Dealing with DCA's from Abroad

[labman]

Re: Dealing with DCA's from Abroad

I don't know the answer to this so I'll ask the question. Say the OP ignored the debt, bearing in mind he is Finland for the foreseeable future (say more than 6 years), what could happen to him as the debt is in a totally different jurisdiction where he has no intention of returning?

[charitynjw]

Re: Dealing with DCA's from Abroad

I don't know the answer to this so I'll ask the question. Say the OP ignored the debt, bearing in mind he is Finland for the foreseeable future (say more than 6 years), what could happen to him as the debt is in a totally different jurisdiction where he has no intention of returning?

Post #5?

[labman]

Re: Dealing with DCA's from Abroad

Post #5?

I can't read either!


OK - so there is a directive which says they can be enforced in Finland. Is there any case law of UK judgments having been enforced in other jurisdictions using this directive that anyone knows about?

[AntFinland]

Re: Dealing with DCA's from Abroad

I can't really read the agreement because it has been cut off around the edges. You say this is the first page, is there a second? Can we see it? The devil's in the detail. As the agreement was entered into before April 2007, it should have all the prescribed terms on it.

Having said that, in order to challenge enforceability you'd need to send a s.77 CCA request.

There are three pages and i will post them today, and try to get them as clear as possible.

If this loan is for over 25k it would be unregulated, there is something on the top of the agreement which says ?????? greater than (>)25K but the first bit is covered by the tape.

it says - Non-cancellable LTSB CCD REFINANCE LOAN >25k Agreement: Loan Account number xxxxxxxxxx


It was a big loan but at least it's down to almost 20K



Would it be worth ignoring them for a while and while i do this trying to raise enough for a full and final settlement, so if they have a case for enforcing then i could offer a % and do it that way?

[AntFinland]

Re: Dealing with DCA's from Abroad

So what's Finland like nowadays? Where about are you based?

I remember banks being much more efficient than here, just like in Germany. Unenforceability would never be a possibility. It is nice when you can get an ATM card over the counter straight away, though.

I live in Tampere which is a few hours drive from Helsinki. I think the banks have a tight control, but also i think they are clamping down hard on these "payday" lenders.



For anyone.
One big fear for me is that i ignore them and when i return to the UK my loan has started to gain interest and charges and i owe 120K can interest start up again?

[AntFinland]

Re: Dealing with DCA's from Abroad

Below are the three pages from the credit agreement. Hope these are better to read.


Once again, thanks everyone who has take the time to read or comment.

-Ant

[FlamingParrot]

Re: Dealing with DCA's from Abroad

I don't know the answer to this so I'll ask the question. Say the OP ignored the debt, bearing in mind he is Finland for the foreseeable future (say more than 6 years), what could happen to him as the debt is in a totally different jurisdiction where he has no intention of returning?

It looks like the OP HAS the intention of returning. Can't say I blame him, knowing a bit about Finland...

One big fear for me is that i ignore them and when i return to the UK my loan has started to gain interest and charges and i owe 120K can interest start up again?

[FlamingParrot]

Re: Dealing with DCA's from Abroad

Below are the three pages from the credit agreement. Hope these are better to read.

As per our posts 14 and 15, if the loan was originally for over £25k, then it wouldn't be regulated by the Consumer Credit Act, even if you have now brought the balance down below £25k.

[AntFinland]

Re: Dealing with DCA's from Abroad

It looks like the OP HAS the intention of returning. Can't say I blame him, knowing a bit about Finland...

I doubt i will be returning until at least my son finishes school, so at least another 10 years. Of course things change but we can't read the future.


Just to recap, If i ignore them, they could apply to some European law which i will then, by the Finnish courts have to pay them. Would this then be a payment which is set by the courts, the DCA or by myself? Could then i offer a settlement?

[labman]

Re: Dealing with DCA's from Abroad

I'd like to know the answer to this as well. In fact I'd like to know (as asked earlier), if anyone on the site can find an example of this Directive being used against a person from the UK living in ANY other EU jurisdiction?

[Guest]

Re: Dealing with DCA's from Abroad

I'd like to know the answer to this as well. In fact I'd like to know (as asked earlier), if anyone on the site can find an example of this Directive being used against a person from the UK living in ANY other EU jurisdiction?

Me too, I have seen this mentioned but never come across a case where it has actually been used. I notice that it says uncontested debt, I think that this is important, as it would be difficult to conduct a hearing under English jurisdiction when one of the parties lives abroad, so I guess the trick is to not let them obtain a default judgment(should it come to that.

Sounds like the debt would be well and truly SB when the OP returns, so perhaps that is the best plan( no confirmation and no payment).

I cannot see anything in the agreement about post termination interest, although the contractual rate is very low for an unsecured loan, so it would probably serve the OP better if they charged that rather than the 8% stat interest should it go to court.

[labman]

Re: Dealing with DCA's from Abroad

Tis what I was thinking.

So next bit - how to stop a default judgment when you're in Finland?

I guess this is a case of making sure ALL mail is sent to an address and opened by a trustworthy person, so if any proceedings are commenced, you know about them. The DCA will need this address.

I have case law somewhere from Practical Law of someone getting a set aside after 6 years because they did not receive the summons, but I wouldn't like to rely on it after 10 years. I'm unsure without re-reading it if there extraordinary circumstances to it or not either.

[AntFinland]

Re: Dealing with DCA's from Abroad

, so it would probably serve the OP better if they charged that rather than the 8% stat interest should it go to court.

What is a SB?

Hmmm so maybe i just ignore them and see what they threaten. As i can always just agree to minimum payment later on.

[labman]

Re: Dealing with DCA's from Abroad

SB -----> Statute Barred. After 6 years (5 years in Scotland) without written acknowledgement or any payment being made from the 'cause of action, the debt is extinguished in Scotland, or cannot be collected in other areas of the UK (unsure aboout NI). They can still ask, but you do not have to pay, and they cannot enforce in court. SB is an absolute defence.

Certain debts are 12 years, but I don't think this affects you.

[AntFinland]

Re: Dealing with DCA's from Abroad

SB -----> Statute Barred. After 6 years (5 years in Scotland) without written acknowledgement or any payment being made from the 'cause of action, the debt is extinguished in Scotland, or cannot be collected in other areas of the UK (unsure aboout NI). They can still ask, but you do not have to pay, and they cannot enforce in court. SB is an absolute defence.

Certain debts are 12 years, but I don't think this affects you.

Ahh ok thanks, i was wondering what that was called. So as i have no plans to return maybe that is the best plan for now. If of course they can enforce some European law then i will have to re-think. And maybe then it would be better to think about a full and final payment to clear it.

Thank you all for interest and comments. Sometimes its good to just put these problems and worries down in writing and knowing there are people out there who will read and reply without any benefit to themselves. Finland is a cold country in more ways than just climate sometimes