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

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ByScouse
#189875 :P
Last edited by Scouse on Tue Apr 01, 2008 5:59 pm, edited 1 time in total.
Byxxxxxx
#189988 Hello,

I am not sure that they can do that, which financial instituion has sued you? there are very different laws and the debit was incurred in the uk so legally they cannot sue you here inthe us for the debt. However, if the bank is international there maybe a chance that they can do that.
if i am not wrong i believe that is out of the time limit right?
which state have they sued you in? is this a local dca or they are trying to sue you from the uk?
i hope that youwill be able to solve something with the help of other members from this forum.


xxxxxxx
good luck!
Bysteve1001001
#190235 Same thing is happening to me. Make sure you answer the summons within the time limit. Google your state's rules of civil procedure. Use discovery to make them cough up the paperwork. It doesn't matter if it's an "international" bank. Do not ignore the summons. I wouldn't worry about your UK credit report at this point. Freeze all four of your US credit reports. This will stop the junk debt collector reporting anything, if it has been sold to a JDB in the USA. The OC in the UK cannot report to US credit bureaus.

Try and come to an arrangement before judgment.

Use the CCA 1974 in your affirmitive defense, Also, check the statute of limitations in your state. Some states can be as little as 3-4 years. Depends on what state you live in. Now would be a good time to start researching things like this.
ByTomity
#190347 As far as I know UK banks are within their rights to sell debts to agencies in other countries. Those agencies then come after you for the debt. I was given this information from Payplan. I am surprised though that in todays economic climate any agency is prepared to take on the risk of buying it ...they must be confident of getting it back or they would not buy it.
ByScouse
#190362 These JDB in the US buy them because they usually win their cases through default. The defendant never responds to the summons so they automatically get a judgement.
From what I gather...it is very difficult for them to prove chain of ownership of the debt. Since it was obtained in another country and they rarely have any paper from the original creditor. They must prove that they have a legal right to collect on this debt.
This certainly has been an education for me.....
Byxxxxxx
#190369 How much is your debt for? for them to pursue and chase you trough the courts this must be quiet a large debt.
how old is yr debt and which state do you live in?

Scouse wrote:These JDB in the US buy them because they usually win their cases through default. The defendant never responds to the summons so they automatically get a judgement.
From what I gather...it is very difficult for them to prove chain of ownership of the debt. Since it was obtained in another country and they rarely have any paper from the original creditor. They must prove that they have a legal right to collect on this debt.
This certainly has been an education for me.....
ByScouse
#190375 They pay pennies on the dollar for these debts. To initiate a lawsuit is another $125....where I live anyway.
Since many are won through a default judgement...they make much more money than they lose. They are counting on most ignoring the court summons and they win.
It doesn't have to be a huge debt for them to buy/pursue them in the courts here in the US.
Byxxxxxx
#190378 Do not ignore the summons. I would go for it and dispute the debt. How old is yr debt?

Scouse wrote:They pay pennies on the dollar for these debts. To initiate a lawsuit is another $125....where I live anyway.
Since many are won through a default judgement...they make much more money than they lose. They are counting on most ignoring the court summons and they win.
It doesn't have to be a huge debt for them to buy/pursue them in the courts here in the US.
Bysteve1001001
#190420 Scouse is right, it costs $206 in court fees in Texas to file civil suit, most win by default because people don't answer. Scouse, did your summons have some affidavit attached to it? This is all they need to get a default judgment. If you stand up and contest, their case will crumble. The court handling my case has set a dismissal hearing for May.
Byxxxxxx
#190483 how did you manage to do that ?

steve1001001 wrote:Scouse is right, it costs $206 in court fees in Texas to file civil suit, most win by default because people don't answer. Scouse, did your summons have some affidavit attached to it? This is all they need to get a default judgment. If you stand up and contest, their case will crumble. The court handling my case has set a dismissal hearing for May.
ByScouse
#190494 :)
Last edited by Scouse on Tue Apr 01, 2008 6:00 pm, edited 1 time in total.
Byxxxxxx
#190509 You will be ok. and as you say doing nothing is even worst. what you mean when you say "The JDB had the audacity to admit that they have no paperwork on this debt as they are not the original creditor and/or the amount may be too "voluminous". I would think that it works out in yr favour if they do not have any original paperwork. How long have they been in contact with you before they actually decided to summons?

Scouse wrote:There was nothing attached to the summons. The law in the state I live in requires a copy of the written agreement be attached to the summons.
The JDB had the audacity to admit that they have no paperwork on this debt as they are not the original creditor and/or the amount may be too "voluminous".
I will answer the summons and fight it all the way. I may not win but doing nothing is not an option.
:roll:
Last edited by xxxxxx on Tue Apr 01, 2008 6:52 pm, edited 1 time in total.
ByScouse
#190515 The JDB needs to prove that they have a legal right to collect this debt, they must also give an accounting of the amount of the debt....rate of interest etc.
In the US admitting that you have no paperwork is foolish. Without the paper trail they have no case. That admission, in and of itself, is grounds for dismissing the case. However, most judges will give them ample time to obtain this info.
As I wrote earlier, they are counting on most people being ignorant of the laws and ignoring the summons.
Byxxxxxx
#190985 :roll:
Scouse wrote:The JDB needs to prove that they have a legal right to collect this debt, they must also give an accounting of the amount of the debt....rate of interest etc.
In the US admitting that you have no paperwork is foolish. Without the paper trail they have no case. That admission, in and of itself, is grounds for dismissing the case. However, most judges will give them ample time to obtain this info.
As I wrote earlier, they are counting on most people being ignorant of the laws and ignoring the summons.
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