Australian Credit corp chasing me for dept i now live in France

[hyabusa]

Although the letter looks offical its a scanned copy it hasn't got the acte just

Avis avant poursuites

It is not even addressed to me apart from the envolope

I have sent a email to Asic

thanks

[marmaris30]

I think that gives you a bit of time then, to check out the judgement registry in Oz and hopefully get a copy if you don't already have one. I know nothing about Oz or its legal system though.

 

The Avis suggests that they know where to find you and probably intend to prosecute the matter, but obviously anything official would be addressed, and either served by recorded post or personal visit by the huissier.

 

If I were you, I'd try to get advice from a lawyer on enforcement in France of foreign judgements as soon as possible. There is a 5-year statute bar in France that might apply to this at a guess, or you might try to argue that the original judgement is invalid because you didn't have an opportunity to defend yourself, and that the case should therefore be reheard either in Oz or possibly France. There are also expat boards you could look at for other people's experience of this kind of problem.

 

Bon courage.

[hyabusa]

I have checked the judgment and rang to comfirm,they have not filed a claim through the courts in Australia against me.

Avis advised me to contact credit corp,

[marmaris30]

Clearly Australian debt collectors and their French partners are just like British ones then, sending fake official-looking letters to trick you into thinking legal action is in process when in fact they're doing nothing of the sort.

 

You could do a bit of research on time limits in Australia and France regarding statutory bars and jurisdiction over non-residents, especially if it's been several years (5+) since any payment was made.

 

Before the real huissiers come and batter your door down, the creditor needs a valid judgement in their favour and permission to enforce it. I doubt they'd get very far obtaining judgement on an Australian contract in a French court - the problem would arise if they are able to obtain judgement in an Australian court, and then simply need to enforce in France.

[hyabusa]

Hi

I moved to Australia in 2006 from France but didn't close my french account down,I have moved back to France and today received a demand from debt collection company for 2400 euros,the bank account was in both our names i have since parted with my wife and they say i owe the money,the debt is over 8 years old and i knew nothing about it,what advise can anyone give me

thanks in advance

[hyabusa]

Hi

I Lived in France until 2006 then moved to Australia we never closed our bank account down,i moved back 2 years ago and today got a letter of a debt collection in France for 2500euros from the account from 2006 which i knew nothing about, the letter was addressed to me even though it was a joint account,

this is 8 years old do they have any claim

thanks in advance

[ims21]

Two threads on the same subject merged.

 

Please keep to this one thread for this issue.

[hyabusa]

hi how do i delete one

[dx100uk]

5 threads on same issue dating back to 2011 merged

 

thread tidied

 

dx

[cerberusalert]

As far as I'm aware the Statute of Limitations is five years in France, so if you haven't acknowledged the debt or made a payment in that period it would be SB.