Debt collecting agencies

16 Replies
gisme

1136894399

Message

Does anyone know the exact legal position of UK debt collectors here in France and their methods of collection.

Replies

cardi-383617 1136896524

Yes, they have no powers whatsoever. It is quite easy to use French debt collectors if you have a debt registered with the (French) court. Their powers and methods are similar.


cardi

gisme 1136963765

Can an debt incurred in England be registered with a French court?


olga

gisme 1136963902

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.


olga

cardi-383617 1137010326

Afraid so. A debt is a debt wherever incurred. The system is similar, you will have to be informed of the application to your French address and you can contest it.


cardi

gisme 1137010551

Thank you cardi, you are a mine of useful information.
I am much obliged.



olga

Michael C Feltham 1137011772

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.


 


 



Michael F

Skype Name: Michaeleff

themindfield-390624 1137015196





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

Michael C Feltham 1137076494


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.....................


 


 



Michael F

Skype Name: Michaeleff

c2oafc-383379 1137094923

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...


Chris



Master Carpenter

Grossac 1341524190



This is an old thread that I picked up Does anyone have any more actual and current information

Fitter 1341533029

The recovery of a debt following a judgement from a court in the UK is enforceable in France using a European Enforcement Order (EEO)

EEOs can be enforced against anyone resident in, carrying on business in or having assets in any EU member state (except Denmark). They can also be enforced in Norway, Iceland and Switzerland.


For example, a judgment obtained in England against an English defendant can be enforced through an EEO against any assets that the defendant may have in any other EU jurisdiction.

It is now possible to obtain an EEO from the court that gave you the judgment and that EEO can be enforced in any other EU jurisdiction without any further registration process being undertaken in the local courts.

This will cut out the intermediate process of having to register your judgment locally before enforcement can take place.

Therefore, a judgment obtained in England and Wales against say a French defendant can be enforced immediately in France using the enforcement processes available in France. This might include directly instructing a local huissier (bailiff) to recover the judgment debt for you.



Dug1-444470 1341562011

Lots of people try and skip out on debts .I spent 10 years in debt collection and have recovered debts from usa and ireland and France Nowhere to hide sorry. I hate people who try and wriggle out of paying after they have had the services or the goods people like that bring everyone down as guess who pays in the end you do through price increases . All those who support debtors should have it happen to their business and see how funny it is.

Robot9 1341565605

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.

talkalot-408003 1341565708

Hi.


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.


,Regards


Robot9 1341565801

Sorry forgot the web site its here ..... http://www.getoutofdebtfree.org/

new to the patch 1341567036



It is all down to the question of jurisdiction and if a CCJ is in place and say against a debtor who at the time was resident in the UK then it can be dealt with here in France. However it takes time and money and then it is all relative. The more 000's at the end make it more likely than not.

To my clients I have also said it is easy to get a judgment but much more difficult to get the cash.

However someone here has given very good advice in that it is better to face up to the problem. Whether the OP has a debt or not is not for us. We all react differently but head in sand sometimes works but mainly does not and I would not like to receive an unwelcomed visit one day from some form of agency.

I am presuming that the OP does not have any other assets in the UK.

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