Debt collection agency trying to recover very old debt for a bank outside UK

FZ75

I have been contacted out of the blue by a UK based debt collection company about an old balance I held on a bank account which I held in mainland Europe over 10 years ago.  After more than 10 years since my account was closed, the debt collection company has sent me a number of vague bills all in GBP, which I do not recognise at all, addressed to a wrong address.  There is no explanation - just balances owing!

At the time I was keen to sort out the debt as I was worried about interest charges etc. if it was left over long period.  I did discuss it with them (by phone) but the bank did not follow up my attempt to set up structured payment agreement at that time - left my messages unanswered and just closed the account.

I am not sure what the situation is with a foreign bank chasing a debt in UK.  Does the bank or the debt collection agency have the power to enforce the debt in UK after leaving it inactive for so long?

I have just reached retirement age and do not have a very small private pension (if any).  I have very little means (no assets) for paying off any such debt (even if they can prove it being genuine and valid) compared to the time when I was actively employed and could afford making payment by instalments to clear the balance over a period of time which they did not respond to.  

DullGreyGuy

You would need to see what the law of limitations are in the country of the bank, all EU countries have time limits but they vary significantly

km1500

which country is it?

FZ75

It is Germany

dr_adidas01

FZ75 said:

It is Germany

Then its statute barred as Germany has a 3 year limit on the enforcement of debts. 

The standard limitation period is three years(Section 195 of the [German] Civil Code (BGB)). Unless another date for the beginning of a limitation period is prescribed, the standard limitation period begins to run at the close of the year in which the claim arose and in which the creditor obtained or, in the absence of gross negligence, had to have obtained knowledge of the facts supporting the claim and knowledge of the identity of the debtor.

This limitation period applies to all claims that came into existence after January 1, 2002 unless a special limitation period applies to the claim. 

FZ75

@ dr_adidas01
Thank you very much for the very useful information.

FZ75

dr_adidas01 said:

FZ75 said:

It is Germany

Then its statute barred as Germany has a 3 year limit on the enforcement of debts. 

The standard limitation period is three years(Section 195 of the [German] Civil Code (BGB)). Unless another date for the beginning of a limitation period is prescribed, the standard limitation period begins to run at the close of the year in which the claim arose and in which the creditor obtained or, in the absence of gross negligence, had to have obtained knowledge of the facts supporting the claim and knowledge of the identity of the debtor.

This limitation period applies to all claims that came into existence after January 1, 2002 unless a special limitation period applies to the claim. 

Apologies for coming back with more questions - Knowing the above facts is of great help to me of course. 
However I am wondering what is the best course of action for me to take - should I ask a lawyer to deal with them on my behalf.  They are threatening to recommend to their client to take legal action if I don't respond to their letters this week. Should I wait to hear from their legal department or should I find a lawyer to write to them about the legal status and the Law of Limitation applicable in this case.  Are there specific lawyers who know about international debt issues? 

dr_adidas01

FZ75 said:

dr_adidas01 said:

FZ75 said:

It is Germany

Then its statute barred as Germany has a 3 year limit on the enforcement of debts. 

The standard limitation period is three years(Section 195 of the [German] Civil Code (BGB)). Unless another date for the beginning of a limitation period is prescribed, the standard limitation period begins to run at the close of the year in which the claim arose and in which the creditor obtained or, in the absence of gross negligence, had to have obtained knowledge of the facts supporting the claim and knowledge of the identity of the debtor.

This limitation period applies to all claims that came into existence after January 1, 2002 unless a special limitation period applies to the claim. 

Apologies for coming back with more questions - Knowing the above facts is of great help to me of course. 
However I am wondering what is the best course of action for me to take - should I ask a lawyer to deal with them on my behalf.  They are threatening to recommend to their client to take legal action if I don't respond to their letters this week. Should I wait to hear from their legal department or should I find a lawyer to write to them about the legal status and the Law of Limitation applicable in this case.  Are there specific lawyers who know about international debt issues? 

You should write to the company that is trying to enforce the debt and  state  that the debt is statute barred under German law and also as it’s been over 10 years the same applies here. 

FZ75

@ dr_adidas01 
Thank you - grateful for your advice.