Irish credit card

chattychappy

never-in-doubt wrote: »

I shouldn't have to specify when we all know northern ireland is GBP & southern is EUR...... however you've made your point - Now we all know i'm explicitly referring to NORTHERN IRELAND

If you want to recover from a dodgy post, I wouldn't be doing it from here...

chattychappy

OK serious answer:

I'm guessing she's still governed by the original Irish based T+Cs and the agreement would be enforceable in Ireland. If she "walked away", it is quite possible that the debt would be enforced against her in the UK - especially if they know she has an interest in property here. Judgment could be obtained in Ireland first, and enforcement carried out in the UK. (Using European Enforcement/Payment Orders.) I have no idea how often this mechanism is used for chasing consumer debt. Or they might be able to get judgment here if the T+Cs don't exclude the use of foreign courts. (Lack of compliance with the UK Consumer Credit Act wouldn't necessarily bar such a course of action.)

It is also possible that she has breached T+Cs by continuing to maintain the card despite no longer being resident in Ireland. I doubt that's a major issue though - and in her defence she has updated them with her UK address.

never-in-doubt

chattychappy wrote: »

A debt collector knocks on the door and asks:

Q "Why haven't you made any payments on your super-stooze credit card?"

A "Don't ask me! I read on MSE that with what I would save, it would pay for itself in 6 months"

Quite witty for this time of night! lol :rotfl::rotfl::rotfl:

never-in-doubt

chattychappy wrote: »

OK serious answer:

I'm guessing she's still governed by the original Irish based T+Cs and the agreement would be enforceable in Ireland. If she "walked away", it is quite possible that the debt would be enforced against her in the UK - especially if they know she has an interest in property here. Judgment could be obtained in Ireland first, and enforcement carried out in the UK. (Using European Enforcement/Payment Orders.) I have no idea how often this mechanism is used for chasing consumer debt. Or they might be able to get judgment here if the T+Cs don't exclude the use of foreign courts. (Lack of compliance with the UK Consumer Credit Act wouldn't necessarily bar such a course of action.)

It is also possible that she has breached T+Cs by continuing to maintain the card despite no longer being resident in Ireland. I doubt that's a major issue though - and in her defence she has updated them with her UK address.

Good advice mate but thats why I posted the links on previous page cos it appears that the debt remains within the governing body, i.e. southern ireland that's why I suggested walking away as being an option - thats not to say that they cannot sell the account to their UK tracing division and enforce the debt..... its quite confusing tbh so yea, paying it back may be the best bet here!

chattychappy

never-in-doubt wrote: »

Good advice mate but thats why I posted the links on previous page cos it appears that the debt remains within the governing body, i.e. southern ireland that's why I suggested walking away as being an option - thats not to say that they cannot sell the account to their UK tracing division and enforce the debt..... its quite confusing tbh so yea, paying it back may be the best bet here!

Yep it does remain in Ireland. But I believe it's now possible to enforce a judgment handed down in one EU country in a second EU country without having to transfer the debt to that country or get a second judgment there. All part of the single market ethos.With European Enforcement Orders, the originating court (in this case Ireland) certifies them, and then they can be enforced here subject to registration. European Payment Orders are meant to be simpler. Civil Procedure Rule 74 governs them here. Perhaps someone who knows more will chip in - I'm not certain of this area.

never-in-doubt

chattychappy wrote: »

Yep it does remain in Ireland. But I believe it's now possible to enforce a judgment handed down in one EU country in a second EU country without having to transfer the debt to that country or get a second judgment there. All part of the single market ethos.With European Enforcement Orders, the originating court (in this case Ireland) certifies them, and then they can be enforced here subject to registration. European Payment Orders are meant to be simpler. Civil Procedure Rule 74 governs them here. Perhaps someone who knows more will chip in - I'm not certain of this area.

Hiya chatty.....

I see where you're coming from now. CPR 74.29 (ss.3.1) would still allow provision for unenforceability though. Whatever, for the amount owing it is unlikely they would even bother, I mean this action is usually made when you're talking a lot of bucks - not a few grand (£8k or whatever).....

Whatever CPR you look at, there is always a provision of defence and this is why CPR is sometimes better for us to use, against the creditor, as opposed to fighting CCA laws...

I don't think this matters too much now, we've scared the OP away with the technicalities used haha

CPR74 is found here: http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part74.htm#id4815543

chattychappy

never-in-doubt wrote: »

I see where you're coming from now. CPR 74.29 (ss.3.1) would still allow provision for unenforceability though.

My interpretation is yes, but in the narrow circumstances that the order has been obtained in the UK when it should have been obtained elsewhere. CPR 74.29 specifies that the usual court application procedure in CPR23 is to be followed if the defendant wishes to rely on the jurisdictional "defence" in Art 6(2).

For completeness, the EU reg is at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:399:0001:01:EN:HTML.

I don't anyone else is paying attention now...!!

never-in-doubt

chattychappy wrote: »

My interpretation is yes, but in the narrow circumstances that the order has been obtained in the UK when it should have been obtained elsewhere. CPR 74.29 specifies that the usual court application procedure in CPR23 is to be followed if the defendant wishes to rely on the jurisdictional "defence" in Art 6(2).

For completeness, the EU reg is at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:399:0001:01:EN:HTML.

I don't anyone else is paying attention now...!!

Cheers mate - all makes sense (well not all, but kinda) now..... :T :T

Steve__7

UNDERGROUND wrote: »

OP - Before this gets complex and wrapped up in legal jargon by the resident experts (!), has your girlfriend actually phoned BOI and told them that she is struggling?

They may be able to give her some options.

Regards
UNDERGROUND

Sorry for the delay in replying, just back from Monaco on a quick break...

Anyway, my GF phoned BoI and they agreed she could pay them back e100 per month, my GF was happy with this. Today she received a 'stern' letter saying that those terms would be unacceptable and unless she paid the min perm month of e230 then they may be forced to take action to recover the debt.

5hit!

Unfortunately I am not is a position to help out

Where is the best place to go to get 100% accurate advice?

I appreciate the help that has been given on here so far but what is clear is that there is no clear answer due to the CC being Irish.

regards

never-in-doubt

There was lots of options offered to you, try reading the thread again! i.e. hide (depends if she needs credit); repay (they will dictate the amount as you just found out); seek counselling (they will be able to lower any payment); default (will happen, inevitably)

Therefore what you need to be doing is seeking proper help from the Citizens Advice or CCCS or similar. Usually, the moment you enter into an agreement to pay then the credit record is trashed for 6yrs so for the same respect, hide and don't repay will have the same effect but you'll be financially better off.

Scenario for you:

The GF pays £200 per month for the next 3 years then defaults. The default would stay on for 6yrs from the missed payment so in theory she could have it for over 9yrs whereas if she just stopped paying altogether and hid, it'd be gone in 6yrs from date of last payment (statute barred).

I guess you need to think of the long term - this will determine what you really want to do. If you need specific advice on how to hide then PM me as others on here will not appreciate such detailed info....