Advice needed on debt in Holland, living in NZ

[kiwi70]

Hi there

 

Am hoping someone can advise on what to do as am completely at my wits end of what to do. Any help or advice would be greatly appreciated.

 

To cut a long story short I moved back to NZ in 2009 after living in Holland for a number of years. I have citizenship in Holland and NZ. The problem is I have a bank debt with a Dutch bank (EUR17000 which is approx $38000NZD) and am now being called/emailed from a debt collection agency here in NZ. I am not in a position at the current time to repay the debt as I'm a full time student and a single parent on a limited income.

 

The debt collection agency initially sent a letter to my mother's address and she forwarded it on to me. I called the debt collection office (ICMS) to speak to the person and they weren't available to speak to. Since then I have received a second letter to my own address (I don't know how they got it) and I replied by email stating my current financial situation and offered to repay $150 per month until I have finished studying which will be in 2012.

 

They are stating I have to pay $3800 per month and when i said I couldn't and could only pay $150 they said thats no way near enough and said if I repaid $10,000 per month for the next 3 months that their client would reduce the debt to NZD$31000. They are also saying that they see from their research that I have interest in a couple of properties which I don't as the said properties were my father's (deceased in 2010) and are held in trust for his grandchildren and his will states this and I have a copy of the trust deeds to this effect. The collection agency are also saying that their client is in the process of issuing a default in my name - what does this mean? and what are the repercussions of this? Would the dutch bank have sold the debt onto a NZ collection agency?

 

I can't declare myself bankrupt as this will have implications on my ability to get student loans to finish my degree. They're also asking me to approach my mother for financial help but am unable to do so as she is not in a financial position to help or apply for a bank loan here, which I'm unable to do because of my current level of income.

 

This is completely stressing me out as I don't know what to do! Any assistance or advice from anyone would be really appreciated. Thank you for taking the time to read my tale of woes!

 

Kiwi70

[rebel11]

Hi kiwi

 

Welcome to CAG

The guys will advise as soon as they are available.

[kiwi70]

Great thanks!

[cerberusalert]

First things first... take a deep breath & calm down a little.

 

This is typical nonsensical garbage regurgitated by debt collectors. What they think they know and what they actually know are two separate things.

 

They cannot take any enforcement action against you in NZ. They would have to obtain a court order against you in the NL... which is easier said than done. There may well be reciprocal agreements between the NL's & NZ, but any action would have to be brought against you in NZ using NL law, which would be expensive for the litigant... hence the bullying tactics.

 

They cannot interfere with any Trust Deeds & certainly cannot demand that a third party 'help you out'.... personally I would ignore them until such time you are contacted by a NZ debt collector.

[kiwi70]

Great thanks for your reply.

 

However I think that the debt collector contacting me by email is a NZ debt collector (part of TCM Group International, whoever they are?) and can only assume that the dutch bank have enlisted them to try and recover the debt. Do I still continue to ignore them? or see what they say after they've spoken to their client about what I have offered to pay per month?

 

If a court order is issued on me from NL what would happen if I ever entered NL or another EU country again? Can just see it now being arrested at Schiphol airport with my daughter in tow:smile:. Do you know what issuing a default on my name entails and what this exactly means?

 

Thanks again for your reply and yes, I've taken the deep breath but still a little stressed

[cerberusalert]

Do I still continue to ignore them?

Yes.. if they've only got an email address for you if they get too obnoxious filter them into your spam folder.

If a court order is issued on me from NL what would happen if I ever entered NL or another EU country again?

Nothing... in the majority of civilized countries it's a civil debt not criminal.

Can just see it now being arrested at Schiphol airport with my daughter in tow. Do you know what issuing a default on my name entails and what this exactly means?

It will never happen. A default against your name only affects your credit worthiness, at the most you might find it difficult to open a new bank account.. at worst you may not be able to buy something on hire purchase or obtain a loan.

[kiwi70]

Thanks very much for your reply, its very much appreciated.

 

I'm assuming that only my ability to open a bank account or credit would be affected in NL and not in NZ?

 

The debt collector does have an address for me in NZ so will see what happens

[cerberusalert]

I'm assuming that only my ability to open a bank account or credit would be affected in NL and not in NZ?

No foreign debts should be recorded on your NZ credit file, so it should not affect your ability to open a NZ bank a/c.

The debt collector does have an address for me in NZ so will see what happens

It would make it difficult for them, even more so if they don't know which country although there are tracing companies which may try to determine where you are.

[robsroom]

I have a similar situation, would be interested to know the outcome.

 

Kind Regards,

 

R

[unclebulgaria67]

I have a similar situation, would be interested to know the outcome.

 

Kind Regards,

 

R

Unlikely you will get a response as this site does not send an email to the originator when a new post is added. Most debts are not enforced cross borders, unless you are in the EU where there is a system that allows a debt incurred in one EU state to be enforced in another EU state. If you are outside the EU, then only if there is a court judgement in another country, which your country is happy to recognise for enforcement. But you are given the opportunity to dispute the local enforcement in the country where you now reside.

 

Many debt collectors totally misrepresent the position regarding how easy it is for them to enforce the debt where you are resident. They do so because people have greater anxiety living so far away from where the debt was incurred and don't want to mess up their new life. So many people enter into making payments, even though the debt is unlikely to be subject to any court enforcement action.

[citizenB]

robsroom, you might wish to start a thread of your own. kiwi70 hasn't returned to CAG since 2011 and is unlikely to be receiving notifications of contributions to this thread any longer.