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DMBM560190 | Debt and return pursuit: foreign cases: Mutual Assistance in the Recovery of Debt (MARD) (EU States): presence of officials from other member states

From HM Revenue & Customs · Debt Management and Banking Manual

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If both the applicant and requested member state agree to one or more of the following, an official of the applicant member state can:

  • be present in the administrative office of the requested member state

  • be present during administrative enquiries carried out in the requested member state and if the law of the requested member state allows, interview individuals and examine records

  • assist during court proceedings in the requested member state.

Any such official must at all times during the visit be able to produce written authority stating their identity and their official capacity.

There is no specific form to use to request such assistance.(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

The International Debt Unit, MARD team will keep statistical information on the number of requests sent and received and the number of requests that have been accepted or rejected.

Requests from other member states

Requests will be made to the International Debt Unit, MARD team. The request should state:

  • the full details of the official who wants to visit

  • the full name and address of the debtor concerned

  • the reason for the visit

  • the type of visit (for example, to be present in the administrative office, at administrative enquiries or at court proceedings)

  • the proposed date for visit.

Action on receipt

The request should initially be considered by the International Debt Unit, MARD team.

If the request involves another office, the International Debt Unit, MARD team will contact that other office to seek their approval for the visit before going back to the other member state.

Request accepted

If the request is accepted, the International Debt Unit, MARD team will send a(This content has been withheld because of exemptions in the Freedom of Information Act 2000) message to the other member state, giving them permission for the visit.

Request refused

If the request can’t be accepted, the International Debt Unit, MARD team will send a(This content has been withheld because of exemptions in the Freedom of Information Act 2000) message to the other member state, explaining why the request has been rejected.

Request accepted in part

If the request can only be accepted in part, the International Debt Unit, MARD team will send a(This content has been withheld because of exemptions in the Freedom of Information Act 2000) message to the other member state, explaining what they can and can’t agree to and why.

Requests to other member states

All requests must be made via the UK International Debt Unit, MARD team. The International Debt Unit, MARD team will need to know:

  • the full details of the official who wants to visit the other member state

  • the full name and address of the debtor concerned

  • the reason for the visit

  • the type of visit (for example, to be present in the administrative office, at administrative enquiries or at court proceedings)

  • the proposed date for visit.

The International Debt Unit, MARD team will send a(This content has been withheld because of exemptions in the Freedom of Information Act 2000) message to the other member state to seek their permission for the visit.

Request accepted

If the request is accepted, the other member state will send a(This content has been withheld because of exemptions in the Freedom of Information Act 2000) message to the International Debt Unit, MARD team, giving them permission for the visit.

If the request involves an official from outside the International Debt Unit, MARD team, the International Debt Unit, MARD team will update that official as appropriate.

Request refused

If the request can’t be accepted, the other member state will send a(This content has been withheld because of exemptions in the Freedom of Information Act 2000) message to the International Debt Unit, MARD team, explaining why the request has been rejected.

If the request involves an official from outside the International Debt Unit, MARD team, the International Debt Unit, MARD team will update that official as appropriate.