might understand all this better?

[alibobsy]

Do you still have a property in this country, as they might then use the CCJ (if they get it) to apply for a charge on your proeprty down the line. Do you know the last date you made a payment or acknowlegded the debt at all. If it was 6 years ago or more the debt is statute barred and cannot be enforced. There are also other options you can pursue to defend this as per other info on here such as claiming any charges back and doing a CCA request for the original agreement which they probably won't have. The trouble is not sure if you can defend this without being able to attend court. Hopefully a mod or comeone with more knowledge in this area will be along soon

good luck

[Expatinfrance]

Hi Alibob

No I have nothing at all in the UK. I have though accepted there is a debt, simply disputed the amount so sad;y not statute barred.

 

I guess I just cant understand how a UK Court can issue proceedings against someone living in another country - it would be great if one of the Moderators or experts here could find this query of mine

[Expatinfrance]

ps How do or can I get advice from a moderator?

[rory32]

How did you find out about the court action? I assume you have kept in touch with the creditor?

[Expatinfrance]

Hello Rory

Yes we have been in touch by e mail over the last 4 years - well with Optima Legal their DCA and they told me they had issued the summons in the county court where I lived 5 years ago. Thats when I called the Court

[sequenci]

The Judgment would have to be granted in the UK, They would then be able to transfer it to France for enforcement purposes.

 

I’m pretty sure that this is done via legislation known as The Brussels Regulation. CPR part 74 covers the enforcement of English & Welsh debts abroad.

 

Here is a link to a website that provides details on the law of many EU countries and how (for some countries) they enforce the Judgment:

 

www.ec.europa/eu/civiljustice/enforce_judgement/enforce_judgment_gen_en.htm

 

I hope I’ve got the link right, I have no access to it at work L

 

If you do not have an address in the UK, You will have to be served in your own country. The procedure for doing this must be in accordance with French Law. If the law permits personal service via local lawyers this is often the quickest way. However, it is often necessary to serve the documents through official channels and this can take several months. The Foreign Process Office of the Royal Courts of Justice in London deals with service outside the UK.

[Expatinfrance]

Hello Sequenci, thanks for that but sadly the link didnt work.

The sum involved is about £7500 although I dispute this vigourously (not the debt just the amount) so how do I defend it when I am here in France and cant really afford to go back to the UK or employ a lawyer over there. I did read somewhere about an EEO (European Enforcement Order ) somewhere but thought it had to be an undisputed debt.

 

What has to be served on me, the summons or the judgement?

 

Thanks for your advice and help, this is all getting a bit scary !

[Expatinfrance]

Hello Sequenci - I dont know if you will see this but wondered if you could let me have the link again, the above didnt seem to work!

Many thanks

[sequenci]

Hello Sequenci - I dont know if you will see this but wondered if you could let me have the link again, the above didnt seem to work!

Many thanks

 

i'll try and find the correct link when i get back from work later on; i don't have full web access here so i cannot find the info