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Moon phases


DCA chasing old debt from French mortgage - 2 questions

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Re: DCA chasing old debt from French mortgage - 2 questions

Post by dereko on Fri Nov 03, 2017 2:12 pm

Thank you for the responses, much appreciated.

They have in no way followed the pre-action protocol but presumably the 'they ' in that sentence is the DCA's client, not the DCA?

If we were to fight on that basis, would we take it up with the court that issued the EEO, the DCA's client (the lending bank) or the DCA?

dereko
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Re: DCA chasing old debt from French mortgage - 2 questions

Post by Tiggy on Fri Nov 03, 2017 2:20 pm

@dereko wrote:Thank you for the responses, much appreciated.

They have in no way followed the pre-action protocol but presumably the 'they ' in that sentence is the DCA's client, not the DCA?

If we were to fight on that basis, would we take it up with the court that issued the EEO, the DCA's client (the lending bank) or the DCA?

The Pre Action Protocol is dealing with the original issue of the claim, NOT the enforcement of it, could it be papers were served at a last known address of your wife?

You could possibly apply to the French Court to set aside the original on the basis you knew nothing about it and you want to contest it ( EEO's are only for uncontested claims) but then you would still have to defend and I don't even know if that counts in a French Court.

I can't see the date of the EEO, is it an old one? If so, is there a limitation on the time to enforce the order, might be worth looking at.

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Re: DCA chasing old debt from French mortgage - 2 questions

Post by dereko on Mon Nov 27, 2017 11:59 am

So my wife asked them for more information and proof of the debt and they have send statements from the French bank. As an aside it's really annoying that every time we communicate they produce more documentation, which presumably could have been sent in the first place.

Anyway, we will continue to find out if this is real but as a backup, what's the situation with trying to reach a settlement?

If this is a bought debt, presumably they will take an offer, in which case does anyone know what DCA's usually pay for debt (price per pound), so that we know what they might accept?

Or is it likely that they are just acting as agents for the French bank instead of buying the debt?

Thanks, as ever.

dereko
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Re: DCA chasing old debt from French mortgage - 2 questions

Post by Tiggy on Mon Nov 27, 2017 12:56 pm

@dereko wrote:So my wife asked them for more information and proof of the debt and they have send statements from the French bank. As an aside it's really annoying that every time we communicate they produce more documentation, which presumably could have been sent in the first place.

Anyway, we will continue to find out if this is real but as a backup, what's the situation with trying to reach a settlement?

If this is a bought debt, presumably they will take an offer, in which case does anyone know what DCA's usually pay for debt (price per pound), so that we know what they might accept?

Or is it likely that they are just acting as agents for the French bank instead of buying the debt?

Thanks, as ever.

It should say on their paperwork who they are working for (ie does it say anywhere 'our client')? If they have purchased it then it's usually about 10% of face value, if you do put in an offer mark it 'Without Prejudice'.

I think the thing you should be concerned about is whether they do actually have a genuine order against you.

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