Debt questions from around the world, helping each other by giving and receiving advice on UK based debt.

Moderators: TalbotWoods, JaneClack

By steve1001001
#170934 I received a letter in June this year from an out of state collector acting on behalf of HSBC. I sent them a cease and desist letter and told them I would only deal with the original creditor, which is HSBC. I never heard anything from them again. This week I have received a letter from another collector in my home state, again acting on behalf of HSBC. It is practically the same dunning letter I received from the other collector in June. They have not sold the debt.

I contacted HSBC at the end of June offering a reduced payment. I have heard nothing about it from them or anyone else until now. Why won't HSBC respond??

I know in my state that foreign judgments (CCJ) can be collected on. They do not have a CCJ. I also know they cannot get a CCJ because I do not live in the UK anymore, and any UK judgement would not stand up in court here because I would not have been properly served in the UK. But can they sue me from scratch? If they were to sue they would end up with nothing anyway. My state has tough exemption laws. Plus I don't own anything.

I don't know how they calculated the amount. With the exchange rate and god knows what other charges they have added on, it is now more than double what it was. HSBC have closed my current account and removed the loan from my online banking. I can't see anything when I log in anymore.

I feel I'm sailing close to the wind here. I am wondering if I will be sued in the USA. I have spent hours searching the internet to find out about this. I have yet to find anyone that has been sued overseas. I guess there is always a first time. I'm worried sick about this. I've tried to do the right thing, but HSBC don't want to know. From what I can see, they would be unable to collect without a CCJ. I don't know for sure.

Any advice greatly appreciated.

Thanks.
By beatrix
#171698 Hello,

I have found this on a website, it was a reply for someone that is having the same problemof yours. it may help. check it out.
-----------------------------------------
ENFORCEMENT OF JUDGMENTS

There is no bilateral treaty or multilateral international convention in force between the United States and any other country on reciprocal recognition and enforcement of judgments. Although there are many reasons for the absence of such agreements, a principal stumbling block appears to be the perception of many foreign states that U.S. money judgments are excessive according to their notions of liability. Moreover, foreign countries have objected to the extraterritorial jurisdiction asserted by courts in the United States. In consequence, absent a treaty, whether the courts of a foreign country would enforce a judgment issued by a court in the United States depends upon the internal laws of the foreign country and international comity. In many foreign countries, as in most jurisdictions in the United States, the recognition and enforcement of foreign judgments is governed by local domestic law and the principles of comity, reciprocity and res judicata (that is, that the issues in question have been decided already.) i

The general principle of international law applicable in such cases is that a foreign state claims and exercises the right to examine judgments for four causes: (1) to determine if the court had jurisdiction; (2) to determine whether the defendant was properly served; (3) to determine if the proceedings were vitiated by fraud; and (4) to establish that the judgment is not contrary to the public policy of the foreign country. While procedures and documentary requirements vary widely from country to country, judgments which do not involve multiple damages or punitive damages generally may be enforced, in whole or in part, upon recognition as authoritative and final, subject to the particulars cited above, unless internal law mandates a treaty obligation. ii iii iv

If eventual enforcement of a United States judgment abroad is envisioned, you may wish to consult foreign legal counsel before you begin filing the complaint, serving process, discovery, trial, etc. v This may help ensure that the foreign requirements for enforcement are not inadvertently violated in the U.S. action. In certain foreign legal systems, a foreign judgment will not be enforced unless it satisfies not only international standards as to jurisdiction, but also internal requirements as to notice, and other requirements. vi Once a judgment has been issued by a court in the United States, formal legal proceedings usually must be initiated in the foreign country by your foreign legal counsel or American counsel licensed to practice in the foreign country. vii viii ix
By Left Behind
#184349 Steve

Your post was back in Oct - I hope you're still around. Has there been any progress regarding the HSBC debt? I am in a similar position and I think a discussion about what we can learn from one another might be useful.

LB