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-   -   How does a Swiss resident go about claiming a debt from a per on domiciled in the UK? (https://www.englishforum.ch/finance-banking-taxation/122082-how-does-swiss-resident-go-about-claiming-debt-per-domiciled-uk.html)

mrshunkydorey 12.08.2011 23:24

How does a Swiss resident go about claiming a debt from a per on domiciled in the UK?
 
I have been asked if I can assist a Swiss family in trying to claim a debt from a person/s domiciled in the UK. Can anyone point me in the right direction? My first thought was through the small claims court but as they do not live in England or Wales this is not an option.

As a brief history, the Swiss family own a holiday apartment in France that was rented out go a English family who failed to pay for the holiday. Does anyone have any suggestions apart from writing to them how they can go about recovering their money? Any advise would be appreciated. :D

mrshunkydorey 12.08.2011 23:46

Re: How does a Swiss resident go about claiming a debt from a per on domiciled in the
 
Sorry the title should read

How does a Swiss resident go about claiming a debt from a person domiciled in the UK?

Please could a moderator amend - thanks:msnblush:

12.08.2011 23:56

Re: How does a Swiss resident go about claiming a debt from a per on domiciled in the
 
http://en.wikipedia.org/wiki/Small_claims_court

Except through common misconception, England and Wales does not have a Small Claims Court as an establishment separate from the County Court.[5] Instead, low value cases, including most non-personal injury cases up to 5,000, will usually be assigned to the small claims track, producing a small claims action in the County Court. These cases are heard by District Judges under an informal procedure.[6]
The separate small claims procedure was first introduced for claims up to 75 in 1973.[7] This flowed from the statutory power of judges to order arbitration.[8] The limit was raised to 1,000 in 1991, 3,000 in 1996 and 5,000 in 1999. As of 2011 consultation is underway on raising the limit to 15,000.[7] It should be noted that the limit is only a guideline. The court may allocate a case to the small claim track where the claim is over the guideline if it is considered that the case is simple enough that it is an appropriate way of disposing of the matter.

I think you could simply write to the county court where the culprit is living and ask their advice. As the holiday was in France, the French court might be responsible.

Another track is to employ a debt collector. Or put rats through their letter box.

Upthehatters2008 13.08.2011 00:01

Re: How does a Swiss resident go about claiming a debt from a per on domiciled in the
 
Debt collection agencies are effectively powerless without a court order if you keep the doors and windows locked and refuse entry so they are unable to "touch" your possessions. With a court order you can engage a court bailiff who has greater powers. If the case is strong, engage a solicitor to start proceedings, costs to a fair degree can be recovered.


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