In Oz but now Need to Back to UK (with CC Debt)

[Oznewlife]

Hi Everyone,

 

A few years ago we used this site to get advise and we are now back again as we have had some developments. Long story short. We have been in Australia 4 + years. 1st 2 years we paid our CC's religiously. We had about 4 cards with 50k on debt. We then decided to default to ensure we could survive and start again in Australia. We advised the CC companies we were in australia, used PO Boxes and we've received lots of letter and threats ever since from them and debt collection agencies but ignored them.

 

As always the way our circumstances are changing again. Our oldest son has decided to back to the UK for university and I have an offer of a job with by current company back in the UK.

 

Our initial thinking was that we'd stay in Australia forever and the debts would become Statued Barred eventually in the UK. If we were to back we'd need to go back in February by which time we will have defaulted by 2.5 years.

 

Question is what will happen to us when / if we go back ? Is there any way we can stay under the radar so to speak if as we'll be in a different part of the UK / Could we be economical with the truth about our last addresses etc ? or is it a case of being tracked as soon as we open a bank account ?

 

As they say what comes around goes around but it was the right decision for the family at the time so please don't judge us !!

 

Would there be an option to settle at a reduced rate and if we did would we still not be able to get credit and how long would we be blacklisted for ?

 

Any help would be appreciated from those who have been in this situation as this is major for our family and causing a great deal of worry and stress.

 

Thank You

[cerberusalert]

It is nigh on impossible to stay 'under the radar'. Whenever you ask for any form of credit you are usually asked your addresses for the previous five years & even registering to vote puts you on a list that's obtainable to tracing companies etc.

 

It is likely that you are registered on the GAIN register here which basically means your credit file is marked as 'Gone Away' & if you apply for a bank a/c, mobile 'phone contract or even utility services it may be flagged if they can associate your new application to an old UK address.

 

Would there be an option to settle at a reduced rate and if we did would we still not be able to get credit and how long would we be blacklisted for ?

There is always that option & even if a creditor refused and applied for a CCJ a judge can be asked to look at your circumstances and order repayment terms which are affordable to you, which could be as low as £1 per month.

 

There isn't such a thing as a 'blacklist', credit is offered on a case by case basis depending on your credit rating. The worse the rating means that you can usually only obtain credit which attracts high interest. Defaults remain on your credit file for six years.

 

If you do come back and they do trace you within the six years from when you last made payment there is nothing to stop you invoking your legal right to obtain a copy of the original agreements & sending your creditors a SAR with the view to reclaiming any unfair charges they may have made or any PPI which may have been added to the a/cs.

[unclebulgaria67]

If you have any spare money have you thought about offering 'without predjudice' full & final settlements. If they think you will be in OZ for the rest of your lifes, they might be willing to accept a fairly low percentage. I am just thinking that if they agreed to write off the debt for an F&F offer, then you could come back to the UK with a clean credit record and there is nothing they could do about it.

[Oznewlife]

Thanks for responses ! Much Appreciated.

 

So Is there not a way not to refer to an old UK address ? I know it's dishonest by say that I've been in Aus for 5 + years ?

 

What can I expect when I go back ... will I be harassed by CC companies or debt collection agencies or should I contact them now to discuss options ?

 

Can they take me to court (CCJ) after all this time ?

 

Sorry but we are worried now ... we know it's our own fault but would prefer to be prepared for what is going to happen to us.

 

Thank You

[cerberusalert]

Well if you've been in Oz for nearly five years, by the time you return to the UK it will be the five year mark so you wouldn't be deceitful or dishonest by not giving anyone any other address.

 

Your creditors can only mark your credit file for six years & then any defaults will drop off. Generally a default is registered within 6 months of the a/c becoming delinquent.

 

Can they take me to court (CCJ) after all this time ?

They have six years from the a/c becoming delinquent.

[unclebulgaria67]

You should check to see if any CCJ's have been obtained by default in your absence.

 

http://www.trustonline.org.uk/

[Oznewlife]

I advised them that i was in Oz very early on and on the advise ensured my m,ail was sent to a local Australian PO box so I havn't seen anything on CCJ's only threatening letters from debt collectors and the CC Co's

 

Wouldn't doing a check alert them also ?

[unclebulgaria67]

I advised them that i was in Oz very early on and on the advise ensured my m,ail was sent to a local Australian PO box so I havn't seen anything on CCJ's only threatening letters from debt collectors and the CC Co's

 

Wouldn't doing a check alert them also ?

 

No. Using Trustonline is safe to use as it is linked only to the courts system, but they do charge a fee for checking.

 

There may not be any CCJ's on your record, but I think it is worth checking, but this is your call. It is not unknown for debt companies to obtain CCJ's in peoples absence, even if they did know they were abroad. These days they can use the MCOL (online) through the Northampton bulk centre, with the court sending the claim form to your last known UK address.

 

If you find that a CCJ has been obtained in your absence then you can apply to have it set aside, when you return to the UK.

 

When you return to the UK, you cannot really avoid something being recorded on your credit record, which will show your new address. Debt companies appear to have some way of finding out changes to credit records, so they will be in contact with you pretty quickly. You may therefore want to check your debt position before you return. You can apply for your UK credit record to be sent to you abroad. Experian can do this, after sending you a form, which you have to send back with some identification.