UK debts but living in Spain

[Mahou]

Hello....I'm new here, and would appreciate any help from the more experienced amongst you!

I have recently moved to rented accommodation in Spain, and am not currently working. I have debts in the UK, a number of credit cards and three loans and three overdrafts. I had a business (sole trader) in the UK but the recession left me borrowing to support the business and it eventually failed, leaving me with the debts and no assets. My house had equity enough to cover the debts but took 18 months to sell and the price had to be reduced so much that there was nothing left, and in the meantime I had been borrowing on one card to pay others, etc., so now have the debts and no assets or income. We are living on a small income that my wife has.

I told all my creditors that I had moved to Spain, and wrote to them explaining my situation. I have been making token payments of £1 to each debt each month. Some of my creditors still write to my old UK address but most write to Spain. Egg has ignored my change of address completely and it's not possible to change it on the website. However, I have managed to change it to 'I have told you I have moved to Spain and you have ignored it' and left the postcode as was, so maybe they will take notice now. Some of the creditors try to call my UK mobile even though I have given them a Spanish mobile number, which I do answer. They also send me letters and text messages asking me to call them, which I can't do from a Spanish pay as you go phone. Barclaycard have changed the address on one account and not the other, and Lloyds TSB write to me in Spain from one department and in the UK from another department about the same account.

I have my UK mail forwarded to Spain but as there is no postal delivery where I live I have a rented PO box, and I have to go there to collect the mail, so this is the Spanish address they have, not the house address.

I do not foresee any way that I can repay my debts, but I do not know what course of action the lenders will take in view of my move to Spain, or what I should do to deal with the problems. Can anyone help, please?

[cerberusalert]

Have a read through this thread; http://www.consumeractiongroup.co.uk/forum/overseas-debt-overseas-account/250889-can-i-sued-overseas.html

 

They cannot obtain a CCJ against you in the UK & they can't apply for your bankruptcy, they would have to go through the Spanish courts & in the majority of cases it would just not be financially viable.

[Mahou]

Thanks for the reply. I read that article earlier, and see that my creditors can sell my debts to a Spanish DCA. I assume that they would then have to obtain judgement in Spain before they could do anything? Or could they just harrass me, although they only have a PO Box address?

[kbob]

Have a read through this thread; http://www.consumeractiongroup.co.uk/forum/overseas-debt-overseas-account/250889-can-i-sued-overseas.html

 

They cannot obtain a CCJ against you in the UK & they can't apply for your bankruptcy, they would have to go through the Spanish courts & in the majority of cases it would just not be financially viable.

 

But without a UK CCJ how can a UK CCA credit agreement be enforceable in the Spanish courts?

 

I do keep wondering why if it's so easy leave UK debt behind - Why is there not a mass exodus of UK debt slaves to the EU?

[Mahou]

From what I can gather, they sell the debt on, and it can then be enforced in Spain as I will owe it to the new owner of the debt. I would guess that the new owner would only pay a fraction of the debt in order to make a good return.

[kbob]

From what I can gather, they sell the debt on, and it can then be enforced in Spain as I will owe it to the new owner of the debt. I would guess that the new owner would only pay a fraction of the debt in order to make a good return.

 

 

But how can you sell a debt that was agreeed to under UK terms and conditions. I can imagine partnered Spanish DCA's would have a go at threats - But is it legal to sell localy and try for local enforcement? The debtor won't have agreeded to the local terms and conditions. Debts and debt collection are taken more seriously in parts of the EU how can easy non secured UK debt be transfered to stricter locals?

 

Does anyone have any experience of how DCAs try to enforce UK CCA debt within the EU?