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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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I have a debt in republic of Ireland of 30000 euros with a

Customer Question

I have a debt in republic of Ireland of 30000 euros with a credit union, I have had letters from a collection agency demanding repayment, this I am unable to do, I have previously offered 100 Euro a month but this would take years to repay, they have never said that my offer has been accepted, I went to the citizens advise but they were unsure if they could help me or if the collections agency were in a legal position to peruse me or if they are relying on my goodwill and the thought of action to repay the debt, what is the legal position on a foreign debt when I am living here?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you. If this is simply a contractual debt resulting from arrangements made with a bank then they are entitled to pursue you in the English Courts and in England so long as they have a claim that is validly recognized in England.

You are entitled under S.40 of the Administration of Justice Act 1970 not to be harassed by your creditors as this is a criminal offence. If they frequently start chasing you to your home or work then you could consider reporting the matter to the Police or Trading Standards.

As for the debt itself, if they can prove it is owing hey can make a claim. If they do not accept a repayment plan they could petition for your bankruptcy. Do you have any assets in England they could enforce against?

I look forward to hearing from you.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I have no assets, can they legally sell on the debt to a uk agency

Expert:  Alex J. replied 3 years ago.

Hi, Thank you. Unless there is a specific restriction in your agreement with the bank, then there is nothing preventing them from selling or assigning the debt. That said the debt agency will have to prove the debt is due and owing with evidence. If they have no evidence then they wont be able to bring a claim against you. I would write to them and say that without providing evidence of the debt their actions are purely harassment which is a criminal offence. You may be able to ward them away or convince them to negotiate a repayment plan. Kind regards AJ

Customer: replied 3 years ago.

what happens if when I make an offer of repayment and they refuse can they from Ireland make me bankrupt here in the uk, also can they or have they the right to see or ask for my bank statements and financial records. is it easy for them to take court action against me here from Ireland and do you think that an English court would be accepting of their efforts

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The rules on bankruptcy in the EU is that you must start proceedings in the Debtor's COMI (Centre of Main Interest). In theory they could make you bankrupt in Ireland but if you live in England and work in England it seems unlikely that the Irish court would accept it as the proper jurisdiction.

They do not have a right to see you financial records, but in my experience repayment offers are more likely to be accepted where the offer is made based on affordability backed up with evidence. If you make your offer with evidence as to what you can afford they may be more inclined to accept it.

Kind regards

AJ

P.s I have to go off line briefly but will be back later.
Customer: replied 3 years ago.

hello, if I reply to them and make an offer , if they sat that they don't accept my offer of monthly payments, how long and how difficult will it be for them to take viable action against me , I can prove that I am not in a position to pay back large amounts, I have no assets either here or in Ireland, I am self employed , am I slightly protected because I live in the uk and does this make things difficult for them? could I drag this out for some time.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

As the debt has been sold they will likely need to go to court and get a judgment. Following the judgment a bankruptcy petition would take a minimum of 2 months.

Yes you could drag this out for a few months with out too much difficulty but it will delay the inevitable.

Is the debt collector based in England?

Kind regards

AJ
Customer: replied 3 years ago.

no they are based in Ireland, the debt hasn't been sold as the credit union has employed a collection agency to collect the debt, ultimately I still owe to the credit union

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The Credit Union can still pursue you here.

Will they negotiate with you directly at all?

Kind regards

AJ

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