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UK debts but living overseas - advice & help wanted!


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Hi to all

 

I have unsecured debts in the UK to the tune of c £40K. These are a mix of credit cards and two loans, plus one catalogue debt too. Ran into problems paying in May 2009, when both I and other half lost our jobs, mortgage insurance wouldn't pay out, and generally nightmare time.

Before I lost my job in the UK last year, I was on a very comfortable salary, but jobs v few and far between now in my industry sector due to the recession, andso took on two lower paid part time jobs to try and bring SOME money in (my husband's job in the UK was poorly paid)

 

We have now moved to Turkey as my husband has been offered a better job (he is Turkish) and I am about to take residency here. We plan to be here for the duration, but still have a house in the UK (jointly owned) which we have rented out.

 

Following good advice from the National Debt Helpline, I negotiated with our mortgage lender, and managed to get a payment holiday for 3 months. We then paid back some of the arrears that had accrued, but still owe about £2K on the latter, which they have agreed to capitalise.

I offered and have made token payments to all other creditors in May, which I have been paying since then, with the exception of 2 of the larger debts, where I have disputed the validity of the original credit agreements (the latter is being handled by a solicitors currently)

 

One creditor (ironically, one of the smallest), where I refused to pay as I did not believe the CA was valid, has just taken me to court and won, so now I also have a CCJ against me for some £700.

 

I also won a small payment via an employment tribunal at the end of the year (£4K).

 

I have no income in Turkey currently, and we are funding renting a small apartment via the difference between the rent we are charging our tenants, and our monthly mortgage payment. My husband's income here is low, but we can live much more cheaply here than the UK due to lower costs of living. Our combined income in the UK was not enough to make any kind of significant monthly payments to my creditors.

 

What is my best course of action with these creditors now? Should I offer full and final settlement payments, using the £4,000? Or should I continue to offer token payments based on our income/expenditure in Turkey. Also, am I protected from these debts in any way because I am in a non EU country?

 

I have no intention of giving the creditors my address in Turkey in case they continue to harrass me here in the same way that they did in the UK.

I am, however, worried about creditors being able to gain charging orders on our property in the UK - although the amount of equity we hold in it is very small (less than £10K) and half of the latter 'belongs' to my husband, as co-mortgagee (all of the debts, bar one very small one, are in my name)

 

Any advice will be gratefully received!

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One creditor (ironically, one of the smallest), where I refused to pay as I did not believe the CA was valid, has just taken me to court and won, so now I also have a CCJ against me for some £700.
If they obtained the CCJ you can get it set aside, a judgement can only be entered against a UK resident.

 

As for your other debts, they cannot take any enforcement action in Turkey.

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I am, however, worried about creditors being able to gain charging orders on our property in the UK - although the amount of equity we hold in it is very small (less than £10K) and half of the latter 'belongs' to my husband, as co-mortgagee (all of the debts, bar one very small one, are in my name)
This question I'm not sure about, it would be wise to ask the solicitor who is dealing with your property.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Hi to all

 

I have unsecured debts in the UK to the tune of c £40K. These are a mix of credit cards and two loans, plus one catalogue debt too. Ran into problems paying in May 2009, when both I and other half lost our jobs, mortgage insurance wouldn't pay out, and generally nightmare time.

Before I lost my job in the UK last year, I was on a very comfortable salary, but jobs v few and far between now in my industry sector due to the recession, andso took on two lower paid part time jobs to try and bring SOME money in (my husband's job in the UK was poorly paid)

 

We have now moved to Turkey as my husband has been offered a better job (he is Turkish) and I am about to take residency here. We plan to be here for the duration, but still have a house in the UK (jointly owned) which we have rented out.

 

Following good advice from the National Debt Helpline, I negotiated with our mortgage lender, and managed to get a payment holiday for 3 months. We then paid back some of the arrears that had accrued, but still owe about £2K on the latter, which they have agreed to capitalise.

I offered and have made token payments to all other creditors in May, which I have been paying since then, with the exception of 2 of the larger debts, where I have disputed the validity of the original credit agreements (the latter is being handled by a solicitors currently)

 

One creditor (ironically, one of the smallest), where I refused to pay as I did not believe the CA was valid, has just taken me to court and won, so now I also have a CCJ against me for some £700.

 

I also won a small payment via an employment tribunal at the end of the year (£4K).

 

I have no income in Turkey currently, and we are funding renting a small apartment via the difference between the rent we are charging our tenants, and our monthly mortgage payment. My husband's income here is low, but we can live much more cheaply here than the UK due to lower costs of living. Our combined income in the UK was not enough to make any kind of significant monthly payments to my creditors.

 

What is my best course of action with these creditors now? Should I offer full and final settlement payments, using the £4,000? Or should I continue to offer token payments based on our income/expenditure in Turkey. Also, am I protected from these debts in any way because I am in a non EU country?

 

I have no intention of giving the creditors my address in Turkey in case they continue to harrass me here in the same way that they did in the UK.

I am, however, worried about creditors being able to gain charging orders on our property in the UK - although the amount of equity we hold in it is very small (less than £10K) and half of the latter 'belongs' to my husband, as co-mortgagee (all of the debts, bar one very small one, are in my name)

 

Any advice will be gratefully received!

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Hope things go better for you in Turkey.

 

Sadly I can't help much as I don't know if they can still chasse the debt while you live in Turkey but I'm sure someone will know so please hang in there. Someone will be along with the help you need soon.

 

By the way the possibility of the catalogue have a signed agreement will be very small so it may be worth a cca request.

 

DG

I have no legal training my knowledge comes from my personal life experiences

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Thanks for your help Diamondgirl - I already tried the requesting the CA route, but they still proceeded to court. The paperwork for the court started just before we moved house, and although I applied to the court for extra time, they ignored this. Only found out that the case had gone ahead and that the judgement had been made against me after I moved to Turkey, and received my forwarded mail!

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Hi

 

Thanks Cerberusalert (how is it that everyone has much cooler names than me on this forum?!)

I will check the judgement date after that advice - as I received the notice via forwarded mail from the UK which was very delayed in being sent to me, I didn't really look at the dates, just clocked the CCJ!

 

If the judgement was after I left the UK, how so I go about getting it put aside?

 

Thanks again....

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If the judgement was after I left the UK, how so I go about getting it put aside?

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

The fact that you didn't receive the papers is enough to appy for a set-aside.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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I've just done a bit of checking, a creditor cannot legally obtain a CCJ against a non UK resident likewise they cannot obtain a Charging Order in the absence of a CCJ so obviously they cannot put a Charge on your property. Similarly they cannot make you Bankrupt either. The choice is yours, even if there is a reciprocal agreement in place between the UK & Turkey unless the amount they are chasing is many £Ks it would be too costly for your creditors to pursue you there. Obviously because of this fact it puts you in a strong position to negotiate a full & final offer if you so wish, but remember any debt would become Statute Barred six years after you last made a payment or written admission of the debt. So if you returned to live in the UK after then they still wouldn't be able to take any enforcement action against you.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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