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  1. Hello, Long story short: I was employee of a company which buys stock in euros. Due to the referendum and the GBP drop, our margin has sank and after a short recovery the company went bust and we have all been made redundant. Because I’m a Spanish national living in the UK (7 years now), I could well stay here with the so called “settled status” but my landlord has already told that he won’t renew my tenancy in February because he assumes that all EU nationals will be illegal and he doesn’t want trouble with the government. To be honest I’m quite fed up with all this uncertainty, we simply don’t trust the government and we (as young couple with kids) have decided to leave the UK because we consider the situation is not going to get any better both socially and economically. 3 years ago I (despite having joint accounts, the debt is in my name only) have taken an unsecured loan and there is still £28K outstanding. The bank has approved it because our combined salary was quite high and we were both on permanent jobs and back in 2015 we were not even thinking in leaving the UK but the referendum has changed everything. My company was supposed to fund my leased car as part of the job conditions but it has never happened, so I’ve supported those costs as well. Now we have got about 1/3 of the loan on our account and we are going to use that money to set up a business in Spain with very low startup costs and a decent profit margin. But we still need the money to survive for the first few months and success is not guaranteed. So basically I will have to miss payments and it’s just a matter of time before I get a knock on my door in Spain as I will be registered as sole trader (probably easier to find). I have searched about enforcing debts throughout the EU but I get different results, and I’m a bit confused, basically I’ve got the following options: 1. I simply vanish to Spain without telling my bank; they will certainly send letters to my former UK address; they will apply for a CCJ so with this option I will be unable to use the statue barred option after 6 years. They will eventually find my address in Spain and send debt collection agents and eventually apply for a court order. If they find me I’m served. 2. I report change of address and let the bank know about my new address in Spain. But what they don’t know is that I will be staying temporarily with family, then getting my own place. So any letters will land on my family’s place. Now the bank cannot apply for a CCJ but they can well take me to court in Spain but that might turn into a costly and lengthy process for them (or not?). 3. As soon as land in Spain, I can send a letter to the bank explaining that due to unexpected circumstances I will not afford to pay anything for about 2 years, but hopefully I will be able to resume providing the business is successful. My concern is that they may not accept that and because I have now admitted that I’m in debt it is much easier for them to issue that sort of european payment order. 4. I declare myself bankrupt in the UK. I don’t have any assets in the UK but I will have low value assets (max £2000) in Spain which I need for my business. But I don’t know whether my assets are safe in Spain when declaring bankruptcy in the UK only. I don’t intend to return to the UK except for tourism purposes. Please note that I intend to pay the debt but not at an excessive interest rate. It will take some time for us to build up some savings and pay them. Also note that the bank in question has not got any branches in Spain. What do you consider to be the best option for me? Thanks in advance.
  2. My daughter has moved to Spain in March 2018. She has notified PIP of her new address, will this affect her entitlement at present as we are still in the EU until next March, as I understand it when the beginings of leaving the EU begins?
  3. Guest

    Moving to Spain!

    Hi, I am moving to Spain next year but I have around £18k worth of old loans/credit cards which the creditors keep pursuing with letters and phone calls, these debts are around 15 years old and have been pasted from one tinpot company to another. My question is when I go and not bother telling these companies will they chase me? I also plan on taking out some store cards now for various things I will need when I move and making the monthly payments and then just stop when I go.
  4. Hi, just returned from Calpe in Spain and we were burgled in our Holiday Villa which was booked through a UK company. On our last but one day we locked all doors, windows and shutters and went out for 45 minutes, returned and all was OK outside, unlocked and went in and after about an hour noticed an iPad, watch, some jewellery was missing, our mobile phones were out on the sofa still there and nothing else was missing, all inside locks were still locked. Phoned the rep, whist waiting spoke to the one neighbour who said same thing happened last summer to a dutch family who had 600 Euro and an expensive pair of trainers taken but their GoPro was not taken, they reported to the rep and police came etc, we did not have insurance and wondered where we stand in that SOMEONE USED A KEY to get in, we had one and the Owner, Cleaners, Maintenance Etc have access to one, also previous guests, people with a grievance may have copied a key ? This Villa company does have a few mentions with other villas nearby on TripAdviser with similar stories, we used the Safe but it was only big enough for my bum bag containing passports, money and car keys etc The Guardia Police came and we filled out a report, they did not appear to be surpised or concerned. So a previous burglary should they have put NEW LOCKS on ? Are the UK Rental Company liable for lack of security and compensate me ? Any Advice please on where to go with this ? Thanks Milocoon
  5. I suffer badly during the winter months due to rheumatoid arthritis, bad back and wonky right knee. At present I get the DLA middle care and higher mobility rate. My wife gets carer's allowance for me plus she gets the lower care element of PIP. We both get State Pension however I also get a Pension credit element. We are considering that maybe we would be better off living in a warmer climate like Spain however we cannot do this if we lose all our benefits. Can any one advise whether we would lose all benefits if moving to Spain? The other option is to go for 6 months and then return for the summer months in the UK. Thanks. PS We came across this web site https://www.gov.uk/claim-benefits-abroad/illness-injury-and-disability-benefits
  6. Hi Daughter has a car on finance among many other debts.Just been passed over loads of debt letters from her old address including her car finance. She hasn't paid any payments for months and there is a Repossession Notice as well as a " nice, handwritten note" from a collection agent. I have her car gathering dust on my property.She owes about £8000 on it and it is now worth maybe £2000 - high mileage etc. I would not be adverse to offering them £1500 for it Would they be likely to accept this, or, am I putting myself at risk by getting involved? Any advice appreciated
  7. Hi I have been declared bankrupt you guys really, really, helped with that THANKYOU ONE AND ALL and I am rebuilding my credit now and getting on with our lives. I included most debts abroad etc in my bankruptcy and this ncluded a Spanish mortgage. The Spanish bank due to Spanish legal isses even witht he bankruptcy wrote off all the debt in recognition of the UK bankruptcy also the Insolvency service discharged our bankruptcy after 6 months and stated they would not be chasing any further the Spanish debt .They allowed me and the Spanish bank to agree to sign the property back to them in return they would write of the debt. So Bankruptcy has been great and we can get on with our lives. My problem now on a recent visit to Spain we were approached about outstanding rent by the local rental agent ( as we had left with a small amount of outstanding rent a few hundred euros ). This was an apartment we rented out via this agent who lived in the site. It turned out the property was owned by a criminal in the UK and may have gone back to the bank. Also as the owner was in prison the property may have been the proceeds of crime ( previously the agent had mentioned UK police were interested in the apartment). The agent has been collecting rent for a convicted criminal in the UK who was in prison at the time. The agent approached us while we were with friends in a beach bar and asked us to go and discuss the debt ( we did not have time) we were visiting close friends in the area and bumped into the agent in a bar. We do want to visit our friends when we wish in Spain. How should we approach this if we meet again or I could write to the agent. Is there a reciprocal arrangement on bankruptcy as in these debts 4 years ago in Spain, were before we declared bankruptcy in the UK . We had no funds and returned to the UK as our daughter was ill and we could not afford to live there. We do still want to visit Spain do we just live with this we would like to write to the agent and explain we are or have been declared bankrupt ( if it covers Spain Any advice is welcome and to anyone out there this site and the volunteers that are on here are amazing.
  8. :oops:Hi, I've lived 6 months in Stevenage and had to leave the flat without receiving my deposit of £550 from my Estate Agents and having to pay a debt of £690 to the energy company. I paid £140 to the energy company and told the estate agents to pay the £550 with the deposit, so they will be sure that everything has been paid and I can be sure that they give my money (the flat was in perfect state after leaving). After almost 3 months of phone calls and emails to both the agents (who acted very vaguely and ignored me) and the energy company, which acted very kindly telling me that I will receive more letters remembering my debt to them until I pay but nothing more. The problem is the 21st of August of this year I received one letter from Debt Managers (Services) Ltd. with my energy company's account number their name, and my £550 debt. One curious fact is that the address the energy company has have some error due to my pronounciation over the phone. And the letter from Debt Managers has the same spelling error in the address so I first thought they were sent by the energy company to solve their debts but I couldn't confirm this. The 16th of September I won my dispute for my deposit of £550 and I was about to pay the energy company when I see that someone had paid my £550 debt the 4th of September and I don't know (nor the energy company) who was because it was paid by cheque. I haven't received any phone call from my estate agents or landlord, so I doubt they have paid the amount and then lost the deposit (£1100?) so I looked for some info about the debt managers having paid the debt, which could be but seems totally illegal/unfair to me, specially when I wasn't even informed of that from the energy company. So I tried to phone the energy company and sent them 2 emails which they haven't answered yet. Yesterday, I received another letter, this time from Russel+Aitken (Russel and Aitken) LLP's Solicitors Debt Recovery, stating the same details: the energy company as Creditor, my client reference number, a reference number from Debt Managers and the same £550 as balance due, which were paid since the 4th of September. The letter advised that their clients, Debt Managers are considering proceeding with Court Action against me in respect of my account with my creditor (the energy company? why is the energy company a creditor if I haven't asked them to lend me money?). They continue telling me to pay Debt Managers and if I do NOT respond to this letter and they do NOT proceed with Court Action, my file MAY BE passed to Debt Managers' Investigation Bureau or doorstep agents. Well, I'm living in Spain right now, receiving all these letters and are they going to send doorstep agents to my house? At least some holidays for them... I've read in this forum that in these cases, you have to send a CCA request letter by Recorded Delivery with £1 as posting costs? Is this correct? But from Spain, I don't now if the proceedings are the same and if I have to include £1 (here we have €). Also, I would like to know if failing to respond them would carry problems for me in Spain, in the UK, in the rest of Europe or with my english bank account: as I have read, debt is not a crime in the UK, so bailiffs or the inability to obtain a VISA are not to be dreaded. As long as I see it, if anybody pays my fees and doesn't even worry to tell me, why do I owe him that money? He paid with his money for free and I wasn't informed or asked if I wanted to accept that change in conditions. In addition, today I have (definitely) contacted the energy company and asked for a written confirmation that my account balance is £0 and my account closed. After that, I told them the story and they told me to pay nothing to them, they confirmed that the £550 payment was made by cheque or similar and not by credit card, because they don't have the account number of the payer and that I'm not going to receive any more letters from them in the future. Hope it's true... Sorry for the 7 paragraph letter but I wanted to be the most accurate as possible. Also, I'm not sure if this thread goes here nor if there is any other similar thread as my case. In any case, thank you very much for bothering to read and any help you could provide. And congratulations for the Consumer Forums!!
  9. I am a freelance web designer and unfortunately have run into a problem with a client. They do not want to pay my final installment as they are unhappy with the work: £1400 (I have already taken £200.00 for a part of functionality missing so it should be £1600). With this in mind I have told them I will be taking the website down unless they pay me the amount in line with my payment terms. They argue that I am holding the website hostage and are offering £500.00 and a discussion at a later date or the full amount and they will be taking me to the small claims court. I am a sole trader and as of the 1st of October I will be moving to Spain. I do not own a property in the UK either as currently I live at my mums. So what would the procedure be? On a side note, their previous web designer had to take them to court for non payment. Please find below some relevant T+C's which I believe will protect me: 2.) XXXXX reserves the right to revise and amend an initial quote to a customer where needed. 5. E) Once you make final payment you are signing off your project and agreeing that the work has been completed. Any changes requested once final payment has been made will have to be quoted for accordingly. 5. F) Only when final payment has been made do you fully own the website. 5. I) All invoices must be paid within 7 days of them being sent. If payment is not made you may incur a charge or disruption to your service. All your help and advice would be greatly appreciated!!!
  10. I owe £9700 to the Cooperative bank credit card (which I originally took out in around 1995 when i was living in the UK although I now live in Spain). A couple of years ago I lost my job. I carried on paying the debt back at the minimum payments as long as I could but eventually could not pay any longer (about £150 per month). Initially the co-op said as I did not have any extra income, I did not have to pay for 6 months and they would freeze the interest. However, after the time was up they sent me a letter (which I did not get in time due to the vagaries of the Spanish postal system) saying I had to respond in 7 days otherwise they would pass my debt over to a collection agency. I replied to the letter the day I received saying I could still not pay or over anything in final settlement as I am currently unemployed and receiving no benefits and my husband (he is Spanish) salary is below the poverty line and we have 2 children. We have a house with a mortgage in Spain. I have no assets in the Uk. I do owe around 2k to Barclaycard which I have continued to pay throughout this time as well as an account with the Next Directory whcih I have now paid off. I received a letter back informing me that they had passed the debt to the Lewis Group and today have received a letter to my home from Lewis grp saying that they have been instructed by their client to recover the debt. That it is imperative for me to pay the amount in full immediately and that it is in my interest to ensure this matter is dealt with as quickly as possible. What should I do now please? I cannot repay the money. The amount I could afford to pay monthly would only be around £20 and that would be a push. What do you recommend please. FYI I have lved in Spain continuously for 15 years and co-op bank were aware I was living in Spain and have sent my statements and correspondence here for many years although when I initially defaulted they did try and call my parents home in the UK severak times (an address where I have never lived incidentally but which I have sometimes used for mailing purposes). Any help anyone can give would be greatly appreciated.
  11. I am writing on behalf of my father, who is retired and unwell. He and my mother lived in Spain for a number of years, and took out a loan for what he thinks was about 1000-2000 Euros whilst they were there, which they serviced on a regular basis. My mother sadly passed away in 2001, and my father returned home to the UK. He thought all his business in Spain was concluded. Out of the blue, now, at least 10 YEARS later, he has received a letter from a solicitors in London (who also have an office in Spain) demanding he gets in touch with them before the 10th July. They claim he owes 4,196.23 Euros. He is very agitated and upset by this. He has no savings to speak of and no great assets. He lives on pension credit and does not own his own home. I have been looking into the matter for him and would really appreciate some advice. I understand there is "The Prescription and Limitation (Scotland) Act 1973" and the "Limitation Act 1980" the first which does not allow creditors to chase debt if they have not contacted the debtor for 5 years, the second of which does this for 6 years. Do these laws apply in my Dad's case? I've also read up on the European Payment Order to try and figure what action the solicitors are planning. I am thinking we should send a letter similar to the one I have copied from this site below. Please let me know your thoughts. Many thanks. Dear Sir/Madam Acc/Ref No **** You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years: (a) without any relevant claim having been made in relation to the obligation, and (b) without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished:" I would also point out that the OFT say under their debt collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed. Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply. Yours faithfully Mr A N Other
  12. British insurance firms lodge complaints as holidaymakers in Spain are told to reclaim cost of health care from their insurer The European Commission is taking legal action against Spain after hospitals refused treatment to British holidaymakers carrying a European health insurance card (Ehic). Holidaymakers are advised to take an Ehic on their travels, giving them peace of mind that they will be entitled to free healthcare in public hospitals in any of the 27 EU member countries, as well as Iceland, Liechtenstein, Norway and Switzerland. While British travellers are not entitled to the same free treatments on offer at the NHS, they are able to access the treatment availble to local residents. However, the commission has received hundreds of complaints about Spain from holidaymakers who have been told to reclaim the cost of treatment from their travel insurer, or forced to cover it themselves. A number of leading British insurance companies have lodged official complaints as they are being left to foot the bill for treatment they should not have to pay for – and their increased costs are being passed on to holidaymakers in the form of increased premiums. The commission has requested information on the issue from the Spanish government, which has two months to respond. There have been reports of similar incidents in Greece and Portugal, but it is not clear if the commission is investigating these as well. http://www.guardian.co.uk/money/2013/may/30/spain-ehic-refusal-european-commission
  13. What action can DRC`s take. I am resident in Spain for the last 10 years. As a pensioner I have limited resources and no assets except my house in joint names with little equity due to the property crash. No assets in england ( £20.00 in Bank and £10 PSB). I was paying £1 pm on debt of £4300 to MBNA(ex Alliance & Leicester) They have now reassigned this debt to a DRC. What can they do? I know they cant get a CCJ as I am out of Jurisdiction but can they try thru a Spanish court? If so they do have to use UK law? Otherwise I suppose they will try to get money out of me. Is it worth offering, say £500, in Full and Final settlement, I cant afford to pay monthly, a least not a meaningful amount. Also MBNA wasn´t charging interest, will the DRC start charging interest now?
  14. Hi Just to summarise my situation I have debts back in the UK totalling about 30k, which is soon to get another healthy bump thanks to the reposession of my apartment. It´s a mix of a little tax, council tax, service charges, overdraft and a few other odds and... My mortgage, overdraft and one loan is all with HSBC. The od and loan are about 8k in total, the mortgage could be another issue so that one creditor will probably want about 23-30k when al said and done. Now I have a few options. First is the obvious run back to England and go bankrupt. But I wonder if they will chase the debt, or if I can stare them down for a while whether they´ll accept a full and final settlement for much less? I´m wondering if they´ll sell it on rather than deal with the hassle and expense? I could also feign complete ignorance and try and ignore it forever and hope it goes away. I´m leaning towards ignoring it for a while then doing the full and final offer for something like 5k. I can get help with that and all would be well with the world. Also, the council tax bill is big, ridiculous really, like 3k. Would they chase me to Spain or can I leave that one dormant and again hope they sell it on and sell it on? If I ever come back, I could then offer them 20p in the pound when the others are sorted. Of course I wouldn´t mind walking away from the lot, so if you have experience of this working then please let me know! But I´m looking at more at ádvantageous debt negotiation´by just being difficult to find, in Spain and generally an inconvenience. Would love to know your thoughts!
  15. despite claiming they only need the money to prop up a few banks, then why is the majority of the spanish population paying for the banks misfortune? http://www.bbc.co.uk/news/business-19763756 An independent audit of the banks confirmed on Friday that the banks are short of some 59bn euros, or almost 6% of Spanish GDP. This "hole" is the amount of capital that must be injected by the authorities to absorb the losses that the banks (especially regional savings banks) might suffer on all the loans they made to property developers and mortgage borrowers during the housing boom of the last decade. Some of the 59bn may also be provided by private sector investors, or by writing off the amount owed to some existing investors in the banks. The housing bubble has burst and many of those loans cannot be repaid. The eurozone has already made 100bn euros available from its rescue funds to plug this hole, although many investors suspect that the banks' needs may (eventually) exceed even this total. now i was always under the opinion if you invested your money in something and it went t*ts up then you lost your money...if it succeeded then you were quids in..why would anyone in their right mind, and i include us the wider british people in this statement, give billions to companies who made unwise investments (ie lost the lot on the 3.30 at kempton) yet roll over and give them the dosh to play again? people are beginning to see the insanity that his happening, the rich get richer whilst the poorest in society have to pay for the privelige...we really are PLEBS
  16. hi can anyone please help!!! myself, my partner, and 2 teenage boys (both under 16) have had to return to uk after living in spain for 7 years. (my partner 3 years). we are in the process of having our house in spain repossessed. in the last few months that we were there we were having to sell our possessions just to survive. in the end we had to sell the last of our furniture in order to be able to travel back to uk as we had nothing left to live on out there. we have now been back for 2 weeks and are staying with a friend. we have one room between the four of us. we applied for jsa and have been refused. they say we have to have lived here for 8 weeks before we can even apply. we have also been told that we cannot claim any child tax credits for our children for 8 weeks. nor housing benefit. this means we have no financial help whatsoever and have to live in one room with our teenage boys for at least another 8 weeks. (we are two women). i dont understand why we are being treated like this. i cant believe that they wont even support the children. we are looking for work with no luck so far. does anyone know of any other benefits we may be able to claim. my children are waiting for a place in a school, but i wont even be able to buy them a uniform. please help!!!!!
  17. Hi help needed please! I have received a visit from the Sheriffs Office (baiilff company) regarding community fees owing on a property in Spain (currently going through repossession).I have never refused to pay the fees and was actually making arrangements to clear the fees owed even though I was struggling financially, and started paying to a company called Community Fees (oddly enough), who are looking after the debt on behalf of the community in Spain. In March I was shocked to find that I had been sent court papers claiming that Kettlewell Solutions (another name for Community Fees) were persuing my debt through the court. I immediately contacted Kettlewell to ask why I had received these papers as I had started to pay, to which I was told that the proceedings would be halted as I was, a) paying up, and b) disputing the amount. Kettlewell told me that they would find out exactly what was owed so that I could budget for this ( turned out to be around 600 euros ). On hearing this, I didnt respond to the court papers within the timescales (30 days I think to defend), as they had assured me that the court proceedings would be halted. It was then again to my surprise that my wife should call me at work to say that a man from a company called The Bailiff Company (another original name!) had called to the house and asked her to give me a letter. In the letter it said that I had received a CCJ and now had to pay to them and not Kettlewell (Community Fees). I called this guy and explained my situation and informed him that if I did have a CCJ then I would lose my job in the finance industry, to which he told me to call Kettlewell, which I did. I spoke to the MD of Kettlewell and again explained my situation, and he said that looking at my records that I should never have been issued with the court papers and he would get the CCJ set aside. He sent me a document to sign saying that this summons was issued in error and that both parties were going to settle this between us and asked for the judgement to be set aside, he also told me that as soon as it was returned to him he would get it to the courts straight away, so all was well...so I thought. Next thing to happen, a company called The Sheriffs Office, in my hallway, just let themselves in as the door was not locked!! This time I was told that I had a CCJ against me via the high court and I had to pay them £2000 or they would begin to remove my stuff! I explained that this case was being set aside and Kettlewell could confirm this. They said that this warrant was instigated by the community's solicitor, but once I had shown them the document signed by myself and Kettlewell agreeing to get the judgement set aside, they were confused! They e-mailed the doc to their head office and were told to walk away, to which they did. I called Kettlewell and told him what had happened and he said that too many people were getting involved in the recovery of the debts for the community fees and said that he would sort out my case with the solicitor. I asked him for an update on the CCJ and he said that he had not heard as yet but would let me know when he does. I called the solicitor in Spain and asked him why I had been visited by another bailiff company, turns out that he did not know about my dealings with Kettlewell as they had not informed him! He agreed to call off the Sheriffs Office on the terms of me paying up, and this being agreed by the community. I e-mailed him all of the correspondence that had happened and he said that he would forward this on to the community and then let me know their response. I called him today and he still had not heard from the community as yet, I told him that my fees are nearly payed up, then he said that I would also have court costs AND the bailiffs fees to pay!! Surely this cant be true, if so then anybody in Spain could send out the bailiffs to people in the UK and then charge them for their time! I have paid for a search to find the registration of this CCJ but cant find it anywhere, does anyone know where I could find it? Also does anybody know of a good solicitor who could help as I dont want a return visit from the bailiffs, I certainly dont trust these people to be telling me the truth PLEASE HELP!
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