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

Moderators: TalbotWoods, JaneClack

User avatar
By TalbotWoods
#184668 It would be interesting to see how, as the debts you have are covered by English Law, not US law.

Could you elaborate on what and how...

Tim
By steve1001001
#184672 I didn't think they could do this….I have spoken to a couple of local lawyers who seem to think they can but they do not have any experience in British consumer debt, consumer credit act etc.

Unless I misunderstand, Section 141 of the consumer credit act clearly states that no action can be brought in any other court except the county court of a country in the UK.

Anyway, I had a knock on my front door at 8pm last Friday night and there was a process server standing there.

I have 20 days to file an answer with the court. I tried to call HSBC this morning but could not find anyone to help me. I offered them a lower payment before but they ignored me. Next thing I know, I'm being served. I called their lawyer here this morning and upped my offer. He will put it to HSBC and get back to me.

I believe the court here has no jurisdiction over this contract. This will be my affirmitive defense if it goes to court.
User avatar
By TalbotWoods
#184674 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!!

Tim
By xxxxxx
#191932 Good for you! It must be a relief!

steve1001001 wrote:I received a letter from their attorney yesterday. They have dropped their lawsuit.