Uk citizen with debt in Germany, please help.

[keldavmet]

We do have an address fr both 'companies' now, even though we initially thought that it was the rectsanwalte dealing with both. It would now seem that is not the case. So very confusing. Just wish I could get this all sorted before being posted again. Kel

[cerberusalert]

So if we were paying this money as a 'gift' would we have to keep paying?

No, it just means that if anything is paid towards a Statute Barred debt it cannot be reclaimed by you, it is deemed as a gift from you to them. In law a Statute barred debt cannot be pursued through a court but morally it still exists.

[BRIGADIER2JCS]

HI, there are many firms of ''solicitors'' that

have a core business in debt collecting, at this

stage I think you really do need to consult a German

laweyer, when I was statione there, there were firms

who would deal with problems for service families,

maybe you could find one on line.

Before you make any approach to such a firm get

all the information into logical order to present to

a lawyer.

When is you next posting.??

[cerberusalert]

The smaller debt- the orginal creditor was BMW bank GmBH....the letters that came for the small debt last week, was from a 'collection agency' but looked very much like the ones that come from the Rectsanwalte who are dealing with the bigger one. My mum says that they might not even be solicitors, but I didnt realise solicitors could claim debts...

Some solicitors also act as debt collectors, they seem to think that their letterheads will intimidate people into paying because they believe that because it's a legal firm they have some legal clout.

[keldavmet]

Thank you both, our next posting is not until 2014, we only got here in May last year. But, next lot of redundancies come out soon, so if husband is put forward we could be out of here sooner. I will try and find a german lawyer, maybe Army Legal could help?. Im also scared of them knowing we are in Germany as they dont seem to be aware of that fact and I dont know how it would affect us if they did know.

[keldavmet]

Can't find anything online, husband is going to ask at work on Monday-some of his colleagues have German wives.

[BRIGADIER2JCS]

Kel that's just what you need some local knowledge

it can be a godsend.

[keldavmet]

Yes, think a solicitor/lawyer is the best option-even if they tell us we have to keep paying at least we know where we stand.

[keldavmet]

Brig-just one other question, if they had traced my husband all thos years back, would the army be legally obliged to provide the information?

[BRIGADIER2JCS]

Yes I think so, just the fact that the authorities

cannot be seen to be obstructing the process

of local law.

[keldavmet]

Hiya Brig, Husband has a number for RAF Legal that are situated in the min Div on camp, apparently they have links to german solicitors. I dont hold out much hope that we'll get any help but Im very pessimistic at the minute.

[cerberusalert]

I've just posted in the wrong thread.

Edited January 16, 2012 by cerberusalert

[keldavmet]

Sorry Cerbs, I dont understand the post, what is DDOS? Kel

[cerberusalert]

Sorry about that not only did I post in the wrong thread but the wrong forum too.

[keldavmet]

No worries

[keldavmet]

Husband hopefully has an appointment with a german legal advisor/solicitor type person on weds am. So nervous

[cerberusalert]

He should prepare a point by point aide memoir for himself detailing the facts and mentioning that no paperwork or explanation of the second alleged debt has been provided. Also take any letters they have sent previously, It might save some time.

[BRIGADIER2JCS]

RAF Legal certainly should be able to

point him in the right direction as Cerberus

says an aide memoir is a very good idea.

[keldavmet]

Thank you both, turns out it is army legal....could have been a conflict of interest, if it turns out there is, think RAF legal are the next step. Need to get our heads together tonight and get something typed up.

[gerson]

Hi,

 

For the legal eagles helping here.

 

I have found this - English version of the German civil code (Division 5 I think is what you need to look at)

 

Hope it helps

 

http://www.gesetze-im-internet.de/englisch_bgb/index.html#gl_p0635

 

Web site gives option to download in PDF

 

G

[BRIGADIER2JCS]

Thanks that's brilliant a lot of reading me thinks:madgrin:

[cerberusalert]

Ditto.

 

german_civil_code.pdf

Edited January 17, 2012 by cerberusalert

[keldavmet]

Wow G, thanks ever so much. Got legal advice tomorrow but this will be good as a reference,

[BRIGADIER2JCS]

Wow G, thanks ever so much. Got legal advice tomorrow but this will be good as a reference,

Hi Kel,

I am on a case in court for at least

a couple of days Cerberusalert is going to

look at Gs information and I'm sure will

be able to help.

 

Brig.

[keldavmet]

Husband says thank you all for your help-I've decided to download the file and have a look after tomorrow morning as my head is bursting from the stress of it all ha ha....Im dreading the outcome, I just hope its good news.....fingers crossed eh?