UK Bailiff Powers
#16
Forum Regular




Joined: May 2017
Posts: 256

I agree about contacting the debt agency to help you. Good luck
#17
Forum Regular




Joined: May 2017
Posts: 256

You might be too late but speak to a gestor any way asap
#18
Forum Regular


Joined: Dec 2017
Posts: 93
From: Malaga











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.
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.
#19
Forum Regular


Joined: Jul 2011
Posts: 86











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.
#20
Thread Starter
Just Joined
Joined: Apr 2018
Posts: 6

A family member who learnt of my predicament has offered to clear the debt. Thank you all for your kind advice.
#21
BE Forum Addict






Joined: Jun 2009
Posts: 1,217
From: Valencia area











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.
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Rosemary
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
#23
Rosemary
#24
Forum Regular



Joined: Mar 2018
Posts: 201
From: Gandia











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.
#25
BE Enthusiast




Joined: Mar 2012
Posts: 499











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.
#26
Forum Regular



Joined: Mar 2018
Posts: 201
From: Gandia











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.
"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.
#27
Forum Regular




Joined: Mar 2006
Posts: 288











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.
#28
BE Enthusiast




Joined: Oct 2013
Posts: 307
From: Nr Denia











Statute of Limitation on debt is 6 years, provided no action has been taken to trace the debtor or enforce settlement in this time.
#29
BE Enthusiast




Joined: Mar 2012
Posts: 499











"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???
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???
#30
Forum Regular



Joined: Mar 2018
Posts: 201
From: Gandia











"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???
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???
Think you will find the court system in Spain is very slow




