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small overdraft from spanish bank

  • 30-12-2020 2:55pm
    #1
    BluePlanet
    Registered Users Posts: 2,418 ✭✭✭


    Apparently I have a small overdraft on a Spanish bank account and am wondering can they actually do anything to collect it from me here in Ireland?

    While living in Spain for a few months the ESB was being paid via direct debit.
    Upon moving back to Ireland I informed the landlord and he was supposed to change the direct debit back to his own account, but he evidently did not and probably has not done that.

    While moving out of Spain i also informed the Spanish bank and asked they close out the account, which they didn't do.
    Took a few months for them do that and a bit of back and forth, sending scan of passport and stuff like that.

    Now that bank are looking for an overdraft charge, it's small like e70 but i have no intention of paying.

    Can they actually do anything legally?


Comments

  • #2
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,362 Mod ✭✭✭✭Jim2007


    In theory they could of course come after you, but given the amount it would not make economic sense to do so, even a if it was bought as a job lot by a debt collector.

    But it does not end there, under EU law Spanish financial institutions are obliged to report the debt to the Spanish central credit registry and all EU financial institutions can request a report. So it might become an issue again at some time.

    My advice would be to pay it while it is still a small amount and easily fixed.


  • #3
    daheff
    Registered Users, Registered Users 2 Posts: 5,871 ✭✭✭daheff


    Have you evidence of requesting the account closure? That would support that there should be nothing overdrawn on the account as it was requested to be closed as at X date.



    Also I would look at documentation from setting up the account. That may have information on availability (or not) of an overdraft...see where the bank sit legally on that issue


    Also how long ago are the DDs, you might be able to reject them under SEPA legislation if they are within last 8 weeks.

    Similarly on the DD- anything in writing on that change? There *might* be an argument that it's now unauthorized...giving you 13 months to repudiate it.



    All said easiest solution is to pay 70 quid and not have to worry about it coming back to bite you. You can always complain about it afterwards to bank & regulator.


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