Debts in Switzerland but have to return to UK for new job

[dc-mjs]

Hello,

 

I really hope that you might be able to offer be some advice. I am at

my wits end and don't know what to do.

 

I am British and had been living and working in Switzerland for nearly

six years when I lost my job in September last year after a prolonged

period of illness. I was in a good financial footing with no

outstanding debts over here. After I lost my job, it was expected that

I would have been eligible for Swiss unemployment support, which is

very generous. However, I have been refused unemployment payments and

so for the past year have been existing on very little. This has meant

that many things, such as health insurance, have not been paid and now

I have multiple outstanding demands (poursuites) against me with a threat to be

taken to the authorities by the police if I do not present myself to

them by the 4th October. I haven't helped myself as in the depths of

depression I have not opened mail.

 

Now, finally, after a year, I have been offered a good

job back home in the UK. This now presents me with a huge problem

because if I return to the UK for the job, I feel like I would be seen

to be running away and some kind of criminal pursuit would follow me.

 

I am just so afraid of coming back to the UK

and what would be the consequences of leaving Switzerland with all

these outstanding debts. Would this make me a criminal and how would

this be viewed by the UK authorities.

 

I don't know if you will be in any position to offer advice on this. I

just felt I had to try because I am panicking and not really rational

at the moment with every waking moment full of fear.

[unclebulgaria67]

What you have to do is STOP thinking about 'what ifs'. The positive is you have been offered a job in the UK and can start living again. Debt is normally a civil matter and therefore there is nothing to worry about. It is only state taxes and any other compulsory state related requirements that would be considered criminal. e.g in the UK you could go to Prison if you did not pay Council Tax and refused to comply with court orders for payment or enforcement. What you should do is visit your nearest court and ask for help. Take any paperwork with you that would help. I am sure that if you explain your circumstances, that you can come to an arrangement or a halt to proceedings. I suspect that the threats (poursuites) could be related to a contempt of court and that they just want you to attend to explain your circumstances. If you visit the court, then this should stop matters getting worse. If you need help, are there any local advice centres that can represent you. Once you are in the UK, you can then start earning and arrange to pay what you can afford towards your debts in Switzerland. I think for the Swiss companies to enforce the debt in the UK, they would need to get a court judgement in Switzerland and then appy to a UK court to enforce in the UK. If you come to an arrangement with the Swiss companies over a period of time, then this would stop the courts involvement.

[cerberusalert]

I have multiple outstanding demands (poursuites) against me with a threat to be

taken to the authorities by the police if I do not present myself to

them by the 4th October.

 

I don't quite understand, normally debts are a civil matter not a criminal one. Are these government debts?

 

I am just so afraid of coming back to the UK

and what would be the consequences of leaving Switzerland with all

these outstanding debts.

It won't prevent you entering the UK, the worse that can happen is that a debt collector will try and pursue if they know where to contact you & they know that you have returned to the UK.

[dc-mjs]

Thanks very much for your replies.

 

I think the threat of the police is because the poursuites were not received by me -- that is to say that as I have not been picking up mail, the registered deliveries were unable to be made and so the authorities want to ensure the poursuites have been served.

 

As far as I understand, the demands will be for unpaid health insurance, car insurance, electricity and telephone. Friends and family are saying I should just leave immediately, leaving everything except essentials behind, which I initially thought I would do, but now faced with doing it, I am gripped with fear and don't know what to do next. I understand that sooner or later everything will catch up with me, but at the moment I am frozen and just don't know what to do.

[unclebulgaria67]

So the debts are purely civil and the threats are rubbish. If you have the post and it is unopened, just put it back in the post box, as return to sender.Just leave the country, as you will better in the UK with friends and family.

[cerberusalert]

The term poursuites can be used in both civil & criminal proceedings but basically just means pursuit. As I said it's a civil matter & if it's a Swiss DCA that is threatening police action I think they are trying to intimidate you, either that or you missed something in the translation because it depends in what context the word poursuites is used, see; http://dictionary.reverso.net/french-english/poursuites

[dc-mjs]

The system in Switzerland for debts is that if you do not pay a final demand for a bill on time, it then goes to the Office of Poursuites who then issue a demand for the money plus costs. The Office of Poursuites is county-level agency, so not a debt collection agency, but run by the state. If the demand is not satisfied within the given deadline then I'm not sure what happens next, though I think it may be the bailifs being sent round.

[unclebulgaria67]

The system in Switzerland for debts is that if you do not pay a final demand for a bill on time, it then goes to the Office of Poursuites who then issue a demand for the money plus costs. The Office of Poursuites is county-level agency, so not a debt collection agency, but run by the state. If the demand is not satisfied within the given deadline then I'm not sure what happens next, though I think it may be the bailifs being sent round.

 

If you don't have any reason to be in Switzerland and have no healthcare etc. I would suggest that you leave asap.

[dc-mjs]

Thanks very much for your replies. It looks as though I don't have any option. It's all very scary, but I understand what you are saying to me. I really don't have a reason to stay -- no job, no family local, no friends local. I really do appreciate the time you've taken to reply to me.

[cerberusalert]

http://en.wikipedia.org/wiki/Insolvency_law_of_Switzerland

[cerberusalert]

Reading the article above when they refer to arrest it means the arrest of goods not you as a person.

[dc-mjs]

Thanks very much for the time and effort you have spent on this.It's clear I have to return to the UK and deal with things if and when they come to me.

[krios]

From personal experiance of Swiss debt, i left the country owing quite a bit and never heard anything at all from Switzerland. In fact i even went back there for six months work a year later and still heard nothing then or after.

I cant say for sure but from what i know about the Swiss they wont chase too hard. They probably hold funds of yours in the AVS (state) pension if they really want to play hard ball

[dc-mjs]

Thanks for that. Deep down I know I have to deal with the debt once I am back in the UK, but this thread has allowed me to feel that at least I might have a bit of breathing space.