Capquest in Ireland

[dannyboy660]

European Commission - European Judicial Network - General Information - Ireland

 

Take special note of the Enforcement of Judgement section.

 

There is also SCADPlus: European order for payment procedure (Regulation)

 

CCA'74 S.141 for unsecured credit, hands jurisdiction to the County Courts of England & Wales or the High Court only, and can be easily enforced in any EU member state after Dec2008 (check that!!!), providing an uncontested judgement already exists, and you were resident in UK within the last three years.

 

CCA2006 is even more EU friendly and they may try to fool you into thinking that it applies in your case - so be careful!! They are probably going to keep you dangling until December and then announce you are sunk!!!

 

It's quite complicated, but in many cases it isn't possible to enforce under CCA'74 unless an uncontested judgement was already in existence before you left the UK.

 

NOTE : Opinion only, supported by the links provided.

[surfaceagentx20]

See also

 

Goshawk Dedicated Ltd & Ors -v- Life Receivables Ireland Ltd [2008] in particular under section 5 of the judgment dealing with forum non conveniens

 

x20

[dannyboy660]

I'm not sure I fully understand all that, but we're heading in the same general direction????

[ScarletPimpernel]

I have had a chat with an Irish DCA (who might have been under the erroneous impression that I was a prospective client:)). It seems that in general, they are just as much chancers in ROI as they are in UK, in that they rely upon individuals being ignorant of the law.

 

The DCA suggested that they would initially proceed as if the original contract were drawn in Ireland. However, he warned that whilst it is easy to bring proceedings in ROI, if the case was defended or 'complex' (e.g. an argument about jurisdiction), the lawyer's costs could be substantial for the creditor with no guarantee of winning.

[ODC]

How could you keep a straight face SP

[Allwood]

As you can see the laws in Ireland regarding credit reference is for 5 years unlike the UK which is 6 years. Not sure how this can help but it shows that Ireland is completely different laws compared to the UK.

 

Irish Credit Bureau - Credit Referencing Agency - Dublin, Ireland

[ScarletPimpernel]

How could you keep a straight face SP

 

 

I was, of course, using an alter ego, chosen for irony, but I suspect that it escaped our man down South. He's doubtless trying to get back to Mr Greyman as I write...

[dannyboy660]

Well Done Sir!!!

[ODC]

Apip

 

Any update on this

[Apip]

ODC: You must be in the know. I just received a letter today!!

 

Sorry guys for not updating. Christmas, Long January ect. And the fact that I had heard nothing from any one. Until today that is!! I think ODC must have known their time lines.......

 

Plus I didn’t get any alerts via email to advice that you guys had been having a good ole chat on my situation! My fault. So thank you all for your time.

 

Any way:

 

After I pointed out to the solicitor over here in Ireland that they should not have served me with a Court summons as it should 1st go thru a court in the UK. I heard nothing from them at all. They had in fairness to them presented me with print outs of the 'signed' HSBC contract. Which I thought may have snookered me.

 

But then I get a letter today I received a letter from www.intrum.ie who are writing to me in reference to my debt with George Y. Yiangu andCo. www.yiangou.com Who I have never heard off until today,

 

“Our client above has requested that we communicate our intentions to collect the full outstanding amount balance.

We would give you the opportunity to contact us before the following steps are imitated by us:

 

• Additional costs and interest
  
• Being called on direct to your residence by a collecting agent (We can assure you this will not happen if you contact us now)
  
• Judgment and disclosure in national publications (Can be avoided by recognizing you need to act now)
  
• Hung drawn and quartered in a city of our choosing, and you head mounted out side of CrapQuests office (Okay I made up the last one)
  

 

Pay with Giro attached below or call us for a conversation to resolve the debt.

 

Yours Sincerely

E.Ball

 

 

 

Now firstly I take the solicitors that I was dealing with at the back end of last year went back to the clients and said sorry, not touching this with a barge pole. I can only assume this to be the case as they have handed it over.

 

Secondly, creditor George Y. Yiangou, how did they end up with my details, and who in the world are they??

 

Thirdly, and your going to love this one. They have miss-spelled my name. I can only assume this is due to what would be know as Chinese whispers

 

Oh, and on the 4th note, They have only stated an amount, not € or £ mentioned.

 

So there you go. I feel like I am back to square one with a new lot of sharks. And I am guessing the same applies. Or should I just ignore this one completely after all they are writing to some ones who’s name is like mine. But they have missed out a letter or two if they were referring to me…..

 

Thanks a million guys.

 

Speak soon,

 

And ODC: Next time can you ask if I have won the lottery…..

[ScarletPimpernel]

I'm assuming that this all the same alleged HSBC debt?

 

Geography is not the World's Favourite Bank's strong point. George Y Yiangou are a Cypriot law firm who are members of the CSA, offering no collection, no fee services in Cyprus and Turkey innit, as well as North Africa. It seems that Yiangou, have then farmed it out to the hopeless Intrum in Ireland.

 

As you have seen, there are a number of glaring errors in their letter.

 

You mention that you were eventually get some agreements - can you scan them up - they may give us the final nail for the debt's coffin.

[noomill060]

Yiango- not a very Cypriot name.

 

"Hallo ev'rybody peeps, an' welcome to Yiangos Kebabs, innit, I was sayin' to them bas at intrum- go an' hassle some peeps in Ireland. I say it now ok, innit 'cos the buggas they stop the shoots an' bangs now. They should try get on OK, like we Cypriot peeps, we aint no shoot an' bang no more too, innit? You wan' chilli sos on that?

 

(Sorry, Harry Enfield moment)

[ODC]

Well for a start you have had no assignment from HSBC to Stavros or Idiots Just****a. Thats just for starters. I feel that HSBC has realised they arent going to get anything from you so have sold it on to some mug.

[Apip]

Afternoon one and all.

 

ScarletPimpernel : Yes it is the HSBC alleged Debt. And the Agreemnts I speak off, was the one I sent to you. That is all they had. Plus statements. There was nothing more added.

 

noomill060: You just couldn’t help yourself could you.... Very good.

 

And the Irish bunch called me last night. The number came up blocked, so of course I left it. It was an Indian lady, and I was tempted to ask her to spell the name of the person she was asking for as I couldn’t understand, and then to say ‘Nope, no one here of that name’ and hang up......

[ODC]

They seem to use 'cheap labour' from the Indian Sub-Continent as their telephone threat monkeys. Its bad enough having some whiney monkey from a UK threat centre phoning you up but when things are so bad they resort to using someone 8000 miles away who can barely speak the language it says it all.

[ScarletPimpernel]

I'm just doing a bit of research into ROI consumer protection law, with a view to coming up with something to send to Eejit Justicia.

[Apip]

Thanks a million.

 

It all gts a little confusing for littlle ole me. And the Wife had a heart attack last night when she saw the letter. She thought the balifs would eb at the door in the morning...

[Apip]

ScarletPimpernel: Did the Irish law scare you away?

[ScarletPimpernel]

No. I wore my special protective sash.

 

I think it still comes back to a matter of jurisdiction; the agreements are made under English law and subject to the jurisdiction of the English courts.

 

It's possible to get a European enforcement order in ROI, but there must first be a judgment in a UK court - the order costs €600, too, which I gather can't be added to the debt.

 

HSBC seem to have sold this on because they know that they can't collect. However, they've failed to send you a notice of assignment, and that is fatal to their case (if they could bring one!).

 

The next step, then, is to write and tell Eejit Justicia that you have no knowledge of Mr Bubbleandsqueak, and unless they can prove that you owe him anything you won't enter into further correspondence.

[ODC]

No. I wore my special protective sash.

 

 

Was it old and beautiful just like the one your father wore in bygone days of yore.

 

 

Personally I think IJ are clutching at straws and it just shows their 'Free State' Threatogrammes are just as meaningless as their UK ones.

[ScarletPimpernel]

Was it old and beautiful just like the one your father wore in bygone days of yore.

 

 

How did you guess?

[noomill060]

Was it worn at Derry, Aughrim, Enniskillen and the Boyne?

[ScarletPimpernel]

Was it worn at Derry, Aughrim, Enniskillen and the Boyne?

 

Your knowledge of history does you great credit

 

I might have had some trouble looking up the Irish law, but I know where our law came from!

[ODC]

Your knowledge of history does you great credit

 

I might have had some trouble looking up the Irish law, but I know where our law came from!

 

Im sure you meant 'Our Freedom, Religion and Laws'

[noomill060]

Dammit, Im going for a walk down Garvaghy Road this afternoon!

 

Drinking a can of Tango....