Overseas Debt and changing name

[Larry Lane]

Having left the UK just over 6 years ago I also left behind a number of debts.

 

During this time I had also married (5 years ago) and changed my name to that of my partner.

 

As I was not resident in the UK there was no need for me to notify any authorities of my name change, only my passport needed to be renewed to show my new name.

 

I have recently had a family member pass away and have heard that I am named in the will (using my new name) to receive some monies. In addition a close family member who was not named in the will claims they know some of my creditors and will inform them of my inheritance.

 

Question;

Having changed my name and the will also shows my new name, if my family member does inform creditors is there anything they can do to try and make a claim against the inheritance.

[cerberusalert]

Having changed my name and the will also shows my new name, if my family member does inform creditors is there anything they can do to try and make a claim against the inheritance.

Only if they have previously obtained a CCJ, then they would have to apply to a court for permission to enforce. If they have obtained a CCJ they would have needed to do so whilst you were a UK resident otherwise you can get it overturned.

[Larry Lane]

Thanks for the reply.

 

If any CCJ's were obtained this would of definitely been done in my absence and whilst living outside of the UK.

 

What if there was not a CCJ made against me?

[cerberusalert]

If they have obtained a CCJ whilst you were a non-UK resident you can get it set-aside quite easily as they are not allowed to do it. See; http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

 

You can check online to see if there is a judgement but you'll have to enter all previous addresses in the UK within the last six years http://www.trustonline.org.uk/ which costs £8.

[Larry Lane]

Thank you again for your reply.

 

I have now checked the register at trustonline.org.uk and checked both my name and company name and neither have anything registered against them.

 

Without any CCJ's against me how does this effect my current status and debt with regards to my inheritance in the UK.

 

Thanks in advance.

[cerberusalert]

Without any CCJ's against me how does this effect my current status and debt with regards to my inheritance in the UK.

They will be unable to take any enforcement within the UK, especially because you have been away for more than 3 months. If they know your whereabouts within the EU it is possible for them to try through the courts in the country you are in, however they will still have difficulties because of the lack of a CCJ.

 

If the debt was covered by CCA 1974 it would have to be heard using the terms of that Act which means they would have to retain a legal bod who is familiar both with UK laws & the laws of the member state where you reside. Of course it would depend on the amount of the alleged debt but in most cases it's not economically viable for them to pursue.

[cerberusalert]

One other thing, if the debts are over six years old they will be Statute Barred so they would not be able to take enforcement in any case either here or where you are.

 

If they had of obtained a CCJ more than six years ago it will have dropped off all records anyway & although a CCJ never becomes Statute Barred if it hasn't been enforced within six years they would have to apply to a court for enforcement & permission is rarely if ever given.

[Larry Lane]

Cerberusalert,

 

Thank you most kindly for your time and sharing your knowledge.

 

You have been very informative.

[Larry Lane]

Does this also apply to company debts where a personal guarantee was given although there is nothing registered against the company and has since been disolved?

[cerberusalert]

Does this also apply to company debts where a personal guarantee was given

Yes.