How can they issue a summons if you live abroad?

greenspun.com : LUSENET : Repossession : One Thread

I was one of the unlucky negative equity punters of the late crashing '80s. I paid my mortgage up until '94 and then handed in the keys. I now live in another EU country and have no intention of ever returning to dear old Blighty.

I recently received a letter (how did they find me?) asking me to contact their solicitors regarding the mortgage. Yeah, right! If the lender wished to start proceedings, how could they do so given my enforced exile? They can't summon me to appear before a British court, as far as I am aware.

The supposed 'shortfall' is about 30,000, even after they cashed in my endowment. Will they have to start extradition proceedings? Somehow I can't imagine this.

-- Adam Bramford (Adambramford@hotmail.com), January 10, 2001

Answers

Who is the lender? Some lenders have said that they will not chase up shortfall debts after 6 years.

-- Jo (chrisbrad@zoom.co.uk), January 10, 2001.

A creditor can issue a summons abroad. The Civil Procedure Rules part 6 and practice direction 6 and 6b deal with this.

There's no question of extradition or anything like that because you've not committed a criminal offence. I'm not sure exactly what would happen, I guess it would be transferred to your local court.

Like with shortfalls in the UK, most lenders seem reluctant to actually issue a summons anyway and tend to rely on the borrowers ignorance of their rights and the law and use threats to get them to pay up. The fact that you're not in the UK will give you a better chance.

-- Pendle (Pendle@amun-ra.demon.co.uk), January 11, 2001.


Thanks for your responses, they have been helpful.

The lender was Nationwide. I never missed a payment, was young when I took out the mortgage amid all the easy 100% credit, never missed a payment - right up until I vacated - and I feel that Nationwide made more than enough on me. Now I am just getting on my feet again, and Nationwide are once again coining it in amid another property boom. I would rather go to jail than give the b******* another penny.

Thanks again.

-- Adam Bramford (adambramford@hotmail.com), January 13, 2001.


Moderation questions? read the FAQ