UK CC Debt. Reside in US

[TheUKerInMi]

Hey All,

 

Looking for some advice on how to proceed.

 

I have been a full time permanent resident in the US (Michigan) after relocating over here for work 6 or 7 years ago. I am full time permanent resident as of 2006. When I moved over here, I still had an old car loan (which is now paid off), student loans (paid off) and two credit cards, one with Egg (8k ish )and one with Halifax (4k ish). I send money back each month to a UK Barclays account and pay by direct debit but can only afford minimum payments.

 

I'm stuck as I can't get a loan in the UK to cover them, I can't do balance transfers to 0% cards again as I'm not in the UK, but none the less, I have maintained paying them on time, every time.

 

My UK mail still gets sent to my parent's UK address.

I have no intention of returning to live in the UK.

 

I am now in a position that I can no longer afford to make these repayments in the UK and will have to stop making payments. How should I handle this?

 

I don't want my folks back home to be bombarded by credit agencies or the banks.

 

Is there any course of action they can take that can affect my US credit score, or my life in the US in general. I have read in other posts that they cant impose a CCJ on me once I notify the banks of my change of address and that there's no reciprocal agreement between the US and UK so they would not be able to successfully recover from me here (not that I have the money or assets for a recovery in any case). Is all of this still true?

 

How should I proceed? Send them a letter with my new address and then just not send any more payment and ignore all correspondence?

 

Has anybody else gone through this? What sort of time frame am I looking at to go through all this?

 

Greatly appreciate all your help on these fine forums!!

 

 

 

Thanks

[rebel11]

Hi the

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

[cerberusalert]

Is there any course of action they can take that can affect my US credit score, or my life in the US in general.

No.

I have read in other posts that they cant impose a CCJ on me once I notify the banks of my change of address and that there's no reciprocal agreement between the US and UK so they would not be able to successfully recover from me here (not that I have the money or assets for a recovery in any case). Is all of this still true?

Yes.

I don't want my folks back home to be bombarded by credit agencies or the banks.

I'm afraid there's little you can do to prevent it, they will try to contact you through all known addresses. But any mail that comes there for you should be returned unopened and they should refuse to speak to anyone on the 'phone. If creditors or their agents persist, your parents should complain to their Trading Standards department.

How should I proceed? Send them a letter with my new address and then just not send any more payment and ignore all correspondence?

You could send them a letter containing an email address for contact although I'd be wary of giving them your residential address unless you have a PO box you can use.

Has anybody else gone through this? What sort of time frame am I looking at to go through all this?

No doubt there will be others who may be able to give their personal experience, but it would be wise to check what the Statute of Limitations are in the State you live. After that period they cannot pursue you anyway.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?282263-UK-Debt-Living-in-US

[TheUKerInMi]

Thanks for the quick reply! Much appreciated!

 

I'm afraid there's little you can do to prevent it, they will try to contact you through all known addresses. But any mail that comes there for you should be returned unopened and they should refuse to speak to anyone on the 'phone. If creditors or their agents persist, your parents should complain to their Trading Standards department.

If I mail them to notify my change of address immediately (I can use a PO Box in the US), before my next payment is due and provide them an email address, do you think this would adequately reduce the collection calls / letters to my folks? I can take care of this pretty easily. Would doing this also stop the banks raising a CCJ against me, which I gather is illegal as I'm not a UK resident (which is easily proved), thus saving me the hassle of having to fight it later.?

 

You could send them a letter containing an email address for contact although I'd be wary of giving them your residential address unless you have a PO box you can use.

I will obtain one asap.

 

No doubt there will be others who may be able to give their personal experience, but it would be wise to check what the statute of limitations are in the State you live.

Did some quick research, 6 years in Michigan I believe.

 

Additionally, my one card is now with Barclaycard (was Egg before the take over), if I don't pay Barclaycard, are they likely to withdraw from my current account with Barclays? I have a about $2GBP in there now, but a 700 overdraft... What can I do to avoid this? Will stopping all Direct Debits be enough?

 

Also, can any of this affect my parents credit rating, or affect their lives in anyway? My assumption is NO, as they did not counter sign any of my debt and none of this is theirs. I just want to make sure I don't somehow screw them over, this is my prob. not theirs!

 

Thanks again!!!

[cerberusalert]

do you think this would adequately reduce the collection calls / letters to my folks?

I'm afraid they may still try to contact you through your parents, that's why they should complain to TS if they do.

Would doing this also stop the banks raising a CCJ against me, which I gather is illegal as I'm not a UK resident (which is easily proved), thus saving me the hassle of having to fight it later.?

It won't necessarily prevent them from applying for a CCJ but if they do & you can prove that you are/were not a UK resident it can easily be set-aside.

Additionally, my one card is now with Barclaycard (was Egg before the take over), if I don't pay Barclaycard, are they likely to withdraw from my current account with Barclays? I have a about $2GBP in there now, but a 700 overdraft... What can I do to avoid this? Will stopping all Direct Debits be enough?

They can legally off-set between a/cs, so if you owe money on your credit card they can take it from another a/c within the group. Obviously if you have no funds they can't take it. Eventually they will close both a/cs but be warned they may try to rack up the charges with bounced direct debits etc.

 

You say that you've had the card for several years, have there been any unfair charges made against it & was there any PPI? If so you can reclaim these + 8% statutory interest.

 

Also, can any of this affect my parents credit rating, or affect their lives in anyway?

No it can't affect their credit rating and the only effect on their lives will be nuisance calls.

[bazaar]

Dont give them your address in MI. If youre already getting letters etc, I asume youve defaulted on some of the accounts. They cant chase you in US as there is no reciprocal agreement.