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UK Bailiff Powers

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UK Bailiff Powers

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Old Apr 8th 2018 | 5:46 am
  #16  
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Default Re: UK Bailiff Powers

I agree about contacting the debt agency to help you. Good luck
 
Old Apr 8th 2018 | 7:44 am
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Default Re: UK Bailiff Powers

You might be too late but speak to a gestor any way asap
 
Old Apr 9th 2018 | 12:53 am
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Default Re: UK Bailiff Powers

My condolences on your loss,

For peace of mind it would be better to resolve this situation. The advice to contact debt support services is wise, maybe a repayment plan can be agreed that will ease the financial burden rather than having to settle the outstanding in its entirety in one lump sum.
 
Old Apr 12th 2018 | 7:49 pm
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Default Re: UK Bailiff Powers

Maybe it would be easier to just pay it or setup a payment plan with them, you obviously know who they are otherwise you wouldnt know they have bailiffs looking for you.
 
Old Apr 12th 2018 | 7:58 pm
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Default Re: UK Bailiff Powers

A family member who learnt of my predicament has offered to clear the debt. Thank you all for your kind advice.
 
Old Apr 13th 2018 | 9:16 am
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Default Re: UK Bailiff Powers

Originally Posted by Rosemary
Hi and a warm welcome to the Spanish forum on BE. Myself and Fred James are the moderators for the Spanish forums whilst myself and BEVS moderate Europe. Please read the Site Rules Site Rules | British Expatriate Community adhere to them so that the site runs smoothly. Moderators are there to ensure that the rules of BE are maintained. This is so that members gain the information that they are looking for and find their experiences on the forums to be friendly and worthwhile.

Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge about the issues of living in Spain. I hope that you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary
Rosemary there are times when your cut-paste message are really ...............
 
Old Apr 13th 2018 | 9:50 am
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Default Re: UK Bailiff Powers

Originally Posted by Dober
A family member who learnt of my predicament has offered to clear the debt. Thank you all for your kind advice.
Such a relief for you - it's so nice to hear that your family have helped out. Thanks for letting the forum know, and all the very best for the future.
 
Old Apr 13th 2018 | 6:19 pm
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Default Re: UK Bailiff Powers

Originally Posted by Dober
A family member who learnt of my predicament has offered to clear the debt. Thank you all for your kind advice.
Thank goodness this has been resolved for you. As I said in my PM at the time losing someone so important in your life is bad enough without the additional stress caused by the loan company.

Rosemary
 
Old Apr 20th 2018 | 12:46 am
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Default Re: UK Bailiff Powers

Originally Posted by Dober
A family member who learnt of my predicament has offered to clear the debt. Thank you all for your kind advice.
What a terrible story and my heartfelt condolences go out to you!

I agree with all of the above in theory... collection of debt across the EU is supposed to be easy right!
In reality it would be virtually impossible to get you to pay this debt if you no longer have any UK assets etc
UK Bailiffs have no power what so ever in Spain or anywhere else in the EU.

I have a UK LTD company and I have found it impossible for example to get debt (€7000) on an invoice paid in France.
A debt collector can send threatening letters, but in reality it is just that... In practice they would have to try and take you to court here... good luck with that one, as the legal system is so slow (years) and expensive for any practical purposes unless several tens of thousands was owed.

Even with a court order in the UK there is so little bite with this outside of the UK, that what debt collection companies sometimes try and do next is then sell the debt (for pennies in the pound) to a company in the country that you live in (ie Spain) to try and collect - this has no authority at all and is best ignored!
These companies in the UK say that they can chase debt all over the EU... but in reality they give up after no response to their letters. I know from experience!

Last edited by Smithy73; Apr 20th 2018 at 1:05 am.
 
Old Apr 20th 2018 | 1:43 am
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Default Re: UK Bailiff Powers

I've no intention of trying to teach you your business but in this case the debtor admits to owing the debt and therefore I would have thought that use could be made of a European Payment Order - a simplified procedure for cross-border monetary claims which are uncontested by the defendant, based on standard forms and enforced by the aoppropriate authorities in the country concerned.
 
Old Apr 20th 2018 | 4:23 am
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Default Re: UK Bailiff Powers

Originally Posted by rspltd
I've no intention of trying to teach you your business but in this case the debtor admits to owing the debt and therefore I would have thought that use could be made of a European Payment Order - a simplified procedure for cross-border monetary claims which are uncontested by the defendant, based on standard forms and enforced by the aoppropriate authorities in the country concerned.
Well in my case the client didn't dispute the debt at all. They just didn't bother paying the invoice or answering the debt collector.

"European Payment Order" sounds lovely doesn't it.... but in practice nothing happens.

Then for Spain - click on the flag and read the procedure for enforcing

https://e-justice.europa.eu/content_...en.do?member=1

quote - "Spanish legislation assigns the enforcement of judgments to Judges and Courts"

Here is your first problem! A judge needs to look over the enforcement paper work before the court decides how to proceed. Good luck with that one, you could be waiting at least 2 years before it´s even looked at here!

Last edited by Smithy73; Apr 20th 2018 at 4:34 am.
 
Old Apr 21st 2018 | 8:14 pm
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Default Re: UK Bailiff Powers

Good to see that the OP has cleared the debt, is there not a time limit after which it can not be enforced? Also some disinformation (saying you are going to a different country to the one you are actually going to) might have helped.
 
Old Apr 22nd 2018 | 4:19 am
  #28  
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Default Re: UK Bailiff Powers

Statute of Limitation on debt is 6 years, provided no action has been taken to trace the debtor or enforce settlement in this time.
 
Old Apr 22nd 2018 | 6:32 am
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Default Re: UK Bailiff Powers

"European Payment Order" sounds lovely doesn't it.... but in practice nothing happens.

Are you saying that as fact or is it an assumption because I know of two cases where the system worked well? The case was heard in chambers and was dealt with quite quickly by the courts.

It sounds like you really didn't bother to pursue it???
 
Old Apr 22nd 2018 | 7:17 am
  #30  
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Default Re: UK Bailiff Powers

Originally Posted by rspltd
"European Payment Order" sounds lovely doesn't it.... but in practice nothing happens.

Are you saying that as fact or is it an assumption because I know of two cases where the system worked well? The case was heard in chambers and was dealt with quite quickly by the courts.

It sounds like you really didn't bother to pursue it???
I paid a lot of money to pursue this in France.
Think you will find the court system in Spain is very slow
 


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