living in spain

[expat1]

hi , new to this so here goes.

 

i desperatley need some help advice on my current situation. Firstly before now I had no credit problems, used credit cards alot over the last 20 years, nearly always cleared the balance the next month, no history of missed payements- thats the background.

 

Moved to Spain a few years ago, at the height of the boom, sadly.

 

in very simple terms life in Spain has not been good, low paid work and subsequentlt cc debts have increased always hopeful that work would turn around. Added to this property value has dropped by 40% plus. Due to recent further reduction in income can no longer service cc monthly payments.

 

I have not asked for a copy of the Credit agreement yet, I am talking to family and friends to see if I can come up with a lump sum to offer F&FS.

My house is worth less than the mortgage and secured loan to the builder.

 

I have stopped paying monthly payments because I have nothing left each month, in fact its only freinds and family who are helping me monthly. I cannot afford to employ a solicitor and sadly as I no longer live in the UK iva does not appear to be an option

 

The questions

 

Should i be asking for a copy of the credit card agreement?

Can a ccj be issued if you no longer live in the uk?

Has anyone had a similar experience, if so what advice can you give from your experience?

 

Any guidance advice would be gratefully received many thanks

 

expat1

[slick132]

Hi Expat,

 

If things for you are so hard just now, you have to do whatever you can to protect yourself.

 

Disputing the debt on the basis of unenforceability is a lengthy process but it may buy you some time at least.

 

Send BC a CCA request with the £1 fee - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

You could send the request letter to someone in the UK and ask them to put in a blank Postal Order for £1 before sending the letter to BC's Northampton address.

 

BC are usually slow to even discuss a F&F settlement, let alone agree one. But you would do this after you see what agreement they come up with. If you read other threads here, you'll see BC don't often send out credit agreements.

 

They are also very slow to take court action for debts. In an overseas case, I'd be very surprised if anyone bothered to pursue it, for logistical reasons.

 

[expat1]

Slick

 

Many thanks for your reply. I was starting to worry that I would not get advice anywhere, really appreciate your thoughts.

 

As I said I am new to forums. I tried to follow your link for the letter requesting a copy of agreement, but sadly could not find it. Can you just tell me where or what i should be looking at on the webpage to find it

 

many thanks

[expat1]

slick

 

sorry just found the letter, should i sign it or just print my name on it

 

thanks

[miss muppet]

Print or type your name, there is something on CAG about digital signatures, I'll see if I can find it and come back.

[miss muppet]

here you go:-

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/110578-digital-signature-guide.html

[expat1]

Thank You Miss Muppett

 

When I actually write to the cc's should I sign the letter or just print my name at the bottom. Does this make a difference from a legal perspective?

 

Hope this makes sense, thanks

[miss muppet]

Makes no difference from a legal perspective expat, people even do this when corresponding with the CC solicitors. Basically it removes the temptation for a bit of Blue Peter work.