UK debt living abroad after 10 years. Feeling wretched.

[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.

[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

[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.

[renegadeimp]

I'd just like to echo what Cerberus has said. You are worrying over nothing. Nothing can happen and you won't be chased.

[renegadeimp]

The reason you are worried is because youve had no prior experience of this and no knowledge of what to do. We have and we can advise exactly what to do.

[renegadeimp]

Wouldnt matter if it was urgent UncleB. Theres absolutely nothing a creditor can do to enforce the debt. As mentioned a few times, the OP should push this issue completely out of their mind and get on enjoying their life.

[renegadeimp]

Its more than likely a fishing letter. Even when debts are no longer enforceable, you still get bottom of the barrel DCA's chancing their luck on an ill-informed debtor.

[renegadeimp]

It doesnt matter if they do try to collect. If it hsa been 6 years clear with no communication or enforcement attempts or payment, then UK law comes into play. And unless the creditor as a VERY good reason why they never attempted collection in 6 YEARS, then they wont get enforcement orders or an extension.

 

Again, i will re-iterate what is being said in this thread. You are worrying over nothing.

[renegadeimp]

Even if the 6 year period hasnt elapsed, theres nothing that can happen since you havent been a resident of the UK for years

[renegadeimp]

They wait so long, because its a bad debt. THe previous creditor knows this, so sells it to another DCA, who hopes that you dont realise the debt is bad and make some kind of payment towards it. THis then allows them to come at you full pelt as you have acknowledged the debt.

[renegadeimp]

They could do, but theres absolutely nothing they could do to chase you or force you to pay anything. It sounds like they dont beleive you have moved abroad. However, thats not your concern, and honestly, i think you should do what has been advised throught this thread. Tell the people in the UK who are receiving the letters, to mark them not known at this address, and to return to sender.

 

Then ignore anything they try to say or post to you, and get on with your life. Once they know you aren't a pushover or a potential cash cow, theyll soon give up and harass someone else.

[renegadeimp]

Addresses do not get blacklisted. Only people do. And after 6 years of no acknowledgement or payment, the debt is not enforceable by law, and you become "unblacklisted" in regards to that debt being attached to you.

 

 

As we have said all along, stop worrying, ignore them and get on with your life.

[renegadeimp]

I still do not understand why you are worrying over this? the debt/default/CCJ has expired and they cannot take any action. They are simply chancers pushing their luck and hoping you give in and pay them something, because they dont want to realise that theyve bough a bad debt.

[renegadeimp]

As i said, they are chancing their luck. The debt is unenforceable in law, but that wont stop them from trying to bully and harass someone into giving them money.

[renegadeimp]

They cant chase up the CCJ. You are no longer resident in the UK, and for them to challenge jurisdiction and gain enforcement orders after the amoutn of time that has passed, is impossible.

[renegadeimp]

Ok. Now we know they are simply fishing for info, or the hopes someone will bite and start paying.

 

If she gets anymore letters like that, simply write a full complaint headed to the company and advise them in no uncertain terms that the addressee does not reside there, and should any communication arrive, then legal action for harassment/stress will be considered. Thats usually enough to make them think twice. If they fail to understand that, get a complaint into the OFT, and perhaps issue them a lba, (Although i think the threat letter will do the trick well enough).

[renegadeimp]

Thats what DCA's do. They wear you down until you give in, as must people don't complain or know who to complain to.

[renegadeimp]

Ok. i think its time we gave you acute advice, as it seems you are still thinking they are within their rights to do what they are doing.

 

 

From this second onwards, should ANY mail come from them to your relatives house, get your relative to place a label over the address and mark it return to sender : Not known at this address. It may take a month or so for them to get the message, but they'll stop.

 

The reason they are still sending out letters is because they were fishing originally and by you or your relative replying, they think they have a bite. If you stop corresponding with them and just send the letters back, then theyll soon realise that you are the fish that got away, and theyll move on to another "fish". If they fail to do this, after a month or so, your relative then has just cause to start official complaints and possibly legal action against them.

 

Remember, most DCA's do not care about the law. They just want money.

 

Stop worrying, stop panicking. They cannot do ANYTHING to you at all, and its your relative that must follow the instructions given to be rid of them.

[renegadeimp]

You do know what to expect though. You know to expect that they cant and wont do anything. They have no legal remit to do so. We keep telling you this but for some reason you are still worrying. From now on, just ignore everything they send. Tell your relative to mark any post, return to sender. In a few weeks to a month or so, theyll give up. The reason they are still contacting you is because they think they are on to a cash cow, so theyre not going to give up. If you stop all contact, theyll send a couple of stronger worded threats and then move on to someone else.

[renegadeimp]

They wont send anyone around. You dont live there, so ANY and ALL court action would be rendered void, as they filed a claim against a non UK resident. Court rules state specifically that claims can only be made against a resident of England or Wales.

 

Again, you are worrying too much. You are thinking about "what ifs" and not what is actually happening right now.

 

If you are concerned about CCJ's etc, then go to http://www.trustonline.org.uk/ and check. If its not there, then theres NOTHING that can happen. If something is there and its close to or more than 6 years ago, then NOTHING can happen.

 

Also, why worry about what the DCA thinks. They have NO legal powers at all, and couldnt do anything, even if they did have. You are falling into their trap by believing what they are saying and doing, instead of actual law and regulation.

 

 

Don't take this the wrong way, but theres only so many ways we can actually tell you all this. I think it's time i dropped out of the thread now, as theres really nothing else i or anyone else can tell you.