What Can We Do?

[cotswold]

Hi All

 

First of all apologies for the rambling

 

I have read through this forum with great interest but have become a little confused and need some advice and direction of what I do next

 

My wife has unsecured debts totalling £21789 which are broken down as follows:

 

Barclayloan £14680

 

Barclayloan £4305

 

Barclaycard £2804

 

We now live in Spain and have done since Jan 2010 and no payments have been missed in servicing the above - in addition to this my wife also has a Spanish mortgage.

 

I am not working so my dearly beloved is the main breadwinner and will be losing her job shortly due to lack of holiday makers out here and employment opportunities out here are very few and far between.

 

The mortgage is taken care of as the Spanish bank my wife has the mortgage with will give her a 6 month payment holiday as the employer no longer requires her. We also have a small amount of savings of about £3000 these savings will mainly be used to allow us to survive so therefore Barclays and Barclaycard are at the back of the queue

 

Barclays and Barclaycard do not know we have moved abroad and all mail goes to her Mothers address.

 

So in summary my wife cannot continue to service the above creditors

 

Ok ramblings over here are my questions:

 

1. Is it best to approach creditors direct or via Payplan or CCCS

 

2. Do we tell them we have moved to Spain

 

3. Can debts that were agreed under UK law be transferred to a DCA here in Spain

 

4. Is my wifes Spanish property vunerable even though the debts are unsecured

 

Looking forward to you thoughts

 

Thanks

[cerberusalert]

See http://www.consumeractiongroup.co.uk/forum/overseas-debt-overseas-account/250889-can-i-sued-overseas.html with regards to debts being chased in the EU.

 

1. Is it best to approach creditors direct or via Payplan or CCCS

How old are these a/cs? It may be wise to see whether they are in fact enforceable first.

 

2. Do we tell them we have moved to Spain

they will probably start to pester your MIL trying to contact you.

3. Can debts that were agreed under UK law be transferred to a DCA here in Spain

In theory yes, see the link above.

4. Is my wifes Spanish property vunerable even though the debts are unsecured

As above.

[bazaar]

There is a reciprocal agreement between Spain and UK,

But the question is not ' what you can do" as your thread suggests, but what will they do?

You obviously need your savings to survive, so thats first priority.

 

They will hassle your mum in law, regardless of whether you tell them or not, so she will just have to let them know youre no longer at her address.

 

If you decide to tell them, that your wife has lost her job, then you wait for their response, ( probably, ' so what, we want the money and will take you to court). In which case, you'll apply for CCA and SAR.

 

But if you tell also them, the change of address, ( No Phone numbers) they will hassle you directly. BUT, will they pursue you to the point of taking you to court from the UK.?

They cant get a CCJ against you in the UK, if you live in another country and they know it.

 

They can get a CCJ at your last known address, if they dont know you live abroad.

 

It depends also, if you plan to return to the UK to live ( not just visits).

 

Id suggest reading up on the expats site also, to get an idea how things operate.

You need to get in mind, the possible consequences ( if any), after all, your wife is now out of work, so no income. and no UK assets.

 

Whats the worse they can do?