Bank of Ireland (UK) Vs Me

KingPuck01

Hi,

I ran up a bit of debt on my UK credit card when i was living in London. I continued paying off the debt for a year or so while living here in Ireland. Problem was i would miss maybe every second payment and got nailed by huge fees. I made a request under the freedom of information act (uk) for a list of all fees added to my account for the past six years and included the fee of £10 for this information. I received only partial info about 1 year. So i stopped paying of the debt. now after 4 years i'm being taken to court for 4,500 euro, original credit limit was £1500.
my questions;
can they jump juristictions like this?
can they change the currency to suit the country?
do credit card companies have any thing resembling a "duty of care"?

more info to follow if this thread attracts any interest (excuse the pun)

thanks

Tom Young

See we don't do legal advice!

That may be a problem. You should take same from your solicitor and do so soon.

can they jump juristictions like this? - Yes;
can they change the currency to suit the country? - Yes; and
do credit card companies have any thing resembling a "duty of care"? - Yes, subject to your contract.

Aprilsunshine

What sort of a fool are you? If it was that easy to take a 40 minute flight and abandon a debt we would all be doing it.

KingPuck01

fair enough, but fancied taking this one on myself. won a similar case in london against a mobile phone company, proving they breached our contract first. so i've got a taste for it, and hungry for more.
And i'm not looking for legal advice exactly, i'm not going to refer to a blog page to support my arguement. i'm just looking for a few pointers.
see the thing is not too sure about the irish system. i left here when i was 18 so more used to the english system.

do they first have to bring this to court in england before coming after me here?
this wasn't done to my knowledge.

can i get a stay put on the case to give me a bit more time to prepare a defence, and how do i do this?

could i start proceeding in the uk against them for ignoring their duties under the freedom of information act, whereby forcing a stay here until such matters are resolved?

if this is bothering you, don't feel you have to respond.

thanks

KingPuck01

The debt isn't per se enforceable in our jurisdiction (save the possible application of the European Enforcement Order for Uncontested Claims Regulation 805/2004), what is enforceable is a Court Order/Judgement of a competent court in the UK.

is this correct?

Tom Young

Hire a solicitor. The likelihood is you've already a default judgment registered against you in the UK.

Mobile Phone Contracts v Credit Cards and Banking debts are two very, very different things.

You could just discharge the debt and save yourself a whole heap of cost, hassle and time.

pjmn

a) You spent the money...

b) You didn't adhere to your contract...

c) Pay up...

KingPuck01

actually i didn't spend the money, the vast majority of the debt is down to fees! But thanks for your input

pjmn

No problem - point b) obviously being the relevant issue then.

Mezcita

OP take a look at this:

http://www.moneysavingexpert.com/reclaim/bank-charges


Specifically relates to the charges imposed by banks for missing payments.

Good luck.

KingPuck01

thanks mezcita thats where this started 4 years ago, that site got me on the the freedom of information act.
if they had sent me the info, i would have claimed back anything i could and carried on servicing the debt

i wonder will they remember to bring my original contract to court?

KingPuck01

i wonder if i offered to pay the £1200 i actually spent would they drop the fees.

Tom Young

KingPuck01 wrote: »

i wonder if i offered to pay the £1200 i actually spent would they drop the fees.

Why should they? You're on full notice of the interest levels, repayment requirements etc.

KingPuck01

well they could get £1200 now or possibly 5 euro month for a long long time!

Our man in Havana

That is the thing.

If they knew that they would probably bite at the chance. Banks are desperate for money these days.

subrosa

it's always good advice to talk to the person you owe money to honestly. Its astonishing that many people end up in court without having a frank discusion with the creditor. In most cases they will be happy to accept a lessor (and realistic) sum over a longer time rather than nothing. Remember the creditor has to pay a solicitor (or occupy their legal team) and pay a barrister to recover the debt, with the possibility that on a bad day, and with an annoyed judge, it could all go badly.

It's always worthwhile approaching a creditor with an offer. Even 20 euros a month, and no more interest, till the debt is paid might tempt them.

KingPuck01

is it possible they got a default judgement against me in the U.K without giving me the chance of a defence. None of their letters made any reference to this happening.
i need a copy of the original contract do i ask for this before the court appearance or on the day then ask for a continuance.

love this stuff

Tom Young

I am closing this thread now, the charter does not allow for legal advice. Sorry.