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Cyprus Eastern Forum Index » Legal Questions & Issues » Ccj's, writs, for mortgage arrears in cy anyone got one??
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Ccj's, writs, for mortgage arrears in cy anyone got one?? 
Post: #1   PostPosted: Tue May 23, 2017 6:47 am Reply with quote
Nutrition info
Joined: 22 May 2017
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Hi I am very behind on my mortgage payments after going through a messy divorce.

Checking on my paperwork I am now according to the bank a non cooperative customer?

Now I am in a better position to begin tackling the loan I will approach the bank.

My question is has anyone received a ccj, or writ in the UK for non payment of a Cyprus mortgage?

I can't find any mention of anyine actually receiving any of the above in the UK?

What I can see is there are a lot of legal companies out there who says this happens.

So has anyone actually got anything through?
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Post: #2   PostPosted: Tue May 23, 2017 8:40 am Reply with quote
bubblechris
Joined: 27 Mar 2009
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Location: Waltham Abbey, Essex E9

 
They could literally take years to cobtact you. Approach them tell them what you can afford to pay and wait for their offer.

Whatever you do if you do want to keep the property then make regular payments including an amount to clear the arrears and you should be ok.
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Post: #3   PostPosted: Tue May 23, 2017 9:36 am Reply with quote
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Thanks BubbleChris

Unfortunately I did the wrong thing and buried my head in the sand.

This has resulted in me being now classed as an unresponsive and uncooperative customer.

I'm absolutely scared ccj etc will appear in the UK.

Has anyone actually received a writ or ccj from a Cyprus bank in the UK? ?
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Post: #4   PostPosted: Tue May 23, 2017 11:06 am Reply with quote
bubblechris
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Location: Waltham Abbey, Essex E9

 
Understandable but can you afford to restart payments? and do you want to avoid losing the property?

If the answer to both is yes find a solicitor and tell him you want to start making repayments and if you can reduce the arrears.

They, the Banks, iirc are obliged to consider any offer you make and have been encouraged, not always successfully, to review the loan and see if they can help you.

It is in noone's interests to evict you and they have been told that noone should be evicted if they are trying reasonably to repay their obligations.

If you want the property show them you mean it. If you don't they may well move proceedings to the UK once they have taken action through the Cyprus Courts. I'm not certain but I believe they have to get the courts in Cyprus to back their claims before they can take action against you in the UK.

If I'm wrong hopefully Nigel will correct me but you must take legal advice in Cyprus before you do anything else.
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Post: #5   PostPosted: Tue May 23, 2017 12:02 pm Reply with quote
nhowarth
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Location: Erimi, Limassol

 
Hi Nutrition info

What normally happens is the bank will issue a writ or a termination order - I don't know if your situation has reached this stage. But if it has I published an article on what to do - Do not ignore Cypriot bank writs for loan non-payment.

The issue is that should you fail to defend the writ in Cyprus, the court will rule in the bank's favour and award it an 'uncontested judgement'.

The bank will then take the property and apply for a 'European Enforcement Order' that will allow it to have the judgement handed down by the court in Cyprus enforced in the UK - AND YOU WILL NOT BE ABLE TO DEFEND.

They are likely to pursue you for the difference between the value of the property and the debt.

Some people have had this happen and I've heard of two ways the judgement is enforced:

1. The debtor has to make regular payments until the debt is cleared.

2. A charge is placed on the debtor's property in the UK (which has to be paid when the property is sold.

What happens before the bank starts court proceedings is that it will instruct bailiffs to try and get you to pay the debt. (But these bailiffs have no powers to force you to pay, but they can cause you a lot of hassle.)

Best to speak with the bank and get things back on track.

Regards,

_________________
Nigel Howarth
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Post: #6   PostPosted: Tue May 23, 2017 1:07 pm Reply with quote
Nutrition info
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Thank you all so much for the replies.

Yes i am in a position now to make payments.

I cannot get hold of anyone to speak to??

My mortgage was with Laiki bank.

I'm assuming it has been passed to bank of Cyprus?

If so does anyk5ne have a number for BOC for their mortgage department, more.likely yhe department who deals with uncooperative customers as I have now been classed as?

Thanks for looking at this in this hugely stressful time
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Post: #7   PostPosted: Tue May 23, 2017 2:14 pm Reply with quote
nhowarth
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Location: Erimi, Limassol

 
Nutrition info wrote:
My mortgage was with Laiki bank. I'm assuming it has been passed to bank of Cyprus?


Yes - the BoC will be dealing with your loan.

I suggest you phone them on 800 00 800 - they should be abl eto put you through to the correct department.

Regards,

_________________
Nigel Howarth
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Post: #8   PostPosted: Tue May 23, 2017 3:04 pm Reply with quote
Nutrition info
Joined: 22 May 2017
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Thank you for the number.

Still wondering if anyone has actually been served a CCJ or writ in the UK? ?


I have since spoken to 2 people who have not paid for 5 years!!

They haven't had anything through yet (or so they say).


As BubbleChris said I guess it could take years for this to happen.

I would much prefer to be on the front foot so I don't scupper things for the future.
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Ccj's, writs, for mortgage arrears in cy anyone got one?? 
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