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José M.
José M., Attorney
Category: German Law
Satisfied Customers: 5982
Experience:  Spanish Attorney
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I took out a personal loan from Deutsche bank in Germany in

Customer Question

I took out a personal loan from Deutsche bank in Germany in 2007 when i was serving with the armed forces. I then moved back to the UK and stopped paying the loan in May 2010.
I have now been contacted by a UK DCA acting on Behalf of a German DCA called Lindorf who were assigned the debt by Deutsche bank.
I made the last payment more than 6 years ago and am i correct in believing that this debt is statutory barred under UK law. The part i need advice on is where i stand under German law.
Submitted: 12 months ago.
Category: German Law
Expert:  José M. replied 12 months ago.

Hi there, according international law never they could use Uk law against you for a contract signed in Germany

Even they have to get that the debt will be recogniced in Germany first by court...

So, answering your main question, UK law could not be used at first step, thay have to get the debt recogniced in UK first

Thank you

Customer: replied 12 months ago.
Jose, can you calirfy what the period of limitations is for a bank loan in Germany, also can you simplify your first answer.Am i correct in believing they could bring a UK CCJ against me
Expert:  José M. replied 12 months ago.

really I have no idea how long it takes in Germany, in Spain is 15 years

In all cases, to bring the case in UK, is legally very hard.

The procedure starts making the debt real according UK law ( It could be done by international agrement or after a court procedure)

Once the debt becomes real in UK (if they get it) they could use the UK law against you

My experience says that for few money they never makes international procedures againts privete people. Expenses are very high and the risk is big

So, if you owe them less that 100.000 euros, my advice is that you do not take care for them now. If they really goes into court take care, but I think they just are making you afraid of them. Do not be scared, fear is their better weapon

Expert:  José M. replied 12 months ago.

Please to rate positively the service. Thank you

Customer: replied 12 months ago.
Is that 100 euros or a hundred thousand euros
Expert:  José M. replied 12 months ago.

100.000 euros 100k

Expert:  José M. replied 12 months ago.

Under this money I think they s¡do nothing against you far away that writting and calling you...

Expert:  José M. replied 12 months ago.

Write and call is cheap, going into court is a lot of money to aseume riskes

Customer: replied 12 months ago.
but they are using a a UK company, so im confused as by what law they are chasing the debt under
Expert:  José M. replied 12 months ago.

They are using a UK company to scare you Some people pays just with that, most of them dont when they know their real chances

Thank you

Customer: replied 12 months ago.
ok so how would i reply to the UK company and would asking for further proof of payments on this debt be advisable
Expert:  José M. replied 12 months ago.

I think that the best way for you is to write the bank in Germany ordering them to erease your personal data and denying them the right to give them to thirt parts ( Uk company) This is the first step. European law gives you the right to limitate the right of companies to have your personal data

Once you do it, let the UK company that they do not have right to use your personal data and give them instrutions to erease them

They are force by law to do it, They do not have right to get them against your will

If they go ahead and try to sue you at court, the first step will be to explain wahy they have your personal data when you have denied them this right .. The fine for that is 60.000 euros

So, forget them and use all the ways you ahve to majke them the procedure as hard as possible

thank you

Expert:  José M. replied 12 months ago.

I gently ask for a good rate of the service

thank you

Customer: replied 12 months ago.
is their a template for this data restriction request
Expert:  José M. replied 12 months ago.

http://ec.europa.eu/justice/data-protection/

Expert:  José M. replied 12 months ago.

http://ec.europa.eu/justice/data-protection/individuals/index_en.htm

Expert:  José M. replied 12 months ago.

Each country has his owns tamplates and places to denunce the facts

Customer: replied 12 months ago.
who do i send that to the bank who the german DCA who the debt has been assigned to
Expert:  José M. replied 12 months ago.

In UK

https://ico.org.uk/for-organisations/report-a-breach/

Expert:  José M. replied 12 months ago.

In germany

http://www.gesetze-im-internet.de/englisch_bdsg/

Expert:  José M. replied 12 months ago.

Have a good day

Please to rate positively my service

Customer: replied 12 months ago.
i will do
Expert:  José M. replied 12 months ago.

Thank you

have a good day

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