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

Moderators: TalbotWoods, JaneClack

By Scouse
#195643 I have posted regarding this issue before.....

I am being sued by a US JDB who purchased the debt from a UK bank. I am now residing in the US.
The CC was issued in the UK and used mainly in the UK.
I filed an answer to the complaint claiming lack of jurisdiction as it is a foreign debt and governed by UK laws.

The lawyer representing the JDB is claiming that the debt is not a foreign one. They submitted to the court, as an exhibit, a printout from the UK bank in question showing that they have a division in N. America.

My can I prove that this is a UK debt?
Do any of the digits of the account number show the origin of the account?
If so....where would I find this info as I would need to quote something or print it out to use as a defense.
By steve1001001
#195683 I'm not a lawyer but that printout, in my opinion, doesn't mean a thing. There may well be a US division of the company. The fact still remains that you entered into an alleged agreement with "A Bank UK Ltd", not "A Bank US Inc,".

Each division of a business, if multi-national, are run as completely separate entities. I would stick with your original defense if it were me. As for proving it's a UK debt, have you used discovery? Make them produce the documents. These will clearly show the origin of any alleged agreement and the jurisdisction in which it's governed (if they can get the paperwork).

A US JDB producing any paperwork for a UK debt? No chance. Stick with your defense. Use discovery.
By Scouse
#195731 Thanks for your response steve1001001.

I can easily prove that the debt originated in the UK but it would be acknowledging that I am aware of the accounts existence. That is something that I am wary of doing.
I am in the process of drafting the discovery....

steve1001001.....if I may ask, I understand the JDB dismissed your case. Was that after discovery? Did they respond to your request for discovery....or did they just fold and file for dismissal?
If you would rather PM me than post the info here that would be fine.
Thanks again.
By steve1001001
#195774 I was not sued by a JDB, the OC sued me. I sent my discovery to their attorney (also send a copy to the court). About two weeks later, I got a letter from their attorney asking me to withdraw my discovery!!!!!!!! Next thing, I get a letter telling me they had dropped their lawsuit. We are still negotiating. My main priority was keeping this off my US credit reports.

Is the US debt collector that now apparently owns this alleged account reporting it to the credit bureaus here? Might be worth checking this out if you haven't already. you will probably find you have a hard inquiry from them on at least one report. Any OC in the UK cannot report to a US credit bureau. My advice at this point would be to consider freezing your credit reports here. This would stop any new accounts being reported, and for all intents and purposes, this "account" that the JDB have acquired would be a "new account" in the United States.

This gives you the opportunity to try and come to an arrangement and still keep clean reports in the US.

Reading your first post in this thread again, this is almost laughable. I can pretty much bet that this "lawyer" has printed out a page from the bank's website that says they have an office in North America?!?!?!? Rubbish! Take them down! Use discovery, the chances of them having the paperwork are zero. I would also slap a copy of CCA1974 in the mail to this clown.

Also, you may know this already but send everything certified mail, return receipt.
By Scouse
#195777 I did retain a lawyer and am already beginning to regret it. He keeps advising me to settle with the JDB. I told him that I would not even consider settling without the JDB proving their case.
It hasn't even gotten to the discovery phase yet. My lawyer filed an answer to the complaint asking for a dismissal based on lack of jurisdiction. The JDB is claiming that this isn't a foreign debt. The judge has scheduled an oral hearing for next week.....unusual according to the lawyer.
I am wondering what is in it for my attorney if I were to settle......
I am allowing him to handle the oral hearing and am seriously considering giving him the boot.
The debt hasn't been reported to the US credit reporting agencies. I was under the impression that a foreign debt could not be reported to US credit reporting agencies.
By Scouse
#207516 The hearing was held, my attorney didn't want me to attend. My wife did but the judge would not allow her in the courtroom....even though neither attorney objected to her being there. The judge set a trial date.
My wife spoke to the lawyer after the hearing and he again urged me to settle with the JDB. She informed him once again that we would not offer the JDB one penny unless and until they proved their case.
We fired the lawyer....he didn't seem to have my best interest at heart. Makes one wonder what his true agenda was.
My wife handled the remainder of the case...filed Discovery etc., the JDB dismissed the case a week before the scheduled trial date.
They had no case and weren't going in front of the judge with nothing. They count on people not fighting them and they win by default judgement.
What we did was try to force the JDB to prove that it was my debt, that they had a legal right to collect it and that a foreign debt was valid in the USA.
As they are suing you.....the plainitff (JDB) has the burden of proof.
By Scouse
#207550 No - they are 2 different things.
Debt validation is done prior to them taking local court action and not all do. If you send them a DV letter, if they dont validate then they cant continue the collection process. no phone calls/ no law suit no further collection activity
Discovery is done as part of the court process
By good lad
#209142 hi mate - also scouse here in truth (hope you are a blue).

I have a couple of questions:

- what does your UK debt relate to? Reason I ask is that I have a home in the UK that I need to have repossessed (can no longer afford payments and cannot sell it). I am wondering if yours is the same situation.

- where did you find your lawyer? I do not know what type of lawyer to seek out, since most are unfamiliar with whether or not a UK bank can pursue a debt over to the USA? (ps even though he was obviously crap, I am interested in what type of lawyer he is..).

Many thanks in advance,.
By Scouse
#209176 was not a home forclosure.
The lawyer was a Consumer Debt attorney. It is imperitive that you find an attorney who is familiar with US/UK Law in this matter. I found out the hard way...after retaining one that had no clue that the UK even had laws!
I was fortunate that my wife had the brains and time to do the research neccessary and handle the remaining paperwork.
It is my understanding that IF the UK bank were to get a County Court Judgement against you for the money owed on your home (very difficult to do if you are not in the country so you can be served the summons) most states in the US would honor that judgement and enforce it.