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Debt Initiated Abroad

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  • Debt Initiated Abroad

    I was dealing with a debt collector based in the UK on a loan initiated abroad and I was on agreement to make monthly repayment. This arrangement continued for 16 months, during this time the debt originator was accepting the monthly repayments and did not raise any concern. The debt collector went into liquidation in May 2018 and I was not contacted at all of the liquidation process. As a result, repayments were stopped. At a later stage another, a new debt collector based in the US contacted me by email. The debt collector appointed a law firm in the UK. The law firm has contacted me by email, I am currently in negotiation with them. My questions are:
    1. Shall I continue my contact with the law firm.
    2. Am I entitled to receive communication that the debt has been passed on to an alternative debt collector, as I believe my data / personal information should have not been passed on to a new debt collector without my knowledge or awareness. Can I refer to article 20 of the GDPR 2018 to defend my case OR what part of the law I can refer to support my situation.
    3. Can the law firm appointed by the 2nd debt collector take a legal action on a debt initiated abroad. Although, they do not have the same jurisdiction system?
    4. What are my rights if I can't meet their terms of payments and can I expect the debt to be continuous from the previous debt collector I was in correspondence with as opposed to a new terms of payments
    Tags: None

  • #2
    What is the law of the contract governing the loan?

    Comment


    • #3
      The debt is governed under Kuwait Law

      Comment


      • #4
        If I understand correctly, you have admitted the debt and have been paying that debt off. The firm - UK based, that you have been paying has gone in to liquidation, and upon that discovery, you stopped payments to it. A US firm has now been appointed to collect the remainder of the debt and has appointed a a solicitor firm in the UK to act for it.

        You assert that the GDPR may have been breached, but even if that was true, it cannot provide a lawful reason to refuse to pay up the remainder of the debt.

        To answer the jurisdiction point - A Kuwait court judgment is enforceable in the UK - See the Lugano Convention

        Comment


        • #5
          The debt was transferred to the US firm without my knowledge / awareness, I was expecting a sort of communication to agree on the outstanding loan balance and to be reassured that re- payment will continue as previous. The US firm are considering the debt as a new claim and they are trying to impose their repayment terms with back dated interest rate.
          1) Am I entitled to receive communication that the debt has been passed on to an alternative debt collector and if so, on what legal ground can I agrue this point.
          2) Can they impose their repayment plan although, I had a plan with the previous company
          3) What are my options if I can't meet their new repayment plan

          Comment

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