Being chased by Sabadell in the UK

Don't worry about him acer, he's a nugget

Hello ph68,

I'm unfamiliar with the term "nugget" So I googled this and apparently this may be "urban slang" with the following different options:  I think I'll "ask the audience" to decide which is the most appropriate.  Init.

Some answers to this post in bold blue below:

Have received a pretty threatening letter from a UK law firm acting for Sabadell, basically giving us 2 weeks to repay 85k euros shortfall on a mortgaged property that we handed the keys back to in 2008. Did you sign an agreement of dación en pago with the bank then?

We've basically heard nothing for 10 years. I need to see aht you did / signed then-- if any--- for being abke to tell you about possible time-barring.

Letter suggests putting charge on our UK property, reporting us to credit agencies and seeking a bankruptcy order. This is regulated by Law and they cannot proceed if debt was paid then. They are of course liable if they damage your credit report illegally.

The letter feels quite speculative - it has a lot of generic language that I assume has been sent out to lots of people. Very possibly, specially now as Brexit will make debt collecting more difficult.

I have been reading about EEOs which is quite concerning.

The Spanish Bank who would be looking to use the EEO for the seizure of UK assets need of course to follow the procedural rules in Spain first as if not, there will  be no debt to be certified by the said order.

If a Bank obtained an EEO without serving legal notice of repossession to the debtor and/or without giving to the debtor the legally required possiblities for contest and defence , you, the debtor, in the UK, who would see your UK goods " at risk" will have rights to contest the issuing and the enforcing of the EEO as null and void.

Has anybody else been through this and what was the outcome?

cheers

Very interesting that Maria, thanks for your time to post that.

Some interesting stuff about EEOs. I wonder if the banks HAVE gone through the correct channels? Doubtful if you ask me. Wouldn't it be sweet sweet justice if they weren't able to get their claims in a timely manner? Haha

How would you know if they'd followed the legal procedures in Spain first, Maria?

Some interesting responses, but perhaps the issue is the time delay limitation legslation and possibly the jurisdiction.  I'm unsure but I was told by a Spanish solicitor that they don't have any such limitations in Spain.  I'm not at all sure this is right.  But in the UK any civil claim has to be brought in a specific period of the incident arising - generally within 6 years, but 3 years for injury.

The other aspect that might feature is jurisdiction.  In general an incident has to be brought in a court of the country  where the claim arises.  If the defendant no longer has assets in that country a claim might be unenforceable.

In this situation bringing a claim in the UK may be futile as the UK court are likely to decide they don't have any jurisdiction.  But the above is based on a few assumptions and for sure a good UK solicitor is needed.

Acer, yes,  could well be time barred. Only the bank will know if they've attempted to contact the customer.

At the moment however, we are all part of the EU and will be for another 2 years at least. Once we're separate countries, then they might not have any jurisdiction. However, the brexit agreements are likely to jurisdiction...the banks will insist on it surely? And the police. They've got more control over us if the jurisdiction remains open.

We have recently been contacted by Sabadell Bank as they are willing to solve mortgage-related problems with foreign clients. So... if you need our help... here we are

M

Sabadell don't have a leg to stand on in the UK, tell them to take a run and a jump!