Now living overseas and bing chased for debt from the uk

[sandy72]

Hi, I would be very grateful if someone could offer me some advice.

 

I was in a lot of financial trouble about 18 months ago and I decided to have a fresh start and left the UK and the debts behind.

 

I owed roughly 20k and had no way of paying it back.

 

I now reside in Dubai and have received a letter from an international debt recovery company called AIC who are saying that debts have been transferred to them and that they are going to chase me for them.

 

I still have no way of paying this money back and am really worried that it is going to upset everything.

 

I would like to declare myself bankrupt in the UK as I have no plans to return and this seems like the only option.

 

Is a debt accrued in the UK enforceable in Dubai and would making myself bankrupt stop them?

 

Is it possible to make myself bankrupt from overseas?

I lived in Scotland beofore I moved so Scottish law would apply.

[sandy72]

can anyone help me

[42man]

Can you remember how long ago it was when you last made a payment ?....Do you know what the debts are for ?

[sandy72]

Approx 18 months was the last payment to a credit card and the others would be longer.

 

They are credit cards and personal loans.

[MrShed]

The debt is only enforceable under UK law, not international law, AFAIK. So I would be very interested to see how they plan to enforce this.

 

That said, I feel I need to say, debt avoidance is not condoned on this forum, and I feel that what you have done is morally wrong. Morally speaking, you should be repaying this debt.

[42man]

OK......my own feeling is that they wouldn't legally be able to enforce the debts as you are in Dubai....

 

If it was me i'd send each of them this by recorded delivery....

 

Letter 'N' from here....enclose £1 for each request....(not sure if you can enclose Dirham !!! ??) - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Do you know if there are a siginificant amount of excessive charges that have been added to the accounts ?

[sandy72]

The debt is only enforceable under UK law, not international law, AFAIK. So I would be very interested to see how they plan to enforce this.

That said, I feel I need to say, debt avoidance is not condoned on this forum, and I feel that what you have done is morally wrong. Morally speaking, you should be repaying this debt.

 

 

I agree and I respect your opinion on this.

 

I have basically made a mess of things and moving away from it all and a fresh start seemed like the only option.

 

I wish I had never obtained credit as I clearly can`t manage debts or be trusted with money

[sandy72]

OK......my own feeling is that they wouldn't legally be able to enforce the debts as you are in Dubai....

 

If it was me i'd send each of them this by recorded delivery....

 

Letter 'N' from here....enclose £1 for each request....(not sure if you can enclose Dirham !!! ??) - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Do you know if there are a siginificant amount of excessive charges that have been added to the accounts ?

 

 

Do you mean send this to the loan companies or the debt recovery company?

 

The companies haven`t sent me any correspondence or account statements for over a year now so I have no idea about charges.

[bigandyuk1]

Are we comparing morals with those of the companies profiting out of finacial misery. I do not think anybody on this forum should be passing judgement on someone elses morals. None of us are in a position to know how this debt became unaffordable. I for one have no problem with avoiding by all methods available, paying money being claimed by DCA's who of course also have no Morals.

 

Regards

Bigandy

[MrShed]

Bigandy - I wasnt aware that two wrongs made a right.

 

I am fully allowed to judge when debt avoidance has taken place - it results in increased costs for ME, in fees and(ever more frequently) tax.

 

Moreover, this forum has taken an OFFICIAL line time and again to state that they do NOT condone debt avoidance.

[MrShed]

That said, sandy, I respect the fact that you acknowledge this was fully expecting some massive tirade about lenders etc.

[42man]

Sandy if you are going to go down the CCA request route, then send them to whoever owns the debt now...

[42man]

I'm sure Sandy knows what her options are but as for the morals and ethics then it is up to her.....

[MrShed]

42man - I disagree.

 

To be a credible "action group", how can a member of the site team say that? It is important as an action group to show that your policies and thoughts are based upon the unfairness of the other party, and based upon reasonable thought processes and actions.

 

I have seen mentioned on a number of occasions this kind of action, and almost always the thread has been locked, with an accompanying note from a mod stating "we do not condone debt avoidance". Why should this be any different?

 

42 and also OP - please note I have no personal issue with either of you - I appreciate that for you OP whats done is done, and you have done what you felt you had to. 42man, I understand why you say what you say. I just feel that this needs to be unaninmous front by you guys, as it is clearly an issue that the banks would love to get hold of to throw back at you.

[sandy72]

42man - I disagree.

 

To be a credible "action group", how can a member of the site team say that? It is important as an action group to show that your policies and thoughts are based upon the unfairness of the other party, and based upon reasonable thought processes and actions.

 

I have seen mentioned on a number of occasions this kind of action, and almost always the thread has been locked, with an accompanying note from a mod stating "we do not condone debt avoidance". Why should this be any different?

 

42 and also OP - please note I have no personal issue with either of you - I appreciate that for you OP whats done is done, and you have done what you felt you had to. 42man, I understand why you say what you say. I just feel that this needs to be unaninmous front by you guys, as it is clearly an issue that the banks would love to get hold of to throw back at you.

 

 

 

I understand the points you are making but please note that I am simply looking for answers to the following questions;

 

Can I make myself bankrupt whilst living overseas?

Would this stop international debt recovery companies from chasing me?

Is a debt accrued in the UK enforceable in Dubai?

 

I am not asking to be judged or to discuss the moral implications of the whole thing. I know what I have done is wrong.

 

Thanks

[MrShed]

Thats fine Sandy - sorry, that was not aimed at you, just at the runners of the site so to speak

 

My opinion is that the answer to all three of the questions is a resounding NO. But that is only my opinion.

[mexico86]

at the end of the day when we're dealing with a contract between two parties, only the legalities matter, and morality is irrelevant.

[MrShed]

That depends on your viewpoint mexico.

 

I think that moralities do not matter to the outcome, but still very much do matter. Especially as this is a pressure group that pretty much wholly relies on immoral activities carried out by banks.

[jaystar2020]

Sandy, you probably CAN be responsible.

As suggested by 42man, (list all debts that you can, determine the latest owner and address) send CCA and wait. This equals a fight back, fire with fire-style...you may not need to go down the bankruptcy route, although as mentioned that may not be an option unless you return to the UK to be present for at least some of the Bankruptcy process. You can however legally take them to task and request that they 'prove' the debt, and have answers to this within a short space of time.

 

Immoral - or unethical - or dishonest???

Debt is debt, we take it out, pay it back...worth a mention here >!>?!?

 

The degrees, methods whereby and extent to which we are charged, penalised, and personally harrassed I guess are where the ethical and moral questionableness arises in this forum...unless you 'morally' disagree with 'credit' as a function. Participating in a consumer credit forum to argue the morality of 'credit' per se is redundant, I think...

 

Announcing one's views on debt-evasion is no doubt an individually respected right...'preaching' those views I think becomes somewhat abusive of the right, within the context of the forum.

 

Yes, it's law in the end, an ass, and/or what you can make of it.

 

Preaching my views on preaching is outside the scope of this Thread, Topic and Forum...I'm off to Consumer Preaching Rights!

J2020

[dannyboy660]

Hi, I would be very grateful if someone could offer me some advice.

 

I was in a lot of financial trouble about 18 months ago and I decided to have a fresh start and left the UK and the debts behind.

 

I owed roughly 20k and had no way of paying it back.

 

I now reside in Dubai and have received a letter from an international debt recovery company called AIC who are saying that debts have been transferred to them and that they are going to chase me for them.

 

I still have no way of paying this money back and am really worried that it is going to upset everything.

 

I would like to declare myself bankrupt in the UK as I have no plans to return and this seems like the only option.

 

Is a debt accrued in the UK enforceable in Dubai and would making myself bankrupt stop them?

 

Is it possible to make myself bankrupt from overseas?

I lived in Scotland beofore I moved so Scottish law would apply.

 

Bankruptcy will be open to you provided you petition the High Court with 3 years of leaving the UK.

 

s.141 of CCA '74 for unsecured credit clearly states that jurisdiction is UK county courts or the High Court. The contract is regulated by UK law and isn't worth the paper it's written on to a court outside the UK, regardless of what DCA's and others may try to make you believe. Rule Britannia??.....that stops at Dover, at the moment.

 

However, if a CCJ existed before you left the UK it may be possible for the original creditor (not a third party purchaser) to get it enforced overseas. This will become much easier in 2009 if you are within the EU.

 

As a very general rule, if there is no CCJ already in existence you won't have a great deal to worry about as the costs are prohibitive on an unsecured debt. If a CCJ does exist, then you should check up on local enforcement law, particularly if you are within the EU.

Edited December 22, 2008 by dannyboy660

[ODC]

Fortunately for Dubai its not a member of the rip off EU