Overseas debt with Barclays and 1st Direct. Barclays broke my agreement and sold my debt

[musemercy]

BANK - barclays & 1st credit

PROBLEM - Barclays sold my UK debt to 1st credit and I now live in Spain

INITIAL LOAN AMOUNT - £4900

AMOUNT OWED / REMAINING - £3509

LOAN START DATE - 10 FEB 2012

LOAN TERM - 60 months

LOAN MONTHLY REPAYMENT AMOUNT - £106 reduced to £5

COLATERAL - None

 

REF: Barclays sold my debt to 1st credit against our agreement when no payments where missed or late.

NB My situation can be classified under 3 forums and I have posted this message under 1st direct, barclays and debts abroad. My apologies for any confusion.

 

Hello Everyone,

I took a loan for a car in England to do my job as a support worker for children and adults with disabilities. The loan amount was £4900.

In December 2013 I went to live in Spain perminantly and do not have a source of regular income.

In August 2014 I was unable to continue repayments of £106 and agreed with Barclays bank by telephone to reduce my repayments to £5 per month for 12 months, to be reviewed 12 months later. I paid all these repayments fully and on time.

12 months later, in August 2015 I contacted barclays by telephone again and agreed to continue repayments of £5/month for another 12 months until August 2016. . I paid all these repayments fully and on time.

I received a letter on 12 November 2015 (dated September 2015) from Barclays stating that-

- they (Barclays) have "transferred the debt you owe us to a company called 1st Credit Ltd" and

- "1st Credit Ltd will contact you to complete an income and expediture review to see what you can afford to pay after a minimum of 3 months" and

- to cancel any standing orders to Barclays

 

 

I made a payment of £5 on 12th Nov 2015 online using the 1st Credit website.

I shall make another payment using the 1st credit website of £5 on the 3rd December 2015.

I will continue paying £5/month.

 

I would sincerely be grateful for advice and have some questions I would like ask:

* I have read on the internet that the UK is stopping people at airports from leaving the country and demanding repayment or prison. This frightens me because I am going to visit my family soon (they payed for my air tickets). Would this affect me?

* I live in Spain and do not have either a telephone number or a postal address so:

-how are 1st Credit going to telephone me to "agree a repayment plan"? - they only have my email address to which they have posted 2 messages, one as a payment confirmation of £5 and one as an "Introduction to 1st Credit". I have not posted any emails to 1st credit.

* Barclays sold the debt to 1st credit and broke the repayment agreement whilst it was still in effect. How do I stand in this situation when the agreement as made by telephone from Spain?

* I dont want to be bullied and put under mental stress by debt collectors. Will they try to chase me in Spain when I am continuing to make payments of £5/month?

* Will 1st credit chase my family or partner's family for repayments?

 

NOTES:

*I have limited communications and no motorised transport, so phone calls must be done by cycling to the nearest town.

*I cannot receive phonecalls. Internet / email communictions must also be done using an internet cafe in the town.

*I have absolutely no colateral, no vehicles, no property, no savings / investments, no jewelry and I am not married by english law to a person with any colateral.

Thank you all for your help. Love and Light.

[unclebulgaria67]

Not too much to worry about as consumer debt is purely a civil issue, so no stops at airports. That only happens in some Islamic countries such as Dubai.

 

Most Banks do not chase or service debts after a certain period. They simply remove them from their books and sell the debts on.

 

You must make sure 1st credit know you are permanently resident in Spain, as this prevents them getting a sneaky UK court judgement using your last known UK address. You do not have to supply 1st credit with full income & expenses if you don't want to. If you never intend on returning to the UK, it is your choice whether you maintain payments. Debts become unenforceable after 6 years of non payment, so continuing to pay money extends how long the debt is still live in regard to the courts.

 

Debt collectors don't take everyone to court in the UK and it is not very likely they would try to enforce in a Spanish court. Because you are resident in Spain, they would need to try to enforce in Spain, whuch could mean having to pass the debt on to another company that deals with debts in Spain.

 

They cannot chase any family or friends for this debt. They can only deal with you.

 

Most Banks do not chase or service debts after a certain period. They simply remove them from their books and sell the debts on.

 

You must make sure 1st credit know you are permanently resident in Spain, as this prevents them getting a sneaky UK court judgement using your last known UK address. You do not have to supply 1st credit with full income & expenses if you don't want to. If you never intend on returning to the UK, it is your choice whether you maintain payments. Debts become unenforceable after 6 years of non payment, so continuing to pay money extends how long the debt is still live in regard to the courts.

 

Debt collectors don't take everyone to court in the UK and it is not very likely they would try to enforce in a Spanish court. Because you are resident in Spain, they would need to try to enforce in Spain, whuch could mean having to pass the debt on to another company that deals with debts in Spain.

 

They cannot chase any family or friends for this debt. They can only deal with you.

[musemercy]

Thanks unclebulgaria. would it be wise to contact 1st credit letting them know about me living full time in spain by email or letter? I have no postal address so replies by letter would not reach me (is a reply email legally binding from 1st credit)

 

They also would want to know my address etc etc if I contact them, but I dont have one, would this be ok?

 

Love and Light

[unclebulgaria67]

Thanks unclebulgaria. would it be wise to contact 1st credit letting them know about me living full time in spain by email or letter? I have no postal address so replies by letter would not reach me (is a reply email legally binding from 1st credit)

 

They also would want to know my address etc etc if I contact them, but I dont have one, would this be ok?

 

Love and Light

 

You can send them an email first and see if you get a response.

 

You can go to the nearest Post Office to send a recorded letter, but they normally need your address, just in case the letter gets returned. In Spain local Post Offices offers a postal box service, where you can receive any letters and you could give the address of the post office box. But to get a post office box, there is a fee and you would need to confirm your identity, plus Spanish registration. Worth asking about. If you have a friend or neighbour with a post office box, you could use that. In rural Spain this is quite normal, as they don't have postman coming out to rural houses.

 

If you don't have a Spanish address, you cannot supply one.

[SabreSheep]

Duplicate thread deleted, please keep to one thread

[musemercy]

thanks uncle bulgaria for your positive useful advice

[unclebulgaria67]

thanks uncle bulgaria for your positive useful advice

 

Just try not to worry too much about things you cannot control. I have family in Spain and over the years they have seen many Brits move there to escape life in the UK. Once you have informed UK creditors of your position, move on and enjoy life in Spain.

[musemercy]

Hi and thanks again, can someone tell me what a "county court jugment on my last address" is in laymans terms, and what afffect that would have on me or the people now at that address?

 

thanks, Love & Light

[unclebulgaria67]

Hi and thanks again, can someone tell me what a "county court jugment on my last address" is in laymans terms, and what afffect that would have on me or the people now at that address?

 

thanks, Love & Light

 

Under the rules that apply a creditor can issue a court claim against a UK resident using the last known UK address. The CCJ would be against the person the court claim was issued against and relevant corrspondence would be sent to the address. In the event of non payment, the creditor might send an enforcement agent to the address to make enquiries.

 

The CCJ is against a person and not the address. It would not affect anyone else living at the address, other than the inconvenience of dealing with communications, which might include an agent visiting the address. The people living at the address should always return to sender any correspondence received, with a note applied that the addressee does not live at the address. So if they receive a court claim, it should be sent back to the court, so they can inform the claimant that the claim was not served.

 

Hence why it is sensible to make creditors aware you are not a UK resident

[musemercy]

thank you unclebulgaria,

 

I am going to write an emal 1st credit with a "return receipt" a letter saying i now live in spain.... can anyone see iff there is anything Ive missed out or could be altered please, your help is golden...

 

Re ref number######

Dear #######

I am emailing you as requested to inform you that I live permanently in Spain, I have no job, no vehicles, no savings or investments and no assets, but at present I am still able to continue to make the agreed payment of five pounds each month (to be reviewed again in August 2016).

I do not have a postal address or telephone so all contact needs to be by email.

Kind Regards

[unclebulgaria67]

thank you unclebulgaria,

 

I am going to write an emal 1st credit with a "return receipt" a letter saying i now live in spain.... can anyone see iff there is anything Ive missed out or could be altered please, your help is golden...

 

Re ref number######

Dear #######

I am emailing you as requested to inform you that I live permanently in Spain, I have no job, no vehicles, no savings or investments and no assets, but at present I am still able to continue to make the agreed payment of five pounds each month (to be reviewed again in August 2016).

I do not have a postal address or telephone so all contact needs to be by email.

Kind Regards

 

Ok, but how are you managing to make the payments. A question they might think of, if you have no job or savings. You don't have to explain this or provide any incomes/expenses details to them if they asked.

 

It is not a bad idea to make payments, if you intend on returning to the UK within 6 years, but remember it does extend the period in relation to statute barring under limitations act and if they will add any interest the £5 a month won't even cover the interest being added. When you did return to the UK, you have an increased debt and a longer period during which they could attempt enforcement via a court claim. It is for these reasons, that some people opt not to continue repayment.