Does anyone know the exact legal position of UK debt collectors here in France and their methods of collection.
Can an debt incurred in England be registered with a French court?
Thank you Cardi, Another question please, can a debt incurred in the UK be registered with a French court and collected in the same way as in England.
Thank you cardi, you are a mine of useful information.
I am much obliged.
I am most interested to know quite how a UK creditor, can register a debt in a French court.
The cost could be significant.
Cross-Border debts have always been very difficult to enforce, mainly since they have to encompass different legal jurisdictions.
I do know that debts incurred by (for example) shipping companies, can be subject to international agreements: debts such as "Hull" mortgages, can be exercised, where proven in a Court, can be enforced by lien. Same with aircraft.
However, debts against a person are quite different.
Perhaps cardi would most kindly expand her knowledge on this, for everyone's benefit? Many thanks.
Debts in the UK can not be enforced in France unless they have a court judgement They then have to have a french court accept the english courts decision then they have to use french debt collectors.
Unless the debt is of a very large sum they do not. American exxpress for example do not try and collect debts of anything under £5000
Many thanks for that, themindfield.
I would suspect that trying to obtain a concurring judgement from a French court would not be easy!
Plus it would be expensive.....................
so let me get this right....
bad debts on bank loans, credit cards etc cannot be enforced on the person if the debt is based in the UK... no wonder our banks dont like us having loans, or credit cards when people are live in France... does the European issue not come into play or is it the courts of the land of the debt that is important... I find this amazing ....hey ho stop that cheque...
When a person welches on a debt with a bank or any other credit agency, the company involved sell the debt to a debt agency for pennies on the pound, example, a £5000 loan will be sold for £1000, the agency will collect £5000 from you. but once the loan company sell the debt, in law it is discharged, that means there is no debt to you. people dont know that, and debt agencies know you dont know that, so they act illegaly, they contact you and ask for you to pay what you can, you say a pound a week, once you have agreed to this, you now have a formal contract with the debt agency. never offer anything in payment to a debt agency, the only thing you must say at all times is to ask to see the contract you have signed with them, as a contract with them does not exist you are under no obligation to pay the debt agency anything. lots of people are now fully aware of the illegal operations by debt agencies and are beating them at their own games.
i dont advocate welching on deals.
to cancel your debt go to this web site read everything on it, and use the methods and letters that are supplied, by following the info exactly you should be free from the debt in a short time. every thing you find on this site is all perfectly legal and lawfull.
by the way i have never been in debt so i have never had to tell the debt agencies to clear off.
This is purely my understanding of the process of UK debt in another EU country..
Yes, "technically" a debt can be pursued in France, however the following applies
1. Under OFT guidelines in 2010 they announced that debts under the Consumer Cedit Act i.e credit cards, loans etc must be pursued where the debtor is dominciled i.e France for you - technically this is possible however as it is a contract governed by UK legislation although heard in a French court it would need to be heard under UK law - not impossible but very expensive - it would depend on the amount owing if the creditor would see it as viable to pursue.
2. As "Fitter" pointed out if a judgement already exists in the UK this can be enforced anywhere in the EU with no limit of time- however if no judgement exists a creditor cannot have a UK court grant a ccj / decree against a non-UK resident. If they do by using an old UK address- you can apply to the court to have it "set-aside"
3. There is another procedure which was implemented to speed up cross -border cases, this is known as an EEO, this can be applied for in some cases depending on amounts owed etc, this does not need to be verified by any UK court before papers are served , certain procedures are followed then presented to a court in the country you are living - it is not the courts job were you are dominciled to check the claim, they are only obliged to present it to you -the important part is that if the claim is uncontested i.e you agree with the claim, the amounts etc the court in France will then put the order in place, however if you do contest it by means of query of amounts, interest applied etc the claim is returned to the court of origin i.e for example the UK which takes you back to my point no. 2.
An EEO cannot be used for all types of debts i.e certain contractural and matrimonal debts are exempt
I am in no way advocating debt avoidance. Technically all debt can be pursued anywhere but creditors will take into account cost, chances of success etc.
For those in financial difficulty, best to speak with your creditors and arrange a payment plan, better that than worrying everyday.
These points are based on UK debts in France so if your original question is in connetion with UK debts I hope this is helpful, regarding French debt collecting agencies and French debt hopefully someone elese will be able to help.