Moving back to the UK

[jelena73]

Hi all,

 

I have been living in the Netherlands for four years and now in the process of sepearating from my husband - i left debt in the UK around 7k (bank overdraft, pay day companies) with the intention of repaying when i started living here, unfortunatley as my husand was out of work for much of the time i lived here i was unable to pay back. Can anyone please advise on the best way to tackle the situation. Thanks in advance.

[jelena73]

Hi, i thought i would get in touch as i am in a similar situation

- i am still living in NL and have debts of aprox 30k (mainly one bank loan)

i have tried to get into a debt management scheme but i cannot unless i get divorced,

 

i am in a catch 22 situation as i cannot afford to get divorced as i am having wage garnishements from one of my creditors.

I have just though about packing my bags and leaving but dont want to make the siutation even worse for myself.

 

Any advice would be greatfully received as this is causing me great stress.

 

Thanks in advance.

[unclebulgaria67]

If you are still resident in the Netherlands, you need to seek local debt advice, which is probably to make affordable repayments to each creditor, if the debts are still enforceable in a court. It is when you stop paying anything that enforcement action can follow.

[scousepie]

What I would do is go on line to say http://www.experian.co.uk or http://www.equifax.co.uk and get a credit report, it will cost you about £2.00, they email it to you a few days later, from that you will be able to work out what you owe and the default date of each item.. hope this helps.

[renegadeimp]

Id wait for them to contact you. Most of the debts will likely be close to being sb.

[jelena73]

Thanks both, what does SB mean?

[user2001]

Statute Barred (debt is not acknowledged / no payments made etc for a long period of time (6 years?) so that it is no longer enforceable)

[jelena73]

I have tried to get into a debt protection scheme but have to get divorced first but am not in a finacial position to do so, so am in a vicious circle! If i come back home to the UK how likely is it that the debts will catch up with me?

[unclebulgaria67]

I have tried to get into a debt protection scheme but have to get divorced first but am not in a finacial position to do so, so am in a vicious circle! If i come back home to the UK how likely is it that the debts will catch up with me?

 

They will eventually.

[jelena73]

Does anyone have any experience with this?

[sequenci]

Hello there,

 

I'm not sure you'll find anyone here with that experience. Is that where you are 'domiciled'?

[jelena73]

hi there thanks for the post - yes am domiciled here.

[sequenci]

This site generally covers England, Wales and Scotland. I think you may be better off finding a similar site (if there is one) that covers The Netherlands.

[gerson]

Hi,

 

Try looking here:

http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=3&cad=rja&sqi=2&ved=0CDoQFjAC&url=http%3A%2F%2Fwww.insol-europe.org%2Fdownload%2Ffile%2F827&ei=6wH6Uu2pE8bAtAbQlIDwCQ&usg=AFQjCNGYbHXK7cMy_0We9GlVMb-EPjatuA

 

Or the EXPAT forums, this one for example http://community.expatica.com/forums/topic/18289

 

Good luck and I hope all ends well for you

 

G

[unclebulgaria67]

Stepchange or bankruptcy from abroad can probably both tell you what the process would be and roughly how much it would cost you. You need to speak to people who actually deal with this on a day to day basis as things change. You need up to date knowledge and information specific to you.

[sequenci]

I doubt Stepchange will be able to advise on this, it's not within their remit.

[unclebulgaria67]

I doubt Stepchange will be able to advise on this, it's not within their remit.

 

I thought I read that Stepchange can refer people on to those that can help.

[sequenci]

I doubt they would be able to. This person needs to use the Dutch bankruptcy system. I doubt that SC would have anyone they could refer to for that.

[gerson]

A simple Google search for 'Personal bankruptcy Netherlands' will bring up several firms that the OP can contact directly

 

For example: http://www.kernkamp.nl/en/services/company-and-corporate-law/netherlands-bankruptcy-law/

 

I am not promoting this company nor vouching for their ability, this was one of the hits from Google - feel free to remove this link if against CAG rules

 

G

[unclebulgaria67]

I was thinking that this was UK debt and the person now lived in the Netherlands.

[sequenci]

I was thinking that this was UK debt and the person now lived in the Netherlands.

 

If they are domicilled in the Netherlands they'll need to become bankrupt over there. Bankruptcy is useful as doing so in foreign jurisdictions would still be recognised in other states/counties - especially in the EU.

 

The rules about the centre of main interests changed not long ago, they can be complicated - here's further information via the technical manual:

 

http://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch37-48/chapter41/part5/part%205.htm

[jelena73]

Hi all,

 

Like a number of you here i have go into some financial difficuly whilst living in the Netherlands,

 

 

i currently have a wage garnishment on my wages to pay off some of debt.

 

 

An An opportunity has come up to work for me to rellocate back home to the UK to work for the same company at their UK offices

(i work for a US company with offices in Amsterdam & London)

 

 

My question is can the wage garnishment be transferred to the UK

if in essence am working for the same employer?

 

 

Thanks in advance.

[unclebulgaria67]

I should imagine that the wage garnishment only applies in the Netherlands. The UK will be a different payroll and if you want to continue paying, you will have to set up a new arrangement, where you transfer money across yourself.

 

You should contact the creditors you hold the garnishment for to inform them that you will be moving to the UK. Therefore the current arrangement will be stopped and you will have to instead arrange to transfer a payment from the UK to maintain repayment.

[jelena73]

Hi all,

 

Im planning on moving back to the UK afer living in NL for 5 years - i have some debt issues where a debt management company have consolidted debt and are garnishing my wages on a montly basis until the debt is paid, i have around 25k left to repay. My question is can they take out a court order in the UK to garnsih my wages? I intend to pay the money back however they are currntly taking over 900 euros a month from my wages which has a big impact on qulaity of life. In essence really how to debt collectors enforce debt collection between EU countries?

[unclebulgaria67]

Read up on European Enforcement Orders that allow debts to be enforced cross borders within the EU. They can just make an application to a UK court using a UK address found for you and enforce the debt here, if you don't dispute it. Or if you don't tell them you are leaving Netherlands, they may get a Dutch court judgement, which can be transfered to UK court, once they have found you.

 

Think about options.

 

Stop paying, try to stay off radar in UK. Wait to be traced and come to an arrangement again that is affordable.

 

Tell them you are leaving Netherlands for voluntary work in Mongolia. May never return to Netherlands. If you have a lump sum to offer as a full and final settlement they might take it. Then you can move to UK without the debt catching up with you.

 

If you own any assets such as property, that will be a factor that will affect you. It is an asset they can go after if you don't pay or it will make offering reduced settlement payments less likely to be accepted.