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Hi

 

Just to summarise my situation I have debts back in the UK totalling about 30k, which is soon to get another healthy bump thanks to the reposession of my apartment.

 

It´s a mix of a little tax, council tax, service charges, overdraft and a few other odds and...

 

My mortgage, overdraft and one loan is all with HSBC. The od and loan are about 8k in total, the mortgage could be another issue so that one creditor will probably want about 23-30k when al said and done.

 

Now I have a few options. First is the obvious run back to England and go bankrupt. But I wonder if they will chase the debt, or if I can stare them down for a while whether they´ll accept a full and final settlement for much less? I´m wondering if they´ll sell it on rather than deal with the hassle and expense?

 

I could also feign complete ignorance and try and ignore it forever and hope it goes away. I´m leaning towards ignoring it for a while then doing the full and final offer for something like 5k. I can get help with that and all would be well with the world.

 

Also, the council tax bill is big, ridiculous really, like 3k. Would they chase me to Spain or can I leave that one dormant and again hope they sell it on and sell it on? If I ever come back, I could then offer them 20p in the pound when the others are sorted.

 

Of course I wouldn´t mind walking away from the lot, so if you have experience of this working then please let me know! But I´m looking at more at ádvantageous debt negotiation´by just being difficult to find, in Spain and generally an inconvenience.

 

Would love to know your thoughts!

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When was the last payment made to the overdraft and loan after 6 years it would become statue barred

it may be full of charges that can be reclaimed

 

mortgage shortfall is 12 years before statue barred

 

Council tax they will have a liability order that will never become statue barred or go away until it is paid off


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Thanks for the speedy response! The mortgage, the last payment on it was about nine months ago so no chance of going for that one for a while. I think the full and final will be the most fruitful approach in the end, but I´m guessing and stressed so could be wrong! I thought if I disappeared on them for a while then any money is better than none, and it´s not like I have lots.

 

The Council Tax, well to make a long story short I wasn´t living in the place for years. Any idea if I can negotiate a settlement figure based on the fact I have categorically used zero council services for as long as I can remember? Probably not, but at least if I can sort the debts into two piles of negotiable and non-negotiable I can figure out what to do with it.

 

Also, although the Council Tax won´t go away, will they chase overseas? And are they likely to pick me up going in to the country if I fly in for a visit?

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For backdating of council tax benefit or to claim it was not owed due to unnoccupancy, councils will only normally look back 6 months. Even then it is discretionary. Councils are struggling for money, so it might be difficult and if you fail they will have your address, wanting the full amount outstanding to be paid. If you have been out of the UK for 2 years or more, you would not qualify for any UK benefits for 6 months. You may therefore opt to remain in Spain and see what help you can get locally. I spoke to someone the other day who works for the DWP and she said that they are having Brits coming back wanting to claim for benefits on a daily basis. It is then up to DWP to see if they can help or whether the people have to wait.

 

In your situation, if you have no assets and any employment is not affected by bankruptcy, then you should consider whether this is the best option for you. You would have to find the fee to do it and be able to sit down in the UK with an insolvency practioner, as well as the court insolvency adminstrator when it goes through. If you have an appartment in Spain you are about to have repossessed, you can include the relevant debt in a UK bankruptcy and they cannot then enforce the debt in the UK. You can also look to go bankrupt in Spain and include your UK debts. But you would have to look into how this works.


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UK debts can be enforced in Spain and any other EU country. But it can be sometime before they catch up with you and they do not always follow through by making the relevant court claims. You can return to the UK for visits and it won't be a problem. With outstanding debts, as soon as your credit record has your latest UK address, they will all be after you.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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UK debts can be enforced in Spain and any other EU country. But it can be sometime before they catch up with you and they do not always follow through by making the relevant court claims. You can return to the UK for visits and it won't be a problem. With outstanding debts, as soon as your credit record has your latest UK address, they will all be after you.

 

 

Thanks for this, it´s kind of what I´m after! I do kind of want to settle up my debts as best I can and if they take the time to find me then I can offer them a percentage and hope that dissuades them from court action. HSBC will be in to me for about 30K when all said and done. Anybody have experience of offering a fraction of the final amount when they finally catch up?

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I have one other small problem, too. I need to apply for a replacement driving licence, of course this needs to go to a UK address. Will this trigger visits from DCAs if I send one to a friend´s house?

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I have one other small problem, too. I need to apply for a replacement driving licence, of course this needs to go to a UK address. Will this trigger visits from DCAs if I send one to a friend´s house?

 

No. :)


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No. :)

 

Thanks Cerberus is a big weight off my mind. Funny thing is two weeks ago I was doing the whole rocking and weeping gently thing. Now, even though the situation is technically worse, I´m breathing again. Good to know so many other people have had the same things go on! So I genuinely could cut my debts down to near zero and start again! Beats bankruptcy!

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