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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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British money transfer company is chasing me I supposedly

Resolved Question:

British money transfer company is chasing me for money I supposedly owe them. The matter has been referred to district court, because I refused to pay. I made an offer and showed I cannot afford to pay, my offer was rejected by the claimant, so the case is defended. We are now trying to reach a compromise between ourselves (claimant prefers not to go to court either). However, if failing that - if it has to be decided in court, is English court decision enforceable in New Zealand where I live now? Can they force me to pay and or send bailiffs?
Thank you
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Just to add to my question: on paper, the money transfer company is in the right. Therefore I would not expect to win in court, I could only hope for small monthly repayments to settle my over GBP 6,000 debt (I have no savings and after paying the mortgage and bills there's very little left every month for food and necessities, details of which I filled in the court form). I do feel wronged, as it was a hard sale, I was pressured on the phone to agree, without knowing the full implications, I was led to believe I could just cancel the contract. I feel like they took advantage of my naivety. I have no assets in the UK and I will not be moving back there.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Was there a written contract between you? If so, what does it say about jurisdiction of disputes please?Alex
Customer: replied 1 year ago.
Hello Alex,
I did not sign anything, there was however a box to tick in the email agreement they sent, which I did, and I verbally agreed on the phone. English court jurisdiction.
Many thanks, Michael
Expert:  Ash replied 1 year ago.
In that case they can't chase you in New Zealand. The agreement was governed by English law and as such they can only issue proceedings and pursue you from the UK.They can NOT do it from NZ. In any event if they sue then this needs to be in New Zealand. I dont think any Court Judgment in the UK is valid in NZ, but you would need to ask a NZ lawyer on that.But they can't get NZ lawyers chasing the debt.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Alex, this would be absolutely wonderful news if I understand correctly. So, even though I am in breach of contract with them and I agreed to English jurisdiction, by the sheer fact of me living in NZ, they can't actually pursue me? So if I refuse to pay this money and the claimant takes me to court (which I won't attend for geographical reasons), and they win in court, I still don't have to pay up? Would there be any other consequences? Thank you
Customer: replied 1 year ago.
I thought the reciprocal agreement NZ has with UK might mean that I'll have to obey English court order? I hope that's not the case with CCJs. Thank you
Expert:  Ash replied 1 year ago.
Correct. It would be so hard to enforce in NZ. They would need to sue in NZ. They would need to apply to NZ Courts and all sorts of procedures and expense. But it would be a UK Court order they would need first - they cant start off and sue you in NZ, it MUST be UK.In any event given the value it would be a small claim, legal costs cant be recovered and the cost would be huge to get it enforced in NZ
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
So does that mean I can in fact ignore the money transfer company and the English court? Thank you
Expert:  Ash replied 1 year ago.
Yes. It would be very hard and expansive to sue you in the uk then transfer to nz
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Thank you so much Alex.

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