UK Debts - Living Abroad

[phill123]

Exactly, the bankruptcy can be enforced in

 

I realise you are trying to be helpful but what you have said so far is really so wrong I would laugh if it wasn't for the fact that someone may take your advice and get seriously damaged because of it.

 

very constructive comment ..... may be you shoud revise your preconception and cliche a bit further before making sweeping statement on my ability to to tell him what i actually experience while living in france

 

Moreover I didn't know by suggesting to him that to ask for a CCA to see if they have any legal right to collect the debt was very funny and badly advised , so it could challenge them and negotiate properly a reduce settlement if he can !! i have never say as well that i was an expert on british law insolvency far from it.

 

if you have read carefully my post i did suggested that it was possible to enforce a statutory demand however you have chosen to overlook this fact ... i should have made myself a bit clearer ....

 

however that to trace the debt abroad will be , i think ,quite expensive things to do ... so i know for a fact that for small debt some company just decide to write it off. I have seen this by myself a lot of this going on when i was living in france. it may have change now perhaps.

i have seen also some rather large debt being pursue which is another thing.

 

however when he will open a bank account in france, the bak may, and i think they will, decide to contact his english bank to check his credit. i kjnwo this is what happened to me, both in Uk and in France. This is what i said, wait for it, to him don't ignore it !!!! as tghey coudl enforce it in Uk and if for whatewver reasonas to come bak ot live inUk it will have to face it.. but again this was overlook also.... i suggested even further that they may engage proceeding infrance by folowing the law , as i could not see englishlaw being enforce outside their jurisdiction i know european law can ... this was again overlook.... or maybe misread

 

i even mentioned that there is a lot of people far more knowledgeable than me..... and that he coudl sek their advise... i implied that my opinion is no legal advise but what i experienced personally myself, and trust me i know quite few people that i have actually done that with not so much problem.

 

i may get a backlash but well for the sake of this post for the purpose i willtell you my personal experience with debt contracted in france... when i was younger and very careless to say the least .. i contracted an overdraft. however as a student i couldn't repaid it so i moved back to UK. my french bank passed my file to the banque of france to get it "bankrupt". However i did receive some threat, phone call and letters . i choose to ignore them for quite a while. so after getting some advice ,i was told that i have two option i could choose to ignore it as it will be expensive for them t recoup what i actually owed or i coud make them a FUlland Final settlemnt which i did and they were not happy so they passed into the banque de france and to date well i haven't seen any kind of enforcement being placed while i was living in UK. they were threateming me with bailiff action as apparently they had a court order from a french court ( thisw was probably a lie fromthe french DCA) .... well iam still waiting of them to turn up after 20 years ... so you see it is not the cleverest things i have ever done far from it.

 

when i go bak to france, ihave met some peole who have doen just that , they met get letter but well they choose to ignoreit.. it is morally wrong i know .. but i am not their conscience and they know the risk if they to go back to live in UK .

[tomterm8]

Being abroad, I can't afford to keep going back to UK for courts

 

Why would you need to? Many english courts are willing to deal with cases by teleconference.

 

In terms of tracing debtors, IIRC, the two big credit reference agencies in england also operate in France, and so - I presume - for a DCA tracing would not be that difficult.

[davedebt]

Please don't argue about this !!, I welcome everyones advice and I did ask for anyones experience of a similiar situation in my original post.

 

Just to clear up any confusion, it is a personal credit card not a business card debt.

 

I think we all agree that exploring the CCA request route first would be advisable. I am concerned that they might get a CCJ against me in my absence, I am unaware of teleconferencing and how that might work.

 

I was really hoping that someone could shed some light on probability that they would chase the debt outside the UK. AIC have been calling and sending letters for about a year so far.

[bottomburp]

They know where you are so they're more likely to chase you than if they hadn't got a clue where you'd gone. That said they're less likely to chase you as you're not in the UK, but it is £12,000. Depends on how hungry they are...

 

Yes, do the CCA and check they have a valid, enforceable agreement.

 

If they do have an enforceable agreement you should then do the SAR to check what unlawful charges have been levied - and they shouldn't try getting a CCJ if the account is in dispute.

 

Both of these things mean giving them an address... but if the debt is enforceable then.... we've been through that...

[davedebt]

They know where you are so they're more likely to chase you than if they hadn't got a clue where you'd gone. That said they're less likely to chase you as you're not in the UK, but it is £12,000. Depends on how hungry they are...

 

Yes, do the CCA and check they have a valid, enforceable agreement.

 

If they do have an enforceable agreement you should then do the S.A.R - (Subject Access Request) to check what unlawful charges have been levied - and they shouldn't try getting a CCJ if the account is in dispute.

 

Both of these things mean giving them an address... but if the debt is enforceable then.... we've been through that...

 

 

Thanks bb, I will try the CCA route first, I have a strong feeling but can't remember, that the card was kust issued to me as an upgrade of my account. My only regret is using friends address in UK don't want idiots turning up and hassling them anymore

[caro]

It's fair to say that davedebt, like all users, should check out any advice given before deciding which, if any to use. Everyone is trying to help, so I agree with dave, please don't argue.

[twofoot]

Here is a rough guide to my pridicament. I am in Spain with uk debts of 30k spread over 5 credit cards. I have been chased by every dca in the uk for 5 years, threatened with doorstep calls, bankruptcy and anything else you can think of. Cabot was one of the more persistant ones. I did tell them all my Spanish address so I was not trying to avoid them. I did not write to any of them at all in response to their letters. One dca even passed it to a Madrid dca. All the debts are now, or about to be SB. The long and short of it in my opinion is that in order to take legal action over here they need a CCJ in uk. To get this they need a UK address not last known address as they know I'm in Spain. In short there is naff all they can do. Before anyone starts calling me for evading my debts, you don't know the situation and all were offered payment when I lived in the UK but all got very nasty when I told them I was moving to Spain in a few months so I gave them a take it of leave it, and they left it. I have no qualms about stiching up dca's cos the things they did are worse than what any low life would do. They call on friends, family and neighbours at home and work when they have absolutely nothing to do with the case then they tell them that they can be liable. We all know that's not true but someone who doesn't know can be worried to death by them. SCUMBAGS!!!

[nomorecrooks]

If they obtain a CCJ in britain, then they will almost certainly be able to enforce it in another european country.

 

What type of debt is this?

 

tomterm8: my understanding is that this is not possible for UK debts chasing residents of Denmark, is that correct?

[unclebulgaria67]

Yes I don't think Denmark signed up to the EU Treaty bit that this was agreed under. The UK government have recently said they may also invoke the opt out they have, so these European Enforcement Orders can no longer be used.