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FAB / IDRWW (credit card)


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Hi All.

 

Firstly I want to pay tribute and saw a massive thank you to the regular posters / admins on this site. Really going above and beyond the call of duty and the help I’ve had - even from afar - has been invaluable.

 

I won’t bore you with details: my case isn’t different to any other. Made redundant in the pandemic and left without paying a £10k credit card. IDRWW have now been given access to my address and email (ignoring all). I’m still relatively young living back in Scotland with my parents with zero assets and if I’m honest I can’t be bothered with the constant hassle / the risk of having any kind of potential CCJ or court case down the line that could negatively affect my chances of ever getting a mortgage here.

 

Therefore my plans is to email every head honcho I can find directly at FAB and annoy them with my pleas for a payment plan. I was wondering if there was any legislation I might be able to include in my email now that I’m a UK resident protected by our laws that may entice them further in accepting say £100 per month for 5 years? I believe that if the court proceedings were to begin anyway - one of the mandates would be that everything is done to come to a reasonable and positive solution between the two parties outside of court?

 

Many thanks to one and all for your consideration and even your two cents if you have an opinion on the matter.

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UK Courts quite friendly to foreign debts being enforced here. 

 

So be careful in offering a repayment plan, as if your circumstances change, meaning you could no longer afford to pay, then you would be extending the time period in  regard to statute barring limitation on debt enforcement.  And you would have a track record of making repayments in the UK, which is you admitting responsibility for repaying the debt.

 

And what about the interest they would keep adding,  meaning that you repayments were not eating into the capital amount, but mostly covering interest charges.

 

My site colleague dx may reply later with his thoughts on this.

 

If I were in this position, I think I would purely write to the Bank with my UK address, I would not admit to the debt, but I would confirm my financial circumstances e.g  no assets, living with parents, no disposable income.   The Bank needs to have your UK address, as any decsion to issue a UK court claim will be theirs, so you need to ensure they always have an up to date address.

We could do with some help from you.

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pers i'd not bother....other than informing the OC of your present and correct address now and if you move around. there are no examples of any of these UAE debts going through the scottish court system i have ever found. probably because the rules in scotland regarding jurisdiction are somewhat comply compared to E&W.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Many thanks again to both.

 

@unclebulgaria67interest was something I did consider - however even if it was to develop into a court case - surely I’d have jurisdiction on my side or indeed a valid argument to pay back the original capital owed sans any interest accrued? 
 

@dx100ukI did see you refer to this point of the Scottish court system in an earlier post and this is duly noted.

 

My concern here is that I don’t want to be limited in my future plans to relocate to England and then worry about being under different jurisdiction.

 

Whilst I certainly haven’t read of them returning back once again at a later date to pursue a debt via a DCA they might have initially left - perhaps if / once they realised that I had changed address to the south of the border they could come after me on more favourable terms. Seems like a hassle to be watching my back for 15 years until it becomes SB.

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well if and when that comes to moving south then we'll see.

 

i don't think the antics of this UAE shame interest rate on debt has much traction once in court if things are defended properly esp if you front out the jurisdiction issues in E&W , the big hurdle is blocking their summary judgement attempts . it might be worthy to keep an open mind with starting some sort of dialogue directly with the bank, but safe to say, you are safe where you are to date, scotland is 3mts automatic residential status.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If the Bank were ever serious about collecting this debt and paid the right Solicitors to issue the Court claim, jurisdiction would not be a big issue.

 

The reality is that the current process is only a standard debt chasing one, with the aim to spend as little money as possible.  So any Court claim (outside of Scotland) issued is generic and they try to avoid it going too far if it will cost them more in legal fees.  So they love people moving address without telling the creditor as they can gain a default judgement using old UK address. And they try to go for summary judgement hoping the debtor takes not action to stop it.

 

If you really want to try to deal with the Bank write to them confirming address and circumstances,  asking what assistance they can offer that provides for an amicable resolution. See if they are willing to negotiate with you. But don't make any payment offer at this stage.

 

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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