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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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Left UK with debt and move to Asia

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Hi everyone, I am new to this forum and really looking for some help with my issue with debt.

 

I am a non-resident in UK and now return to my home in Asia

have a debt owing in the UK (1500 pounds before interest added),

one is payday 300 pounds (I repaid once but I did not have any money afterwards for repayment) and

one is the bank HSBC 1200 pounds (overdraft).

 

I left UK 2 years ago

didn't have any telephone contact or address left.

 

 

I only rented a place for living before.

Even though they keep sending the email, I don't have a bank account or money for the repayment.

 

However, about 4 days ago, I received another email saying there's a debt collector is going to follow my case.

I actually disabled the email before I left as well. (it's a transfer service)

I don't think I will return to UK but may visit UK as a tourist next year.

 

I know I have to repay my debts but I really have no extra money in my pocket and no bank account in UK for transfer.

Will I be in trouble or will the debt collect take action on me please?

 

Thanks for your help.

 

Oh also.. I have a HSBC account where I am living now too.. Will the HSBC in UK find out and get me here please?

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Your HSBC account is the biggest concern for you.

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Visiting the K will affect nothing being in debt is no a crime.

 

HSBC could given time I guess trace you to Asia via the accounts and pursue you there.


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But how should I pay to HSBC in UK and recover the overdraft when I don't have a bank account in UK anymore?

 

 

I know I am such an idiot with leaving the debt behind for so long and really would like to start my new life again without any debts...

 

should I repay the payday loan as well?

I knew they are the vampires...

I am too scared if I have to pay over 4500% interest for every month

(It's almost 24 months since my last payment to payday was made...)

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But how should I pay to HSBC in UK and recover the overdraft when I don't have a bank account in UK anymore? I know I am such an idiot with leaving the debt behind for so long and really would like to start my new life again without any debts...

 

So should I repay the payday loan as well? I knew they are the vampires... I am too scared if I have to pay over 4500% interest for every month (It's almost 24 months since my last payment to payday was made...)

 

PDL are my speciality here... Mainly ^__^

Who was it with?

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PDL are my speciality here... Mainly ^__^

Who was it with?

 

It was payday UK (as I remembered).

About 2 years ago, they suddenly gave me a call and asked for details bla bla bla...

'How to get some money today' was in my brain at that moment..

I was being trapped within this mess.

I don't think they can take any money out from my account anymore because it reached the limit of overdraft from HSBC (that's why I was in another trouble).

 

I was too scary and didn't know what to do by that time so I left UK.

 

The thing is... I am living abroad with no UK bank account at all.

( I couldn't access to my HSBC online bank after few months..)

 

I seriously don't know what to do now..

. I am scared they will find me here as I don't want my family being disturbed..

 

At the same time, I wish there's a way to pay them back..

 

Arr.. just one more thing.

.. I don't have the contact from payday uk with me anymore.

..I keep searching today online and try to find a solution of paying the debts back but couldn't find anything helpful.

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Arr.. just one more thing... I don't have the contact from payday uk with me anymore...I keep searching today online and try to find a solution of paying the debts back but couldn't find anything helpful.

 

Stop worrying about these debts. They will only be an issue, if you decided to become resident in the UK again. The debts are purely in the UK and it would not be very easy to enforce these outside of the UK.

 

As has been said, debts are a civil issue only and are not in any way a criminal issue. Don't feel too sorry for the bank and loan company, as they would have used the loss against tax liability. Plus they will sell on the debt at some point to a UK debt collection agency. When any bank or loan company loans anyone any money, they factor in that a percentage of loans will never be repaid.


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Whilst CAG doesn't condone debt avoidance, I rather suspect you are worrying unnecessarily.

 

You were renting property in the UK, so any mail that goes to that address, will either be returned to sender or if you left a forwarding address, someone might redirect the mail.

 

I doubt very much HSBC are putting any effort into matching account openings in Asia with account closures in the UK - they will almost certainly offload the debt to a DCA who will make attempts to recover the debt, but when faced with the fact that you are no longer contactable will eventually give up.

 

You say you have received email - I would either ignore it or advise them that you are now no longer living in the UK - Who was the email from, HSBC or the PDL ?

 

Unless you are planning to return to the UK anytime soon, then I think you should get on with your life.


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I didn't give any new address after I removed from UK and all telephone contact, including landline or mobile has been cut already.

I knew they kept calling because there's over 100 messages left on the mobile.

 

There are 2 emails I received

- one is from a debt collector agency saying they gave my case to another debt collector agency.

 

 

Another one is from the new debt collector agency which gives me a link saying

"if you would like to reduce the debt now, click here"

Of course, I didn't click any link from those emails.

So I assumed they are from PDL.

 

I don't think I will return to UK in next at least 10 years time.

Thank you very much for your advice.

 

Thank you very much for your advice.

Actually I almost forgot the mess I left in UK until I received an email from the debt collection last Friday.

 

 

As I tried very hard to build my life again in these 2 years and I just noticed this nightmare is back.

 

 

I am really worrying that the HSBC UK will find out I have a local HSBC account and my family will be threaten by the debt collector here.

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Do you have to stay with the local HSBC Bank? move on to another one?


:mad2::-x:jaw::sad:

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Do you have to stay with the local HSBC Bank? move on to another one?

 

It's a long story

... I have this local HSBC account since I was a child and actually my mum is helping me handling this account.

 

 

After I moved back, what I do every month is working and get paid into this account then transfer 3 quarters of my earning to my parents.

 

 

The remaining balance is only enough for my basic living..

If I opened another bank account then my parents will definitely find out my mess.

 

 

I really cannot let them heartbreak again as there was another sad story before I left UK and that was the reason I got into these troubles...

 

Do you have to stay with the local HSBC Bank? move on to another one?

 

If I am living alone then I think I can control my financial situation but I couldn't afford to move out from my family because I only have a quarter of my earning each month (which is like £400).

 

 

I try to save every penny I am having and just would like to start my life again :/ I seriously don't know what I should do T^T

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I would not worry too much. HSBC is a massive bank and they have enough to do without chasing people around the world about a UK debt. All the will do is pass it on to a debt collection agency who will try to trace you in the UK, as they will only look at UK records. If they were told where you were living abroad, they might then contact you to see whether you wanted to pay anything. But they won't take it any further.

 

If I were in your situation, I would ignore any communications about these debt and get on with my life. Only if you received any court papers from your local Asian court should you then deal with it, but that is pretty unlikely.


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Here's my old thread (I forgot my previous register details so I created a new account)

 

/showthread.php?398275-Left-UK-with-debt-and-move-to-Asia

 

When I thought I can have my debt time barred if they couldn't contact me for likely 2 more years, then a bomb dropped

 

...There's a debt collector letter mailed to my sister address yesterday!

 

My sister applied for a credit card recently

the bank requested the living address for previous 5 years.

 

she gave them 1 address that I lived together with her 4 years ago.

Then the problem occurred

 

. We have the same middle name and surname

 

. I don't know how the debt collector works but they sent a debt collector letter with the middle name and surname only.

 

My sister never has a bank account with HSBC and never in debt.

 

(after my lesson...)They are now requesting her to pay off the debt within 10 days or there is further recovery action.

 

What should I do now please?

 

Because of the same middle and surname,

I think it's hard to let the debt collector stay away from my sister at all...

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Simple answer. Tell them they have the wrong person and that the FCA are being notified.

 

THey know they have the wron person but they dont care. They just want to get their grubby hands on money,

 

Which DCA is it.


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Thank you for your reply.

 

It's Wescot. They sent 2 letters already. 1 letter states as 'we found you'. 1 letter says they represent HSBC... My concern is the Payday loan. I don't know how much interest they would add on top of it if they think they find me.

 

I tried to search if I have the CCJ. But the website keeps saying - wrong address...

 

I am now really worrying if it will affect my sister's credit report. She just got her permanent citizenship and trying to get her mortgage done. Her score is 997 at the moment.

 

As I known, even if I am going to pay now, they will put this in the credit report for 2 years. What if they put this record into my sister's credit report instead. I really don't mind if they said my score is 0...

Edited by yooyooyoo123

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Here's my old thread (I forgot my previous register details so I created a new account)

 

/showthread.php?398275-Left-UK-with-debt-and-move-to-Asia

 

When I thought I can have my debt time barred if they couldn't contact me for likely 2 more years, then a bomb dropped...There's a debt collector letter mailed to my sister address yesterday!

 

My sister applied for a credit card recently and the bank requested the living address for previous 5 years. So she gave them 1 address that I lived together with her 4 years ago. Then the problem occurred. We have the same middle name and surname. I don't know how the debt collector works but they sent a debt collector letter with the middle name and surname only. My sister never has a bank account with HSBC and never in debt. (after my lesson...)They are now requesting her to pay off the debt within 10 days or there is further recovery action.

 

What should I do now please? Because of the same middle and surname, I think it's hard to let the debt collector stay away from my sister at all...

 

Quite easy for your Sister to resolve. She just writes back saying that they have traced the wrong person, as she has never had any account with HSBC. If she advises them of her full name and suggests they check with HSBC, they should check this and stop writing.

 

If they continue writing to her, she should make a formal complaint in writing and can if necessary involve the FOS.

 

This should not worry you. Have you written to HSBC to tell them you were not in the UK ?

 

Thank you for your reply.

 

It's Wescot. They sent 2 letters already. 1 letter states as 'we found you'. 1 letter says they represent HSBC... My concern is the Payday loan. I don't know how much interest they would add on top of it if they think they find me.

 

I tried to search if I have the CCJ. But the website keeps saying - wrong address...

 

I am now really worrying if it will affect my sister's credit report. She just got her permanent citizenship and trying to get her mortgage done. Her score is 997 at the moment.

 

As I known, even if I am going to pay now, they will put this in the credit report for 2 years. What if they put this record into my sister's credit report instead. I really don't mind if they said my score is 0...

 

Won't affect your Sister, as they should only be looking at your credit record. The reason your Sister came up on the records search, is that the address was matched for the same period. Therefore they have sent a letter to this new address, thinking that the debtor has moved to this new address.


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I didn't leave any details when I left UK. Never written to HSBC or anyone about my new address. I am quite surprise they will use my sister's details to track me down though.

 

I lived with my sister for 2 years before I left (like 4 years ago). And that address has been using for the Payday loan and it's my last address with HSBC.

 

Then I left UK and my sister moved on with her life. She only gave Barclays that address when she applied for her credit card few months ago. I guessed the DCA thought my sister were me because we have the same middle name and surname.

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I live in SE Asia. Be aware that HSBC will chase you in Asia. Thier HQ is in Singapore and after reading a few post on a local help forum they will take you to court under English and Welsh law. Can't guarantee the help forum is 100% though

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I didn't leave any details when I left UK. Never written to HSBC or anyone about my new address. I am quite surprise they will use my sister's details to track me down though.

 

They should not access your Sisters data, as they don't have any consent to do that. I think what happens is that when searching under your data record, is that a match has come up for a person at the same address, who has moved to a new address. Under your record they then think it is possible you have moved to this new address. You have never written to HSBC to advise them you have moved to Asia.

 

Your Sister should wrote back as advised. You might also wish to think about writing to HSBC registering that you are now based in Asia. They can write to you in Asia chasing the debt, but it is pretty unlikely you will ever be taken to court in Asia relating to a UK debt. If you don't write to HSBC, at some point it is possible that a UK debt owner could obtain a UK court judgement using your last known UK address. It depends on whether you are bothered about a UK court judgement, as you have UK assets or intend coming back to the UK. Whilst it is possible to transfer a UK court judgement to Asia, it is very unlikely.


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Thanks for your advice. I am going to pay back HSBC soon or later this year even I have no asset or intent going back to the UK. If I write directly to HSBC now, will they add up all the interest/charges though :/

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Thanks for your advice. I am going to pay back HSBC soon or later this year even I have no asset or intent going back to the UK. If I write directly to HSBC now, will they add up all the interest/charges though :/

 

HSBC will have been adding interest and charges, so the debt will be more than what you left behind.

 

Up to you whether you write to HSBC and obtain details from them. You might be able to settle the debt for a reduced full and final settlement amount, which could be less than the original debt amount. Quite often creditors will accept a reduced settlement, particularly when the debtor has gone abroad making it very difficult to enforce the debt.


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Oh ok. My other concern is - what if I settled the HSBC this time, will the payday track me down? In fact, I forgot how much I owned them . I only remembered I paid one installment before I left. I even forgot how much I borrowed. Maybe around 300.

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Oh ok. My other concern is - what if I settled the HSBC this time, will the payday track me down? In fact, I forgot how much I owned them . I only remembered I paid one installment before I left. I even forgot how much I borrowed. Maybe around 300.

 

Pretty unlikely. Creditors don't seem to like noting foreign addresses on credit records, therefore the payday loan debt owner won't know your Asian address.

 

What appears to happen with Payday loans is that the Payday loan company does not bother chasing after a short period. The debt is simply passed on or sold for a DCA to chase. They are probably still writing to your old address, but might write to your Sisters address if they find it through the same searches


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Great help! I will wait then :) I can run but I can't hide. Time to pay back all my debts. At least, I am capable of paying now.

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Why?

Ignore them

Stuff all they can do to you or anyone else


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