Abroadgreenspun.com : LUSENET : Repossession : One Thread
General question regarding British law and a short fall debt. If a person left England and now lives in another EU country can a British debt collector or bailiff enforce a British order in a foreign country.
-- Angela (email@example.com), June 04, 2002
My understanding is that orders can be enforced in any part of the EU. However, I think there are practicalities that may prevent some kinds of enforcement, eg how does a bailiff identify possessions that belong to you and not someone else?
However, this site does not promote evasion of debts that have been upheld by the courts. Instead we promote appealing such rulings in a higher court.
-- Lee (firstname.lastname@example.org), June 04, 2002.
That I believe depends on the agreement between the UK and the country concerned. Good idea to ask the Foreign Office, I think.
-- M Amos (email@example.com), June 04, 2002.
The law probably allows the lender to chase you in the EU but the reality is that the lender would have to observe the legal process in the country you are residing in. In practice (bearing in mind the likely language difficulty) this makes you untouchable, unless the amount you owe is astronomical.
The real question for you to ask yourself is 'Do I want to go back to the UK before the Limitations Act period for chasing the shortfall debt runs out?'
If you are looking to return before the lender is statute barred, then I would suggest that you try to settle for a minimal amount (after following the advice about strict proof of debt given on this site).
-- Gordon Bennet (firstname.lastname@example.org), June 05, 2002.