- Tue Jan 29, 2008 10:53 pm
I agree 141 does give full protection, in the same way as a US debt cannot be pursued in a UK court, under their financial laws.
I would be inclined to challenge this in the US Courts, pointing out that the US Court Systems (or whatever the civil court system is called) cannot deal with this as it is outside of their jurisdiction, in as much as this is a debt covered by English Law and under English law (Section 141, it cannot be judged upon outside of the UK.
I strongly suggest that this may be a scare tactic, and I can appreciate one hell of a scare tactic.
Also be aware that HSBC do occasionally use debt chasers in the US, and they have been known to use much nastier tactics to try and scare you into paying, and as debt collection is less regulated int he US they do try more dirty tricks!!
I am also aware that in the US the courts are more open than in the UK, and will offer advise, so it may well be worth while contacting the court and asking them since when could they chase a debt that is regulated under English Law, in contradiction to Section 141 in English Law. You may find they have no knowledge of the peperwork!!