UK debt living abroad after 10 years. Feeling wretched.

[dizzygirl26]

First of all this is my first time posting here although I’ve been reading for a while. I do apologise in advance as this is a bit of a confessional. Please believe me before reading,I know I’ve been an idiot,more than any of you could imagine.

 

Background first,I’m living in Asia now,ex UK resident. I’ve been living here for 10 and a half years now. Before this I was living in a shared house far away from my family home for 10 years. During that time I racked up quite a lot of debt,all of it unsecured. Long time ago now but under 2k on a credit card, under 1k on a store card & about 200 pounds left on an overdraft. I was paying it all off ok before I came out here but I hit problems just before I did. I hate myself for what I did but I ran away from the lot pretty much when I came out here. I wish I hadn't.

 

None of the companies pursued me at my family address (where I hadn't lived for 10 years,I left there as a student)-all of it took place while I lived away from home in the UK and the last address they would’ve had for me was the shared house I lived in,though I would’ve given them the family address as my last permanent address when I applied etc.

 

Only one company (the store card) contacted me at my family address by phone (I think the landlord probably gave them the number when they tried to contact me after I’d moved abroad)& my mother gave them my then address out here. I was contacted by a collection agency with offices here. Then I entered into a dialogue via email with them thinking I would try to solve it but long story short I didn't as I moved to another city where my expenses were much higher. I heard nothing more,nobody tried to trace me to my new address where I’ve been living for 9 years now.

 

None of the other creditors have so far tried to contact me at my family address but I know they must’ve done at the old shared house. They probably all took out CCJs against me there,I see no reason why they wouldn't have done.

 

Now last week my mum called me & said there was a letter addressed to me there from a PO box in Bristol which I just know is bad news. In a panic I just told her to send it on to me here. It should reach me in a day or so by my reckoning. She knows nothing about any of this & I’m so ashamed,I really think I need to sort this all out now.

 

I’m so WORRIED,what if the letter said collection agent or worse bailiff is going to call there? I just want to at least let them know where I am now I think. It really needs to be done. I can't check online for my credit files or even check online for CCJs as they need a card payment & one good thing about living here,I have no debt of that sort as it's hard to get them & besides I don't want them.

 

I know I can't do anything until I see that letter but my nerves are on edge. I deeply wish I’d done none of this. I’m sure I’ll be back posting here with bad news in the next day or so.

[cerberusalert]

If you haven't made a payment or a written acknowledgement of the debt for a clear period of six years (five if the debt originated in Scotland) it will be Statute Barred and they cannot take any enforcement.

 

No bailiff is going to turn up not even a DCA either.

 

Wait & see what the letter says. When it arrives update your thread & we'll advise on how to respond.

[dizzygirl26]

Thanks Cerberus,I’m just worried that if they have got a CCJ in the past at my old shared house address then it could be regarding some kind of visit to my old family address. It's scaring the life out of me,I’m sure I did a terrible day at work today. As I said I’m not even in a position to check my old records out as I have no credit card to use.

[cerberusalert]

Even if they did obtain a CCJ in the past if it is older than six years it is covered by s.24 of the Limitations Act where they have lost the right to take any enforcement. If it is younger than six years you can apply to have it set-aside as you never received the court documents.

 

Even thoough there are certain reciprocal agreements between numerous countries it is still not a simple matter of apply to that country for permission to enforce a CCJ. It is time consuming and expensive for the applicant & in the majority of cases unless the debt is high end (many tens of thousands of pounds) it is not economical to do so. Particularly if you have no assets or are not in a position to pay.

 

Debt collectors in the main are full of hot air & tend to threaten things they have either no intention of following through nor indeed the ability or capability to do.

 

As said earlier, wait and see what the letter actually says.

[cerberusalert]

Japan is not a signatory to the Foreign Judgments (Reciprocal Enforcement) Act 1933 so a debt collector cannot legally chase a UK debt there.

[dizzygirl26]

Thanks again Cerberus. I’ve no idea of the time frame that companies use before issuing CCJs but I guess if they've already pursued all other options it wouldn't be long. I can only hope that if they did then it was in 2006 or before then so it wouldn't be enforceable or whatever,sorry for being a pain if I’m using the wrong jargon.

[cerberusalert]

Thanks again Cerberus. I’ve no idea of the time frame that companies use before issuing CCJs

They have six years from the cause of action (from when you last made a payment or written acknowledgement of the debt).

I can only hope that if they did then it was in 2006 or before then so it wouldn't be enforceable ]

Even if they had one it is not enforceable in Japan & there right to take enforcement in the UK or other participating countries to the reciprocal agreements expires after six years from the date of the judgment.

 

Seriously, do not worry about something that will not or indeed cannot happen.

[dizzygirl26]

Aagh,I just spoke to my mum again & she asked me if I’d got the letter yet,as another one arrived today there looking like it's from the same place. I told her not to open it until I receive the first one,I know I know I have to wait & see what it says & all but I reckon I will ask her to send it back to them or something.

One thing on the timeframe,just to clarify,I left in 2002. If they got a CCJ against me then they would’ve had until 2008

,not 2006. Sorry that was my mistake with the dates there. This would mean that if they got one in 2008 it's not been 6 years since then. It sounds like an agency might be chasing up on it or something,2 letters from the same place a week apart. I just don't want anyone to keep sending letters to that address as it costs my mum money to keep on sending them to me here.

[renegadeimp]

Stop worrying. They are fishing and there is absolutely nothing they can do. Tell your mum to return all letters to sender and mark them "Person not known at this address". Cover the original address with a sticker and write over it.

 

Then if your mum gets any mail like that, tell her to bin it. All your debts, from your info, are statute barred and can never be collected upon. Ignore it, take a deep breath and get on with your life.

[dizzygirl26]

Thank you renegadeimp ( good name btw!) I just can't help being a worryhead with all this. I know it's hard to say but if they had CCJ’d me at my old address ( the shared house one where I was living until 2002 when I left) would this mean that these letters are chasing up on that? Again sorry for being a big old pain. I know you guys are taking time out to advise me on this. Hopefully the first letter should reach me tomorrow,I really want to get this cleared up.

[renegadeimp]

Even if they did ccj you, they cannot collect upon it at all. a court can allow it, but only in very very rare cases, and the criteria for that is rarely ever met.

 

What is happening is a bottom of the barrel DCA has bought your debt, they know its bad, but they try to scare, threaten and pressure you into paying, in an attempt to restart the debts life. As most debtors dont know the law, they think the DCA is well within their rights to do it and dont contest it, thats how the DCA's get away with it and make their money. Remember, the DCA's pay pennies in the pound for unenforceable debts totalling tens of thousands.

Edited September 11, 2012 by renegadeimp

[dizzygirl26]

I hope that's all it is really. But saying they had CCJd me in or before 2008,that would mean it's still open,as it wouldn't have been 6 years from then yet. So could they send people round to my mum’s address? I’m not sure yet which creditor it is but only one afaik so far would’ve known that I’d moved abroad. I didn't tell any of them I was going so I wonder if I’d have problems setting aside any judgments. My main worry is that if there is one & it's still active then they could be going the bailiff route to collect.

[renegadeimp]

Even if it was CCJ'd they cant chase you since you arent a resident of the UK or live in a country signed up to the appropriate treaties. It cant be levied on an address in the UK, because you dont live there, and any CCJ action would be levied unlawfully.

 

As i said, the DCA chasing you knows this, but thinks dogged persistence and continual harassment will pay off.

[unclebulgaria67]

I hope that's all it is really. But saying they had CCJd me in or before 2008,that would mean it's still open,as it wouldn't have been 6 years from then yet. So could they send people round to my mum’s address? I’m not sure yet which creditor it is but only one afaik so far would’ve known that I’d moved abroad. I didn't tell any of them I was going so I wonder if I’d have problems setting aside any judgments. My main worry is that if there is one & it's still active then they could be going the bailiff route to collect.

 

Think you are worrying over nothing here. When you get the letter, reply to these people by post from Japan, saying that you have been living there for over 10 years and have no wish to communicate with them regarding the matter they raise. You don't have to give your address in Japan.

 

If your parents receive any post, get them to return it marked not at this address. If they continue to be hassled, then they should write to the companies concerned to make a complaint. It is against the OFT's rules for them to communicate via a third party.

[dizzygirl26]

Thank you unclebulgaria. I wonder if it would do any harm to give them my address here though. Just to make sure everything comes to me. I have plenty of stuff to prove I have lived here at this address since 2003!

[cerberusalert]

It's all speculation at the minute, until you know what exactly the letter contains there is nothing you can do.

[dizzygirl26]

Letter didn't come today so I’m really hoping it does tomorrow. Post usually takes about 5 days or so to reach me. I was all psyched up to start dealing with it when I got home from work tonight too. What do you think I should do about the second one that arrived at the old address yesterday in the meantime? Get her to return it to sender now or wait?

[cerberusalert]

What do you think I should do about the second one that arrived at the old address yesterday in the meantime? Get her to return it to sender now or wait?

Wait & see what the first one says first. As I've said don't worry there is absolutely nothing they can do other than issue empty threats.

[cerberusalert]

Can't you get your mum to scan the letters & email them to you? It would save a lot of messing around.

[unclebulgaria67]

Letter didn't come today so I’m really hoping it does tomorrow. Post usually takes about 5 days or so to reach me. I was all psyched up to start dealing with it when I got home from work tonight too. What do you think I should do about the second one that arrived at the old address yesterday in the meantime? Get her to return it to sender now or wait?

 

Wait. Just keep it to one side.

 

In your first post you mentioned that creditors would have obtained CCJ's, as you could not see why they would not. Actually for most debts, they don't bother. It is a hassle for them, as they may have costs and then find out the debtor can only afford say a £1 a month. There is also the issue it causes them when the sell on the debt. Any new debt owner, should really ask the court to take over the debt and there would be a cost to this.

 

So in summary, you may find that no CCJ's were obtained. The debts have just been sold on and they are unenforceable.

[dizzygirl26]

About scanning: Not an option I’m afraid as she doesn't have a scanner & isn't very tech savvy. Besides I’d really rather her not open the letters just in case she has to send them back.

Unclebulgaria & Cerberus,thank you both again for being so patient with me on this.

I’ll hopefully be back with news of what the first letter says tomorrow around this time. It's already 8:30pm where I am!

Edited September 12, 2012 by dizzygirl26

[unclebulgaria67]

グッドナイト

 

Lets see if the Google translator works.

[dizzygirl26]

It worked but you should try using it for more complicated things,it makes you sound like an absolute loon…

[cerberusalert]

 

“And it’s goodnight from me…” “…And it’s goodnight from him.” “Goodnight!”

 

""そして、それは...私からおやすみだ "...そして、彼からそれおやすみ。" "グッドナイトは！"

[dizzygirl26]

Ahh,that has just made me smile. I hope I can sleep a bit easier than I have been doing. Just take a deep breath & wait to see what tomorrow’s post brings.