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Dealing with DCAs from Abroad – Non EU.

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  • Dealing with DCAs from Abroad – Non EU.

    Hello all,

    I have been reading a similar case to mine “Dealing with DCAs from Abroad but have some aspects to my situation to which I would be grateful for your advice.

    Apologies for the length of the post in advance.

    I have abroad for 14 years with no sign of returning to the UK.

    I took out a credit card with RBS in 1990 whilst living in the UK. I left the UK to work in 2000 and regularly paid my credit card bills until I lost my job in 2009/2010.

    For the next 2 years I was either unemployed or working with a start-up company where the wages were just sufficient to feed my family (around £300 per month). This is in a country where there is no such thing as unemployment benefit or the NHS or free schooling. You can imagine how these 2 years destroyed me financially.
    After losing my job and missing credit card payments the RBS transferred my debt to a DCA. I tried to make payments but during those 2 years defaulted; the last payment was over a year ago. Then my debt was passed from DCA to DCA.

    Living abroad I either receive mail either to my parent’s address or to a mail forwarder (PO Box) in the UK.
    My parents have received a letter (addressed to me) from Regal Credit Consultants regarding my debt. I contacted Regal Credit saying that I had not lived at that address for over 25 years and that I wouldn’t discuss anything else with them over the phone. They said it was my last recorded address on their records so I gave them the PO Box to contact me.

    My main concern is to stop Regal Credit Consultants from writing to and now calling my elderly parents.
    The lady from Regal Credit did threaten that if I didn’t contact them after they wrote they would send someone for a “home visit”. I asked would they send someone on a plane 4,000 miles and she replied no it would be to the last “real” address - my parent’s.

    While I know this is probably an empty threat I want to ensure it doesn’t happen.

    So my questions to the forum are:

    How do I immediately stop Regal Credit harassing my parents and do I give them my “real” overseas address as they do not accept the PO Box as anything other than a mail forwarder?

    Once I receive their letter do I ignore it or proceed with the “prove it letter”/CCA procedure?

    While there may be legislation regarding debt collection in the EU what chance, if any, do DCAs have of pursuing a debt outside of the EU area and would they perceive it as too difficult/un-profitable?

    Thanks for your advice
    Tags: None

  • #2
    Re: Dealing with DCAs from Abroad – Non EU.

    Hi

    I am an ex pat living in SE Asia with a large amount of UK debt (>£24k). You are better off letting your creditors know your new address.

    If you fail to notify of a new address a creditor could issue court proceedings to your last known address, which if you have not changed will be the UK address, thus usually obtaining by default a CCJ

    However, living outside of the EU the creditor may employ a local DCA who would have no legal powers and are more than useless than the UK idiots. If the creditor wishes to start court proceedings they would have to issue court proceedings to your new address, and when you acknowledge receipt you would also mention that you wish for the hearing to be heard in the nearest court house to your dwelling. In this case the court would be in your domiciled country and would need to be heard by a local judge under ENGLISH LAW and I would suspect that no one outside of the UK (EU) would know enough of English Law.

    Case dismissed, they have had thier chance, no second bite of the cherry.

    Where I live my partner is a highly qualified lawyer and although she was trained in England states that no one would ever consider taking on a county court case under English law in Asia due to the complexities and the impossibilities of Enforcing under English Law.

    However if you really must retain your UK addresses you may find that you can have any default judgements set aside as you would not have any knowledge of it

    Hope this helps

    Comment


    • #3
      Re: Dealing with DCAs from Abroad – Non EU.

      Thanks for your advice (and that of your partner!).

      I gave them my new address and await their letter. They have put everything on hold for 3 weeks as I live overseas.

      Lets see what happens once I receive the letter.

      Comment


      • #4
        Re: Dealing with DCAs from Abroad – Non EU.

        how old is the alledged debt./last payment what was it loan/credit card? address 25 years ago?

        Comment


        • #5
          Re: Dealing with DCAs from Abroad – Non EU.

          Originally posted by MIKE770 View Post
          how old is the alledged debt./last payment what was it loan/credit card? address 25 years ago?
          Last payment was August 2013
          It was a credit card balance debt. The credit card was opened in 1990.
          The address they were using (my parents') has always been used as a convenient mail forwarding address as I haven't lived there since 1989 and since 1999 haven't lived in the UK.

          Comment

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