DCA chasing English CC debt in France

[ODC]

Kev this is a standard Crapquest letter aimed at CONvincing you to pay something they know they cannot enforce. They obviously think you are as stupid as them

[Millennia]

I have spent all morning reading these threads and would love to join you all. Here is my story:

 

Until last summer I was a single mum / student in the UK. False accusations were made against me to the DWP and my monies stopped. Debts spun out of control and I was forced to sell my home b4 it was repossesed. I got together with my b/f and we ****ed off to France and with what equity I salvaged from my UK house I bought a place in France. We have been here almost a year.

I am being chased for money to 2 credit cards and the bank, as well as the DWP (under appeal).

I have no UK address now and letters have now started to arrive at my mums, claiming that they have been told that I live there...

My b/f hasnt found work since we left the UK so we have no means of paying these debts.

The bank is still adding huge charges despite me writing to them before moving, and advising them that I couldnt pay as yet. This debt has doubled through charges alone!

Up to now I have received no letters from them (they dont have my french address, they dont even know I left the UK), but the letters to my mums are threatening legal action. As yet I have not responded, but I dont want mum upset by all this.

 

I had to return to the UK for 3 months due to bereavement, new baby etc and rented a house temporary, and I am terrified of answering the door.

I am sure that none of the debts have gone to court yet, so no CCJ's. The last letter from 1 company states a payment plan will stop legal action but we have no income as yet. The bank want me to confirm my address (this was sent to mums)

 

What do I do? Whats my best course of action? What can they do?

 

What is a CCA?

[kev100]

Hi Millenia

 

Welcome to this thread

 

well first I think that its illegal for the DCA's or anybody else to write to your moms address, and its also illegal for them to discuss your personal details with them (data protection act(, so I think there is an harassment letter template on this site that your mom could write to them to stop them harassing her.

 

Also they have NO legal rights whatsoever to go to your moms house (or any other house) and if they do you dont have to confirm who you are and if they dont leave after you ask you can inform the police and have them removed for breach of the peace.

 

Remember these people have absolutely NO legal power or rights whatsoever, only a court can send people to your home.

 

there are others here who can give you more info and I am sure they will add here soon.

[kev100]

Is it the credit card company or DCA chasing you ?

 

Can you give more info of the debts, how old they are, for how much, when you took out the agreement and who they are for, also if its DCA chasing you who are they

[kev100]

A CCA is a request from those chasing you for the debt to prove that they have the legal right to collect it in the form of a copy of the original signed credit agreement along with all the terms and several other bits of information, if they cant provide these or they dont comply with the regulations then they cant legally enforce the debt

[kev100]

Kev this is a standard Crapquest letter aimed at CONvincing you to pay something they know they cannot enforce. They obviously think you are as stupid as them

 

Hi ODC,

 

Yes I kind of guessed that ... now looking forward to the next letter ..

[ODC]

Millenia

 

Get your mother to return all letters addressed to you to the senders. Clearly mark the envelopes NOT KNOWN AT THIS ADDRESS

[Millennia]

Is it the credit card company or DCA chasing you ?

 

Can you give more info of the debts, how old they are, for how much, when you took out the agreement and who they are for, also if its DCA chasing you who are they

 

Have told mum to 'return to sender' the letters but they just keep coming.

One letter was from the bank (Lloyds) wanting me to fill out a change of address form (sent back as unknown at this address) The bank also has one of the credit card debts.

The second is from a DCA for a small £250 debt (I dont even know what this debt relates to!). This company is threatening legal action. I cant say who they are as I returned the letter and didnt make a note of the DCA name.

 

I have had the credit cards and bank account for a number of years 5-6 yrs +. The debts only started after DWP stopped my monies and I couldnt pay them. That was approx June 07. I owe approx £14k on one card and £1.5k overdraft debt to the same bank (it was £600 but they added fees and charges!). The 2nd card is approx £7k but I have heard nothing as yet from them.

 

Its difficult to say where these companies are up to with this as I moved away with no forwarding address, and its only recently that mum received these letters.

[kev100]

I have been out of the UK since 2002, thought had paid the CC three years ago, and they have just started to write to me, the only way they could have found out my address is from the new owners of my old house in the UK, If your Mom is the only person with your address in France then I dont think you have much of a problem because it will be hard for them to trace you, but if you gave your address to the new people in your old house for example then its possible that they can pass it on.

 

The main thing is to get them to stop writing to your mom, you say that they have ignored the (NOT KNOWN AT THIS ADDRESS" route, I think your mom needs to write a letter, ODC may know which is the best to write to get them to stop harassing her.

 

 

[Millennia]

They got my mums address from my UK bank (not the one I owe to) as I gave the bank mums address as a 'UK correspondance address' when I moved to France. Mum has my french address, and newcastle are asking for it as they needed to transfer our entitlements to France (CAF) E106 etc. The new owners of the UK house do not have my french address.

[dannyboy660]

They got my mums address from my UK bank (not the one I owe to) as I gave the bank mums address as a 'UK correspondance address' when I moved to France. Mum has my french address, and newcastle are asking for it as they needed to transfer our entitlements to France (CAF) E106 etc. The new owners of the UK house do not have my french address.

 

 

It's important to remember here that 'Crown' debts, i.e Tax/N.I/Benefits/CSA/CT etc are treated differently to unsecured credit, by every Country in the EU.

 

If it's a private DCA chasing a CC or similar unsecured credit on CCA'74 (not 2006), they won't have a leg to stand on IF they traced you through the HMG system as is now prevalent but being "sold" to private companies, in the UK . ( I can hear "Rule Britannia" )

 

If you owe the Taxpayer, you will have to pay it (imo), if it's a private company masquerading as something special........kick their backsides.

 

Newcastle (Longbenton/Washington) have to know your details in order to pay any pension/benefit you may be entitled to under EU rules. That's an unfortunate fact. The notion that they then give these details to a private company for profit is.................

 

a UK phenomenon??????

 

 

 

 

Make sure you complete a P85(?) when you leave. It can make a lot of difference.

 

 

Yes, it's P85 http://www.hmrc.gov.uk/cnr/p85.pdf

[ODC]

Its time your mother took these barstewards to task. You DO NOT live at her adress so they have no right to be writing to you at that address. Time to draft a letter to these clowns on behalf of your mother.

 

Dear idiots

 

You have been writing to me regarding a Ms Millenia. For the avoidance of any ambiguity PLEASE NOTE that the person who you refer to does not reside at this address. I am unable to advise you of her present whereabouts. Any further correspondence addressed to her to this address from you or any related company will result in an official complaint to TS, the OFT and my MP. Please consider this as my final statement on this matter. Any further correspondence will result in a complaint in accordance with the Administration of Justice Act

 

YOU HAVE BEEN WARNED

[twofoot]

Well Kev this has been an interesting read, particularly as I've been through the same. One main difference is that I told them initially where I was. I was under the impression that a CCJ could be obtained using my last known address. The **** made visits to all and sundry associated with me trying to convince family that they were liable so I took the decision they were getting nowt and ignored everything like you. It was for much larger amounts and Egg was the main one. They even got a Spanish DCA on the job but I suspect it was bogus as I never got a visit. The dealings I had on the Egg case were identical to yours. I got the same letters and I suspect their next move is a French DCA but it is just a bugus one and you will hear nowt. After all what can a French DCA do about a British debt, NAFF ALL. My 6 years are just about up and I got to the stage that I wanted them to contact me just so that it confirmed I knew what their next move was. Don't answer them in any way at all and they eventually give up. 9k is a paltry sum, it would cost a lot more to go through any proper channels, (and I'm sure there are none available). Main thing is don't let them get to you. You know their next move and you are one step ahead. As for Dec 2008, forget it, like the rest of European rules it will take antother 3 years at least. If it ever does come about it then has to be adopted by the uk gov and that can be just as slow.

[dannyboy660]

As for Dec 2008, forget it, like the rest of European rules it will take antother 3 years at least. If it ever does come about it then has to be adopted by the uk gov and that can be just as slow.

 

 

I'll drink to that......and do my best to ensure it gets delayed ;-)

 

 

One thing is guaranteed while the present incumbent sits...........

 

 

"Empty heads vote Labour in,........but empty pockets vote them out......"

[Millennia]

Well guys this is an interesting issue and.. maybe its a girl thing.. but it has had me stressed out. You have all given me a bit of reassurance, thankyou.

I will look into this p85?? I think we just claimed the E106 when we moved over.

Our main residence is in France and this is where my other worry comes in.. Can they take my home? Can the DWP also touch my home for the benefit debt thats under appeal? Can they send bailiffs etc?

 

Thanks for the letter, I will draft that and pass it onto mum.

 

I need a drink after all that x

[kev100]

 

"Empty heads vote Labour in,........but empty pockets vote them out......"

 

Never heard a more truthful quote Dannyboy ..

[kev100]

Don't answer them in any way at all and they eventually give up.

 

Cheers twofoot,

 

this is the plan of action at the moment .. .

[ODC]

"Empty heads vote Labour in,........but empty pockets vote them out......"

Excellent quote there Dannyboy. I think Dave Snooty and his pals should use that in the election.

[Darren]

Never heard a more truthful quote Dannyboy ..

 

I'll second that

[InnocentMan_2008]

Well Kev this has been an interesting read, particularly as I've been through the same. One main difference is that I told them initially where I was. I was under the impression that a CCJ could be obtained using my last known address. The **** made visits to all and sundry associated with me trying to convince family that they were liable so I took the decision they were getting nowt and ignored everything like you. It was for much larger amounts and Egg was the main one. They even got a Spanish DCA on the job but I suspect it was bogus as I never got a visit. The dealings I had on the Egg case were identical to yours. I got the same letters and I suspect their next move is a French DCA but it is just a bugus one and you will hear nowt. After all what can a French DCA do about a British debt, NAFF ALL. My 6 years are just about up and I got to the stage that I wanted them to contact me just so that it confirmed I knew what their next move was. Don't answer them in any way at all and they eventually give up. 9k is a paltry sum, it would cost a lot more to go through any proper channels, (and I'm sure there are none available). Main thing is don't let them get to you. You know their next move and you are one step ahead. As for Dec 2008, forget it, like the rest of European rules it will take antother 3 years at least. If it ever does come about it then has to be adopted by the uk gov and that can be just as slow.

 

CCJ could be obtained using my last known address,is it possible? What will happep, even if they do get a CCJ? Is that mean they can now use police to trace you? How far a CCJ can go?

[Millennia]

I dont know if a CCJ can be obtained using 'last known address' but today I got a 'Liability Order' letter for unpaid council tax. It seems that after I moved to France, the council took me to court and got this liability order despite having NO ADDRESS for me!!

This bill is actually under appeal with welfare rights as it relates to the period they falsley accused me of co-habiting.. What seems so unfair is that I have been summoned to court for the same debt in April 08 (combined with the DWP debt, and both debts are ungoing appeal) yet this liability order is telling me to pay the council tax part of the debt within 14 days or they will send a bailiff!! I have written to my MP over this one.

 

I would suspect that if they dont know your whereabouts then they may take you to court and then the charge will sit on the back burner waiting for you to 'pop up on the system again', I could be wrong?

[kev100]

I am not too sure but things like council tax (in effect you are owing money to the government, and I guess in a roundabout "not really" way to the queen) they may have different legal powers than with a debt owed to a private company.

 

Be careful, they may lock you up in the Tower ..

[kev100]

Next threatening letter from capquest

 

Any views on my next move please

 

I would like to see them send a bailiff to France to collect anything from me ..

 

 

[ODC]

This is obviously a computer generated threatomatic from Crapquest. A Baliff appointed by an English Court would have no power to operate in France nor in Scotland or Northern Ireland for that matter:rolleyes:

[kev100]

This is obviously a computer generated threatomatic from Crapquest. A Baliff appointed by an English Court would have no power to operate in France nor in Scotland or Northern Ireland for that matter:rolleyes:

 

Yea I thought as much .. well roll on the next letter ..