what can a debt collection agency actually do if someone refuses to pay up?

Interesting read this. However, what can be done if the debtor moves back in with family and/or friends. They themselves might not have any assets but their family member (parent, brother or sister) could own the house that the debtor has moved into? Can the creditors claim against the asset of say the parent?
 
Debt collectors abroad

Hey can debt collector get you if your in Ireland and they're in a different country threatening with legal action?
 
Debt collectors abroad

quite a short answer? Are you positive?
 
reading the earlier posts about the powers of the Irish versus UK debt collection companies. If I had a judgement for unpaid mortgage in Ireland and living in the UK, even though the Irish debt collecting companies dont have the same aggressive powers that the UK debt guys have, what is stopping the Irish creditors (or debt collection company) from selling my debt onto a UK debt collector who can in turn start to get quite aggressive and well within their rights to confiscate my goods?

Is this a possibility? I have a fear of what could happen to future assets if I get a judgement in Ireland. Would the Irish bank be able to sell this onto a UK debt collection company (presuming they know im in the UK) without going through the UK courts first? And would the UK courts entertain such a case?
 
Ok, let's dispel a few myths.

UK debt collectors cannot seize goods. Only certificated bailiffs or high court enforcement officers can seize goods on foot of a court order.

In order to get such an order they would have to go through the county courts first.
 
munchy said:
reading the earlier posts about the powers of the Irish versus UK debt collection companies. If I had a judgement for unpaid mortgage in Ireland and living in the UK, even though the Irish debt collecting companies dont have the same aggressive powers that the UK debt guys have, what is stopping the Irish creditors (or debt collection company) from selling my debt onto a UK debt collector who can in turn start to get quite aggressive and well within their rights to confiscate my goods?

Is this a possibility? I have a fear of what could happen to future assets if I get a judgement in Ireland. Would the Irish bank be able to sell this onto a UK debt collection company (presuming they know im in the UK) without going through the UK courts first? And would the UK courts entertain such a case?
Click to expand...

Hi Munchy,
I realise you have been advised here to go the bankruptcy option already but this seems the only solution to all your what if scenarios.
For example bankruptcy equals-a write off of all debt, no judgements,
No threat of imprisionment, no people looking for you.
All this means an end in sight and a new start.

I don't think this is an attractive option to you and I am wondering if there are other factors here? Have you other assets you are trying to hold on to that you would loose in bankruptcy? Is it possible (no offence) that you are a won't pay?

Just asking these as if not, bankruptcy in the UK is the way. There are so many in similar positions here that would love to be in the UK right now for that very reason.
 
Hi Luternau,

When I started to get advice from UK forums, some of the information was more dire than provided here. If I was a bankruptcy tourist, and returning to Ireland, its a lot easier. But to make a new life for ourselves in the UK is much harder when starting off as a bankrupt. It affects my work and the some of my professional duties (when I find new work) long term, and we are also in the process of doing an adoption assessment and this can be a major hindrance and we may have to wait another 5 years before approval which will put us in our late forties. To qualify as adoptees we must have a min 2 bedroomed home and be able to take the first year off work to be with the child fulltime ie, substantial savings. Even though the debt is discharged after a year, there is an IPO on income for 3 years so I will hand over all future "surplus income" over and above my stipend (and its a tight budget you live on) Before we fell on hard times in Ireland some years ago and I lost my job, I was the breadwinner as my husband doesnt earn much, and so if I start working again here I dont relish having all our income for the future adoption channeled back to the EBS. My concern is about future earnings and how that affects us. All cards, bank accounts etc will be frozen and to go into a new job working as a professional and asking for cash in hand every month will not be a possibility. And no credit for many years to come after that. Starting a new life in the UK is very hard if one starts bankrupt and there is much to consider. If there were jobs and babies available for adoption in Ireland, Id be staying put and facing EBS head on. At the moment we are divided about our options and I will keep asking lots of questions until I am clear.
adly
Ideally we would like to get approved for the adoption before any Irish judgment so that if we declare bankruptcy we could then include all our expenses and obligations for the receiver, along with childcare and other startuary requirements for us to care for a newly adopted child, but if we face the courts childless it will likely stop that process in its tracks. The adoption procedure here in the UK is very strict about that sort of thing. This wouldnt be an issue if my hubby was a high-paid executive but sadly he is not :) A lot of this burden is on my shoulders

Edited to say : I am really jumping ahead quite a lot yet because its only early days in my arrears and I hope instead to reach an amicable settlement with EBS instead. On advice here I have written to them to ask that we organise interest only until such time that I can find work and start over again. My current financial situation is very dire and will take at least 6 months for us to be back on top, fingers crossed. But they may not consider it and not accept it... especially if I am not in Ireland.
 
Wow Munch I'm very glad that Luternau had the forsight to ask you the question as we now find out a lot more. And it's so important too. I couldn't understand why you were all over the place on this.

Please post on one thread where you've most of the story all the details on one post so that we can see the issues. Basically you don't want to go UK bankrupt because you live there and the implications it has on adoptions/job etc.

Maybe you should do a new thread. I suggest, 'UK based but do not want to go bankrupt here '

Something that we've never had to look at on AAM before.
 
Thanks so much Bronte. I didnt think to mention non-financial stuff and have found myself asking questions on old threads so my name is popping up a lot. Declaring bankruptcy in the UK is much more complicated than I had initially thought especially in order to create a new life here. Ive always had an impeccable credit record and been the goody-goody all my life so its very hard to imagine an officer of the courts watching over my shoulder for 3 years, and professionally it is harder as I sometimes do make appearances as an expert witness type and cant if I am bankrupt, and it generally casts a very dark shadow over all that we do. Sadly my husband is also in a financial hole and has lost so much, and also fighting with creditors.

EBS's letter last week sent me into a spin of research because I really believed that we had come to an arrangement because I had had a verbal positive, and so to hear they were handing me over to their legal team really set me into motion. I hope we can pull back from their legal team and I can come to an arrangement with the bank instead. Surely a judge would be surprised to see a case come before him where the debtor was actually still making monthly payments, albeit less than the interest?

Edited to add: Oops, yes, sorry I realise that this is the banking thread so Ill focus elsewhere.
 
Hi Guys,

I have a question regarding this same topic.

A few months a go I had to go see a doctor in Ireland, Paid the doctor with out any problems. Instead they couldn't help me and send me to the Hospital. There I had to spend my day. After that, just got some medicine prescribed (what the previous doctor should have done). But noticed they had my last name spelled wrong by 1 letter.
Now they have been sending me letters to pay an amount of 380, which if i knew in advance i would never agreed on. This is ridiculous for just prescribing some medicine. I have been ignoring there letters. But this time this company called BROWNE LEGAL send me a letter that if I don't pay within 7 days they will continue with legal procedures. I need some advice, and to know if it's worth it, ignoring them.
A few facts; I am not registered in Ireland (only at the PPS office with a different address). (They have my address because i had to fill in a form at the doctors office.
I don't have a Irish bank account or subscription
My only assets here in Ireland are my Playstation, laptop and clothes
 
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