may have two CCJ's put on my file in the future as I am leaving the UK AND |Europe to live abroad and both my landlord and my bank will ask me for money. Landlord has already filed a claim but how do I let the court know I live abroad now? Simply send them a letter (as then- I'm told' the case can't go ahead until I return to the UK)? So there would never be a CCJ as I could not attend the hearing anyway. Would the court throw the case out as it is unenforcable?

What about banks that will soon start looking for me. I have not left them a forwarding address. Shall I send them a letter with my new NON european address, so that they undersatnd they cannot easily get a CCJ on me? Or will they then declare me bankrupt. But that costs them money and then they will never be able to claim any money from me (at least after a year) so they are not likely to do that...?!

How would my creditors and the DCA's proceed? Would they try and find me abroad IF I do not let them know where I am? Would they look for accounts I may have in Europe (which I do)- could they seize my money in a European account (not in the UK but in Western Europe) BEFORE aCCJ is even issued (I guess not). If they can get a CCJ issued against me could they then seize accounts in Europe?

PS: If the court is aware I am abroad outside Europe would they throw the case out?

Thanks!!!

Hi

I have read all sorts of entries and threats on this issue and am pretty well informed but there is one question which has not been answered:

The situation: Mr X owes UK bank 10k, so far payments have been made on time but now Mr X informs Bank that he is moving to a Non European country, thus the debtor can prove the bank has been informed so that they couldn't try and pretend they do not know that and still go ahead trying to a CCJ served at the last known address- which even if they did would be an uncontested one.

Mr X stops payments. UK bank can NOT get a CCJ issued as debtor not a UK resident anymore, thus they couldn't even get an EEO (if the debtor lived in Europe). Debtor now lives in Azerbaidjan. In a nutshell, assuming everything I have just said is indeed correct, a pursuit would be very difficult if not impossible.

Now my question: Although Mr X now lives abroad there is a savings account in his name in a European country. It's with another bank, of course.

Can they find out about it and somehow try and get their hands on that money? They would have to go through the courts, surely? But how, if the debtor lives abroad? Would that money be safe?

Please help.

Thanks

Hi

 

I have read all sorts of entries and threats on this issue and am pretty well informed but there is one question which has not been answered:

 

The situation: Mr X owes UK bank 10k, so far payments have been made on time but now Mr X informs Bank that he is moving to a Non European country, thus the debtor can prove the bank has been informed so that they couldn't try and pretend they do not know that and still go ahead trying to a CCJ served at the last known address- which even if they did would be an uncontested one.

Mr X stops payments. UK bank can NOT get a CCJ issued as debtor not a UK resident anymore, thus they couldn't even get an EEO (if the debtor lived in Europe). Debtor now lives in Azerbaidjan. In a nutshell, assuming everything I have just said is indeed correct, a pursuit would be very difficult if not impossible.

 

Now my question: Although Mr X now lives abroad there is a savings account in his name in a European country. It's with another bank, of course.

Can they find out about it and somehow try and get their hands on that money? They would have to go through the courts, surely? But how, if the debtor lives abroad? Would that money be safe?

 

Please help.

 

Thanks

Note: Azerbaijan is NOT in Europe - its the largest and most populous country in the South Caucasus, located partially in Eastern Europe and partially in Western Asia.

I found this picture of Azerbaijan on Wikipedia and it looks grim, I would personally pay up or take the CCJ........... it looks like they are shovelling mud but I might be wrong.

Are you a film director, making cartoons? Sounds too far fetched but the money would be safe as houses. Having said that, bricks & mortar are not safe at the mo and the yanks can get men on the moon so who knows.

Are you sure that is a picture of Azerbaijan?

It looks like a load of Crap One employees trying to find their old CCAs.

SH

I appreciate your humour guys, but any serious answers please?

PS: I know Azerbaidjan is not in Europe- that's what I wrote in my original email. That's the whole point- the debtor moves to a NON European country, so can UK banks get their hands on savings in a savings account in another European country like France or Germany, that's the question. Please read my original post above again. I wouls appreciate a serious answer please.

Contrary to what DCA’s tell you and they do indeed come out with the most laughable rubbish, they have little to no powers and even less in England. Arresting a different account with or without a court order is something that is simply not possible.

As for recovery in a non-European/ European country, they haven’t got a pray, not a pray.

For many reasons such as foreign jurisdiction, cost, more cost, more foreign jurisdiction, throw in a bit unenforceable.

I challenge anyone on here to disclaim my comments with actual evidence.

Some DCA’s do have international offices that can trace and send scary letters but when faced with unenforceable recover watch them scuttle away

Mr X owes Lloyds TSB money and disappears.

Mr X has a savings account with Deutsche Bank in another European country.

Are Lloyds TSB and Deutsche Bank affiliated? I hear they might merge...?

Would that mean Lloyds can simply take the money out of the savings account as they would then be affiliated/ merged/ one company?

They would probably still have to go through a legal procedure, right?

If Mr X lives outside of Europe though, any CCJ would be unenforcable, is that correct?

Mr X owes Lloyds TSB money and disappears.

 

Mr X has a savings account with Deutsche Bank in another European country.

 

Are Lloyds TSB and Deutsche Bank affiliated? I hear they might merge...? This was on the cards, but with the Input from the Governemtn, it may not be allowed, if only because TSB directors would be allowed huge bonuses

 

Would that mean Lloyds can simply take the money out of the savings account as they would then be affiliated/ merged/ one company? No

 

They would probably still have to go through a legal procedure, right?

If Mr X lives outside of Europe though, any CCJ would be unenforcable, is that correct?

There are agreements with several countries with regards to the collection of debts, but generally, if a CCJ did not exist before Mr X left the country to live in a non EU state, then they couldn't enforce any subsequent CCJ in many foreign countries

I would suggest that from my own experience of Deutsche Bank Mr X would be better off opening a new account at the local Stadtsparkasse or equivalent.

they seem to be a law unto themselves but you will never go far wrong not trusting any of them

If a debtor owes a UK bank money and moves abroad (to a NON European country) I understand that a CCJ can actually be issued although the debtor has moved abroad. Some people on this forum believe CCJ's cannot be issued if the debtor has disappeared but that is not true. A CCJ will be issued but the ENFORCEMENT of it is difficult or even impossible.

In order for the CCJ to unenforcable it needs to be clear that the debtor has moved abroad in the first place. So is it advisable for the debtor to tell the bank the new address at all? This would only be done to later be able to prove that a forwarding address has been given to the bank as banks soemtimes take action against debtors simply by ignoring that they have moved abroad and have the CCJ issued at the 'last known address' in the UK.

The CCJ would in both cases, however, be uncontested, wouldn't it?

Does uncontested mean 'the defendant has moved without forwarding address' thus a CCJ can be set aside as the defendant never had a chance to reply

OR

does uncontested mean 'the defendant was made aware' as maybe the new address was supplied (by the defendant) BUT he/ she never bothered replying.

There is obviously a major difference between the two.

SO...the question is, is it wise to let the bank know the new address abroad (not neccesarily a real one) so that it is quite obvious from the start that any CCJ action is pointless as a CCJ would not be enforcable or simply move w/o giving a new address?

Thanks

If a debtor owes a UK bank money and moves abroad (to a NON European country) I understand that a CCJ can actually be issued although the debtor has moved abroad. Some people on this forum believe CCJ's cannot be issued if the debtor has disappeared but that is not true. A CCJ will be issued but the ENFORCEMENT of it is difficult or even impossible.

In order for the CCJ to unenforcable it needs to be clear that the debtor has moved abroad in the first place. So is it advisable for the debtor to tell the bank the new address at all? This would only be done to later be able to prove that a forwarding address has been given to the bank as banks soemtimes take action against debtors simply by ignoring that they have moved abroad and have the CCJ issued at the 'last known address' in the UK.

The CCJ would in both cases, however, be uncontested, wouldn't it?

Does uncontested mean 'the defendant has moved without forwarding address' thus a CCJ can be set aside as the defendant never had a chance to reply

OR

does uncontested mean 'the defendant was made aware' as maybe the new address was supplied (by the defendant) BUT he/ she never bothered replying.

There is obviously a major difference between the two.

SO...the question is, is it wise to let the bank know the new address abroad (not neccesarily a real one) so that it is quite obvious from the start that any CCJ action is pointless as a CCJ would not be enforcable or simply move w/o giving a new address?

Thanks

How many threads is this on? I often look at all new threads to see if I can help in any way, but this seems to be the 4th or 5th time I've seen this question, or variation of, today.

PLEASE - stick to one thread per topic, otherwise it makes it difficult for people on here to follow what has been said and you may even find that nobody replies at all.

I am not sure how to ask a mod to merge them all, hope someone can.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/169279-tricky-question-again.html

duplicate, please stick to one thread, multi posting may well get you a different answer

5 threads merged....

Thanks so much for all the help so far. But the question remains, should Mr X tell the bank he is moving AND give the new address or would that work against him? Please see #13 Uncontested CCJ- tricky situation

above for the exact details- this really is quite vital.

You sound a bit like James Bond

Any answers to my last question please???

You are asking a question that is difficult for anybody to answer....should I scarper and evade the debt and risk them trying a fast one to get a CCJ on me in the UK ? or should I let them know where I am allowing them to hassle me constantly and let them chase me overseas ? I can't think of any other cases similar that I have seen.....If you are in Azerbaijan it is highly unlikely they will be able to issue anything, and if you are opening up another bank account with a different bank there is little they can do !!

If you moved out of Europe, and got a CCJ whilst you were out of the country then providing you have proof of your move then you would get a CCJ set aside.....

Wow, this thread is the closest I've found to my own situation.

The background - SLC deferred my repayments for another year as I was a student again, then lied about it, denying that they had received proof and accepted it.They really are a piece of work - I sent them a bank statement from my chinese bank once as proof and they were in disbelief it was in Chinese. Not too mention the 1 hr+ call waiting times. I believe it is a deliberately corrupt business practice.

Fast forward a year and my Dad starts getting letters from BCW. The usual threats. Their '24 hr 7' day premium rate hotline is never answered- probably a good thing retrospectively.

I read up on these forums and i have some bank accounts and building society money still left in UK. I'm very glad to read on this thread they cannot seize this money. Are you all certain that is the case?

No matter what.

Anyhow I guess my last deferral was 2007ish, so not 6 tears yet and my debts were 2007-2009, so from what I've read, there are different rules post 98?? that splits mine in half.

Well thanks to you guys I read lots of threads and am hoping to get them all statute barred, even if it takes 15 years. As a precaution against them seizing my assets, I sent a letter simply stating, there most have been some error with the SLC and I do not acknowledge any debt with them. I told them to correspond with me in writing at my true (at the time) current address in Cambodia. Never contacted them since, nor do I intend to.

I had read on these forums that to secure a CCJ and seize my assets they would need to prosecute (wrong word?) me with the co-operation of the country of my residence, is that so? I really cant see that happening in Cambo, but I think USA and EU and perhaps a few other Western countries may do so, at in theory. Thats all from a thread I read about 3-4 years ago.

Is my money and any future inheritence safe do you think or is there more I should do?

I have a QC, judge and solicitors in my family, letters by them previously scare off anyone.

Thanks again

I read up on these forums and i have some bank accounts and building society money still left in UK. I'm very glad to read on this thread they cannot seize this money. Are you all certain that is the case?

To be able to do that they would need to have obtained a CCJ and then applied for a Garnishee order + they would need to know your bank details.

Anyhow I guess my last deferral was 2007ish, so not 6 tears yet and my debts were 2007-2009, so from what I've read, there are different rules post 98?? that splits mine in half.

I had read on these forums that to secure a CCJ and seize my assets they would need to prosecute (wrong word?) me with the co-operation of the country of my residence, is that so?

Thankyou very much. I thought I was ok, but that's very reassuring. Just out of curiousity, what if they were '98 or after?

Embarrassingly, I qualified as an IFA years back, but we learn very little about debtors as obviously there's no money in it. I'll probably declare myself non-domiciled soon also.

Thanks again for your selfless help, I will try in turn to contribute where I can.

Now, i gotta figure out how to change my username - deemed unsuitable!

what if they were '98 or after?

Now, i gotta figure out how to change my username - deemed unsuitable!

Pick another name, hit the black triangle at the bottom of one of your posts & a report box will open. just put your new new details in there and Admin will change it.