Debt Recovery

Old Oct 7th 2015, 9:03 am
  #1  
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Default Debt Recovery

I wonder if someone has any experience which would help with the following scenario?

British expat ran up debts in Spain and then goes back to UK.
The creditors have judgements against the debtor in Spanish courts, but the Spanish system seems to have no means of enforcing the judgement.
The debtor has plenty of assets in the UK and has a big income so cannot plead poverty or bankruptcy. He just sticks up two fingers to his creditors in Spain who can ill afford to forgive this debt.
Is there any means, perhaps under EU regulations, to recover this debt across the international frontier?

I have heard that the debt can be 'sold' to a UK debt recovery company who then pursue the debt in the UK on their own behalf - may not get pound-for-pound but something is better than nothing.

Any relevant advice gratefully received and considered.
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Old Oct 7th 2015, 9:44 am
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Smile Re: Debt Recovery

Originally Posted by MikeJ View Post
I wonder if someone has any experience which would help with the following scenario?

British expat ran up debts in Spain and then goes back to UK.
The creditors have judgements against the debtor in Spanish courts, but the Spanish system seems to have no means of enforcing the judgement.
The debtor has plenty of assets in the UK and has a big income so cannot plead poverty or bankruptcy. He just sticks up two fingers to his creditors in Spain who can ill afford to forgive this debt.
Is there any means, perhaps under EU regulations, to recover this debt across the international frontier?

I have heard that the debt can be 'sold' to a UK debt recovery company who then pursue the debt in the UK on their own behalf - may not get pound-for-pound but something is better than nothing.

Any relevant advice gratefully received and considered.
I am almost certain there is a pan European debt recovery law now in place and EU citizens can now persue debts across borders as easily as in their home country.
It used to be just as you described and there were one or two specialist companies who would persue Community debts in UK for Spanish Administrators. I don't know the mechanism under the new arrangements but I assume if the debt was in Spain you would convert the euros to pounds and follow English legal process.
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Old Oct 7th 2015, 11:44 am
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Default Re: Debt Recovery

I don't know anything about this but as the debt has been run up in Spain and the debtor defaulted, can the debtor be denounced in Spain? Does a denouncement have power to make the debtor appear in a Spanish court?
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Old Oct 7th 2015, 5:54 pm
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Default Re: Debt Recovery

Originally Posted by la mancha View Post
I don't know anything about this but as the debt has been run up in Spain and the debtor defaulted, can the debtor be denounced in Spain? Does a denouncement have power to make the debtor appear in a Spanish court?
Done all that and have a judgement in the Spanish court in absentia.

I think that the only way you could force an appearance in a Spanish court would be by means of an International Arrest Warrant - which I think only applies to criminal cases.
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Old Oct 7th 2015, 6:23 pm
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Default Re: Debt Recovery

Hola</p> <p>I had a friend who's plane was diverted from Gibraltar to Jerez; the Advanced Passenger Information was supplied automatically to Spanish Police and my friend was arrested. This was for a civil debt. </p> <p>Davexf

Last edited by Dxf; Oct 7th 2015 at 6:25 pm. Reason: typo / paragraphs all shunted together
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Old Oct 7th 2015, 6:42 pm
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Smile Re: Debt Recovery

Originally Posted by MikeJ View Post

I think that the only way you could force an appearance in a Spanish court would be by means of an International Arrest Warrant - which I think only applies to criminal cases.
I think you are right there Mike.
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