UK debt while in New Zealand

[slinkyman]

Hi,

 

I tried posting this the other day with more details but it doesn't seem to have worked.

 

I'm hoping to find if anyone has avoided paying UK debt of approximately £30k whilst in New Zealand.

We were paying off a loan but can no longer keep up payments.

 

Can we declare bankruptcy or do we go down the ignore route?

The debt was paid by transfer from a UK based bank account, using mail redirect to my parents house.

We don't want any knuckle draggers appearing at out families door

(can see we have a linked address on Experian).

 

Any advice greatly appreciated.

 

Cheers

[dx100uk]

who have you been paying

and 

who was the org loan with?

 

there is little they can do, once you inform them you are no longer resident nor have assets in the uk.

 

any stupid DCA's are not bailiffs

and have ZERO legal powers.

 

dx

[slinkyman]

Hi DX,

 

So far we have been paying Tesco Bank back what was an unsecured home improvement loan.

Shortly after we got it we had job offers in New Zealand and made the jump.

Payments came out of our RBS account using transfer from our NZ account.

 

It's only recently we are unable to pay since one of us lost our job.

Next payment will be missed and we're wondering what the next step is.

 

As I say we would like to honour our debt but realistically we can't on one salary with the kids. 

I'm aware DCA are not bailiffs (think it's sheriff officers in Scotland) but I don't want our family hounded by them either.

 

Any further advice?

Cheers

[unclebulgaria67]

UK creditors have enough problems enforcing debt in the UK, so very unlikely to come after you in New Zealand.

 

But, if your circumstances change and you need return to the UK, you don't want to make life very difficult. 

 

You really need to write to UK creditors advising of your NZ address and of your current issues.  Do not admit to owing any debt, just advise that both parties to the financial agreement are now residents of NZ and that you are now struggling on one income, due to one losing a job.   Don't offer to make any repayments either.

 

If you don't advise that you are not a resident of the UK, you could end getting CCJ's, as they will use your last known UK addresses to gain them. 

 

If you google search bankruptcy from abroad, you will find details about this.  

[dx100uk]

Scotland even better.

bailiffs don't exist.

 

Tesco wont do anything tr

they'll sell it to a Debt buyer/DCA

once they see you are resident in NZ now

they know there is no hope.

 

insure you write to Tesco's and tell them you have emigrated.

giving your correct address.

 

if you wish tell them some brief sob story and that you might oneday resume payments.

 

oh and throw the morality card out the window!!

 

dx

 

 

 

 

[slinkyman]

Thanks for the help everyone. One last question from us. I've checked the loan documents and they mention using the laws of England and Wales in any dispute. Would this have a bearing on anything, especially since it was taken out while living in Scotland?

 

We're also curious how everyone knows this stuff? Have you been through something similar yourselves, or just legal eagles that know their stuff?

 

Cheers again for all the help.

[45002]

1 hour ago, dx100uk said:

Scotland even better.

bailiffs don't exist.

They just call them Sheriffs instead ....

 

 

 

 

 

[dx100uk]

no a sheriffs officer is not a bailiff, far worse with far more powers

but its all immaterial in this situation 

 

 

 

 

[slinkyman]

does the 3 years to stop bankruptcy proceedings start from the first day we arrived in NZ?

 

Any idea if Scottish law is the same

I tried to find out about sequestration (Scottish equivalent of bankruptcy)? 

 

Also has anyone had DCA approach them physically in NZ for UK debt?

If so how long before they left you alone? 

 

Cheers again

[dx100uk]

not sure why you are worrying about any of those

they are totally irrelevant to your situation.

 

no one can do anything to you in NZ.

 

if you WISH to do 'something' 

follow post 5 

 

[unclebulgaria67]

Believe you have 3 years to start bankruptcy from abroad, from the date you left the country concerned.

 

But not sure this is the best way to deal with this, as if you go down that route, it could affect you in New Zealand. ?  You would no doubt have to declare this in New Zealand and would the  NZ Government  decide to kick you out, if you were on a visa ?

 

There are companies who specialise in bankruptcy from abroad if you google search and they may  give you information on this to consider.

 

Writing the letters to UK creditor with proof of your NZ residence is your next step.

[slinkyman]

Sorry I should probably clarify the bankruptcy. I read on another post that once out of the UK a creditor had 3 years to make a debtor bankrupt. Someone mentioned that if can delay the creditors pursuit for over 3 years then they are no longer able to make the debtor bankrupt and so cannot make any claim on their assets overseas. We have no intention of declaring bankruptcy.

 

As for the DCA on doorstep we were hoping to find out worst case scenario if we had one appear at our door in NZ. I presume from some posts that eventually they stop even trying. We were hoping to find out when that point actually happens. 

Cheers

[dx100uk]

Doorsteppers are not bailiff s

zero legal powers

 

the worst case scenario is anything other that you are thinking of doing listed above by you..

bar

Writing to tesco where live now and ignoring tHem!!

you could seriously get fleeced if you dont!!

 

 

[unclebulgaria67]

As soon as you advise that you are not a resident of the UK, this will remove the option of them using your last known UK address to serve any Court claim. And this could include alternative service ( posting to address) of papers in regard bankruptcy, where they have not been able to serve you the papers in person.  

 

So not advising that that you have left the UK can make your position worse, as this may open up the possibility of a UK bankruptcy in absence following you abroad. New Zealand will come under the existing law relating to judgements in commonwealth countries courts, allowing the creditors to apply to Court in NZ to apply any UK court judgements.

 

Suggest you think about this carefully, before you decide to not advise UK creditors of your whereabouts, 

 

 

[slinkyman]

Thanks again for the help everyone. We haven't decided what route to take yet trying to figure out all the angles first. We're also going to see if we can take legal advice from a friend (solicitor) in UK and lawyer in NZ. 

 

We do appreciate you all taking the time to advise. Our current thinking is to do as suggested and tell them our situation and current address. It at least keeps the knuckle draggers from our families door. As everyone has said we are not wanting bankruptcy lodged against us. Suppose only time will tell now. 

 

Cheers

[dx100uk]

you don't need solicitors..

simply write to Tesco's.

you are seriously over complicating a very simple solution that will kill the debt dead 

[slinkyman]

Hey everyone.

Just to let you all know what we're doing.

 

After alot of reading and fretting we're doing what dx100uk has suggested.

We sent the letter yesterday detailing our new address in New Zealand and stating payments will no longer be made.

It's difficult to word a letter so as not to be taking responsibility for a debt when it is in fact our debt, but think we managed it.

Will bookmark this post and try to give updates as and when they happen.

 

We still have concerns regarding DCA appearing on our doorstep, and a kiwi DCA getting involved trying to get the money back but we don't tend to answer the door to unknowns anyway, so hopefully that will get rid of them and we won't hear anything further.

 

Cheers again for all the help.

[dx100uk]

a dca can't do nothing...they are not bailiffs

film them 

leave my property and don't comeback

do not engage..