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billybob12

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  1. an update after all this time, it finally defaulted. I am just unsure whether I have an obligation to inform them of my new address or informing them that I am no longer resident is enough because it is obviously important to get those gone-away notices so my parents are not pursued and they try to use a backdoor to obtain a CCJ or head down the bankruptcy line. I can imagine that many people will say they are not-resident anymore. is it a matter of fact that if I inform a CRA and DCA that I am "gone away" that they have an obligation to accept it and at the very least put this on my credit files and for the DCA accept that notice was given at the time.
  2. Thank you again. Just to clarify one point you made: If there was a CCJ issued would that still be 6 years from that date? Technically could it be almost 12 years? Say 5 years 6 months no payment, get CCJ and then another 6 from there? Its probably unheard of and perhaps then bankrupt me another 12 months then 5 years leading to a further 6 in total on the credit file. Can only the original creditor obtain the CCJ or can a DCA also get one? I presume if multiple amounts were owed to various lenders it would be more worthwhile to pursue bankruptcy because they could join the petition. I have no idea how common this is, whether say MBNA join forced with say Virgin.
  3. Thank you for your replies. It is very much appreciated. Something that is on my mind is the issue of bankruptcy. I admit, I have no idea how this works but it would have huge consequences if they can get a CCJ and then issue this against me, because it would have global ramifications and bars me from future work in the UK in many fields. Can someone explain this and how it could be forced upon me? I've read on the other forum about legal issues pertaining to debt enforcement. I am wondering why dx100uk you think MBNA would not seek a CCJ because from my research it seems there is an excellent chance it would be successful, even on a HK residency because it would be a win by default as clearly I wouldn’t turn up or return the forms. Does the court procedure rules allow them l for them to use a “last known” address to serve such documents even though they are fully aware I do not live there? A legally minded friend told me I should just say nothing so its clear I have “gone away” and remove myself from the electoral roll/council tax list because it doesn’t matter where I am, the debt is unenforceable and they would search irregardless in the UK in case I come back during the 6 years. I think that would have some further ramifications that I would like to avoid. Do I actually have any legal obligations to tell them beyond that I have left the UK, to keep it up to date when I move home over the next 6 years, what kind of timescale? Would this lead to bankruptcy? And by ceasing to use all my accounts, and removing myself from the ER it is clear I am not at my parents home, I presume also its very easy for them to indicate they are a third party and it is unenforceable on their home and all correspondence must desist. If I failed to provide a forwarding address, would they use that of a third party (my parents) where I am no longer resident and not registered at that address. Surely a foreign address cannot be entered as such, because I understood UK credit files require a UK residency? So it will not say Billy Bob, Hong Kong if/when I came back to the UK? One unrelated matter is I have a phone contract in my name. This has another 8 months left to run. My parents offer to pay this but that would keep my file alive. Surely under this system of “freedom to contract" in E&W, the carrier would be happy to transfer it to my mothers name for the remaining months on a new credit agreement keeping the term the same? This way, my credit file would be inactive and at £30 a month, it seems little to default over. I have a card issued in my name on my mothers credit card account for emergencies (an additional card). Do I need to give this up? It would be useful to have. I can’t see how the data sharing could even be legal and there's surely no way the Court nor a bank could slap my debt on her card one day, and as I understand, there is no credit file or reference attached to this. I'm only in my early 20s so who knows what the future holds. It terms of statute barring, if I wish to obtain credit or open a bank account after this time has passed how is this viewed? I read it like someone who has no credit history at all, so if you like, “score” 0. I know that a CCJ would be entered into the Register of Judgments, Orders and Fines how long would it stay there and would this restrict me from future employment after the 6 years? Who knows if I would like to work in public service down the line, even as a Special Constable. Perhaps I would be barred from ever working in the financial sector.
  4. The facts are as follows: 1) I owe MBNA some £10k that has not been paid since November 2016 (so recent) and I imagine is about to default. Its a combination of balance transfers from cards that were used to fund my foreign studies. 2) Until now my parents have been transferring money to my bank account which I then forward to them as minimum payment. This is not sustainable for any of us and I am just barely paying the 28% interest. 3) I have lived abroad for a long time, but kept my UK accounts as they were useful but the situation has become critical. I did not inform any institution that I was abroad, and in any case, students are a special category in terms of continuing NHS care when studying abroad. I am currently in Eastern Europe but about to move to Hong Kong for work. 4) I have no assets of any kind, not even a TV in my parents bedroom, some old toys, about it. 5) I don't intend to return to the UK for a long time but I may live in the EU with my Italian girlfriend. I want to know what steps MBNA will take to recover this debt. The most important for me is that my parents are not harassed for my own decisions because I do not live at home or in the UK. I intend to deregister myself from the electoral roll/council tax list, I just have not had a chance to do so but I'll head home before departing to HK to take care of such procedural matters. I would be happy to close any other accounts and in any case they are not in use and will not be in use. I intend to inform them of my HK forwarding address, I believe that would be my legal obligation in any case, I presume this might also limit the visits that could potentially disturb my parents. Regardless of the moral implications of giving up on paying this debt and starting a new life, I am only interested in the legal ones, and especially to mitigate any stress that my parents could be subject to in terms of home visits from a bailiff if/were a CCJ issued. I am not even sure if they can get one and how it could be enforced in another country. According to my research, it would be statute barred from the last payment or the date of a CCJ. During those six (or more) years I want to ensure my parents are not subject to home visits, phone calls etc. Presently they are being called twice a day, but they won't speak to my parents, asking for me. To be clear, I won't be hiding in the backroom, or down the road or in another UK town. What steps should I take to ringfence any potential earnings in HK? There is a PhD on the cards which would probably take place in Italy, and again the question would be the feasibility of pursuing this debt etc (ignoring the post-Brexit scenario).
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