Can a foreign company do this?

mungry

First time poster so not sure if I’m in the right forum for this but here goes.

Basically an American company has used a UK debt collecting agency to recover an alleged debt from me. Can they do this? Does a US company have any jurisdiction regarding UK law or is this some tactic they might be using?

Thanks for any advice in advance.

rog2

mungry wrote: »

Basically an American company has used a UK debt collecting agency to recover an alleged debt from me. Can they do this? Does a US company have any jurisdiction regarding UK law or is this some tactic they might be using?

Assuming that this alleged debt is an American consumer debt, subject to an agreement signed in America, then:
An American 'creditor' may use the services of a UK Debt Collection Agency to try to track you down, but that's just about all.
Whilst the dca may ask you if you wish to make any payment towards the alleged debt, that dca (even the original creditor) can not enforce a foreign debt/agreement through the UK Courts.
Nor can they enter a 'default' on your UK credit rating file.

mungry

Thanks Rog2 for your advice. Had a recorded delivery from the dca this morning stating they were going to serve legal proceedings if i did not cantact them. Would it be advisable to write to them asking not to contact me in future? Again thanks in advance for any help

GeorgeUK

Rules for "foreign debts" changed recently, but i'm not sure if this is only for european countries and also if the debts are undisputed.
(I was posting on CAG and was corrected).
http://www.consumeractiongroup.co.uk/forum/general-debt-issues/183657-when-does-6-year.html#post1977607

rog2

mungry wrote: »

Had a recorded delivery from the dca this morning stating they were going to serve legal proceedings if i did not cantact them. Would it be advisable to write to them asking not to contact me in future?

Certainly would NOT contact them by phone, mungry. In my opinion the 'threat' of legal proceedings is no more than a 'scare tactic' as I can't see how they could possibly start legal proceedings through the UK County Courts for an American consumer debt.
Who is the UK dca?

mungry

Thanks. The dca company is called CCI legal based in Porthmadog, Wales. I do get the feeling thats exactly what the letter is trying to do. They are asking me for address confirmation "for service of legal documents". I suppose all i can do is wait with baited breath and will keep posting updates as and when they occure. My deepest and sincere thanks.

rog2

GeorgeUK wrote: »

Rules for "foreign debts" changed recently, but i'm not sure if this is only for european countries and also if the debts are undisputed.
(I was posting on CAG and was corrected).
http://www.consumeractiongroup.co.uk/forum/general-debt-issues/183657-when-does-6-year.html#post1977607

Thanks for that link, George - I have just downloaded the legislation - very complicated - but, as you say, only applicable to cases where debts are undisputed. As with any current County Court 'claim' then the debtor has an opportunity to 'dispute' the claim.
If there is any dispute, then, as I understand it, the claim would need to be dealt with through the Civil Courts of the country of origin.
I need time to study the document, but would be interested to know if any such 'claim' has yet been successful.

Fortunately, it does not appear to be applicable in the OP's case.

rog2

mungry wrote: »

Thanks. The dca company is called CCI legal based in Porthmadog, Wales.

CCI Legal - www.ccilegal.co.uk/ - are part of the American Group Global Credit Solutions - www.gcs-group.com

A quick look at their website confirms that they try to collect International 'debts' on a no win, no fee basis.

In regard to collecting debts in the uk - www.gcs-group.com/Debt-Collection/Debt-Collection-United_Kingdom_UK.asp they ask the 'creditor' to give them permission to 'proceed with negociated settlement on the Company's Letterhead. No mention of 'Legal Procedings'.

I think that CCI Legal are trying to 'intimidate' you.

mungry

Wow what a fast response. All i can say is its very much appreciated.

Primmer

It can be possible to issue proceedings in England if the debt is due to an American company - general rule is that proceedings can be issued in the country where the debtor lives.
Worth just ignoring them and see what happens - but if they do issue proceedings then you will need to respond.