N/A

Namechanger

..........

sourcrates

It really depends on what type of debt it is, and how much you owe.

The short answer is yes, as Gibraltar is a British dependency, there should be a reciprocal agreement in place to make debt collection between countries easier.

They can send you debt collection letters, but any enforcement action is tricky, and can be costly, and unless we are talking a lot of money, they usually don`t bother.

sourcrates

Well what type of debt are we talking about here, normal consumer credit debt?

You won`t be chased for a credit card debt of 5k, but a loan of 50k, possibly.

stu12345_2

when I hear Gibraltar, the first thing I think of is online gambling sites, am I wrong

Desmond_Hume

Who’ve thought…

sourcrates

Oh well, it depends how far they are prepared to take matters then.

If the bookmaker has UK offices, they can take action in the UK courts, do they have your address?.

An indication of impending legal action will be an LBA (letter before action) an opportunity to settle without going to court that gives you a 30 day response window, if this is ignored, then its usually followed by a claim form.

As for enforcement action, if you work, they can apply to garnish your wages, you can be summoned before a judge to explain yourself, or they can send bailiffs to your home address, or if you own property, a charge can be placed on the deeds.

Enforcement action is more difficult if they are entirely based abroad, which is why its usually limited to collection letters.

sourcrates

As a general rule, and I`m talking specifically about consumer credit debts here, most are not chased from abroad.

Emails/texts/calls have no legal bearing whatsoever, only letters.

There is no way of predicting there reaction to this.

stu12345_2

can you just pay them back and then go back to being overdrawn again. have you spent the money 

fatbelly

There's no problem in hanging on to this for a bit. Nothing will happen quickly. Keep us updated

BadDebtor

I heard of a similar case where a company pays you money by error on the legal hour, apparently they are entitled to have their money back.

The issue if it is an individual is GDPR makes the banks stall.

If OP has a contract with the company they will be subject to their terms and conditions, but they won't apply if they are contrary to common law.

I agree, it is worth hanging on until they send a proper letter before action which would need to give 14 days notice not 4.

It would be a small claim so you would not be liable to their legal costs, just fixed costs.

I think it is perfectly reasonable for someone to empty their account when they found the balance was in their favour, it would be for the company to prove it had not been won, a tad difficult to prove a negative.

BethRobinson

I think it is perfectly reasonable for someone to empty their account when they found the balance was in their favour, it would be for the company to prove it had not been won, a tad difficult to prove a negative. Are you sure?