Guest southofriver Posted August 12, 2012 Share Posted August 12, 2012 Hello - I'm sorry that my second post has to be so complex but I found this site as I am in need of some advice please. I'm in a spot of financial difficulty and I'm not sleeping too well. Please don't judge...I will explain. I left the UK 5 years ago and bought with me two credit cards with combined 7000 pounds of debt. Over the past 4 1/2 years I have been paying them off and the current balance is now around 5000 combined. 6 months ago my financial situation here changed and I have not been able to make the payments. I have buried my head in the sand I guess and been ignoring letters and phone calls from them, stupidly I guess hoping the situation would go away. (we all know it wont) Yesterday I got an email from my mother in the UK with a scanned letter addressed to me at her address from a debt collection agency in the UK saying they have me listed at that address and if I'm not she has to contact them and tell them or they will assume I am living there. OK so now I'm getting no less than I deserve in terms of embarrassment and humiliation with my mother knowing I am being chased by a debt collecting agency in the UK. I have emailed the company saying I believe they are trying to contact me so I expect to hear from them tomorrow. I'm scared. I don't want them to keep hassling my mother (apart from the embarrassment) it's my problem which I am going to have to face but I am now struggling to keep our heads above water here and I don't think I can cope with the prospect of these people knocking on my door in Australia. Does anyone have any words of advice on how I handle this situation please? Link to comment Share on other sites More sharing options...
starlight7 Posted August 12, 2012 Share Posted August 12, 2012 The only advice I would have would be to pay them even if it is only a small amount. Can you sell anything to raise money and help pay off your debt? Explain the situation to them at least and maybe you could come to some arrangement. Don't run and hide because sooner or later they will catch you. Link to comment Share on other sites More sharing options...
Missus B Posted August 12, 2012 Share Posted August 12, 2012 Why don't you contact the Citizens Advice Bureau in the UK and ask them to intervene. They can ask the Credit Card companies to stop interest and put an arrangement in place to pay a small amount each month, even if it is £10, until you get back on your feet. I don't know where you stand, with living in Oz. But perhaps this doesn't have to be mentioned. Maybe you can contact the companies yourself and make an arrangement. They shouldn't contact your mother's address anymore provided you stick to the arrangement. You should also have a look on the Martin Lewis moneysavingexpert site. He gives good debt advice. There are also other similiar threads on here. I hope you manage to get this sorted. Best of luck. Link to comment Share on other sites More sharing options...
AJ Posted August 12, 2012 Share Posted August 12, 2012 I take it you have only been making minimum payments since you have only paid 2000 in 4 1/2 years. You need to do something quick, the interest on this amount per month wont be far of 100pounds! You will never get the amount down if this keeps getting added every month. As said before get in touch with the company and ask to make some kind of payment arrangement asap. Link to comment Share on other sites More sharing options...
gwolst77 Posted August 12, 2012 Share Posted August 12, 2012 Hi stop worring! When I have a bit of time later today or tomorrow, I will try to explain why you should not be worring and what legally can be done can't be done in your situation. What you then choose to do with those facts is then your decision. Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted August 12, 2012 Share Posted August 12, 2012 They cannot touch you for the money and they cannot harass your parents to pay. Link to comment Share on other sites More sharing options...
gwolst77 Posted August 12, 2012 Share Posted August 12, 2012 They cannot touch you for the money and they cannot harass your parents to pay. Moving to Melbourne is correct. They can't legally do anything to you in Oz regarding bad credit etc from the UK, they may imply that they can but just put simply they can't. They can't make you pay and they can't affect you Oz credit file either. Also the debt is your debt nobody else's (unless it's in joint names). If the UK DCA is implying that your mother has to inform them of your whereabouts or they will assume that you are living there, or that this personally debt issue is anything that concerns her. They are in the wrong and they know they are in the wrong. The DCA is on a fishing exercise trying to locate you by sending letters to known family/associates, or by simply looking up people in the electoral register with the same surname. Tell your mother to say she does not know your whereabouts and if they contact her again she will report them for harassment. Basically the only thing that can be enforced legally in Oz regarding typical consumer credit is a CCJ THAT WAS AWAREDED BEFORE YOU EMIGRATED TO AUSTRALIA. But for that to happen the creditor would have to go to the Australian high court for the court to recognize the UK court judgment and that cost lots and lots of money, so in reality it never happens for small credit card / loan type debt (stuff below the $100,000 mark). Even if the debt is sold on to Australian DCA (which I don't think can be legally done due to UK data protection laws) the debt is still unenforceable, because they are trying to enforce a contract that only applies in the UK and is subject to UK law. If your UK debt has got to the stage where defaults have been registered against you, then the damage is already done to your UK credit file. Even if you win the lottery tomorrow and pay everything off, those defaults stay on your account for the next six years. If you're not planning to go back to the UK again (well for at least six years) then the above point is basically going to be irrelevant in your case anyway. You cannot be summoned to county court because you are no longer a UK resident, therefore you can't have your day in court defending yourself against the writ (which has to be served against a UK address). So in effect a CCJ can never be awarded against you, which means they cannot then go to an Australian high court to try to enforce the UK judgment etc etc. Therefore the wheel keeps on forever turning I am not telling you what to do; I am only showing you the reality of your situation. Some people in this situation want to pay off their debts so they can sleep better at night. Other people will just stick up two fingers and do a runner. Each to their own, I'm not going to judge you nor should anybody else. The only thing I would say as someone who knows more than their fair share about UK debt issues and who has also worked with a lot of the large financial institutions, is please do not confuse what is right for you and your family regarding money at this moment in time, and what some people call morals. They don't exist when it comes to situations like this and they never have. My point has been proved by how the UK DCA is harassing your mother, knowing full well what the situation is and where they stand legally. They don't care who they upset or what damage financially/emotionally they do in the process, they just want their money. They will keep this game going unless you nip it in the bud now and decide what you want to do. There are loads of threads on this forum if you search hard enough regarding UK debt and living in Oz which you should read up on. Also read up on the UK side of things as well. Also debt is a civil matter not a criminal matter, nobody is going to be waiting for you at Heathrow regarding none payment of debts when your return home on a visit (unless you owe money to the government which is a total different ball game). I hope this helps you stop worrying at least a tiny bit Link to comment Share on other sites More sharing options...
Guest southofriver Posted August 13, 2012 Share Posted August 13, 2012 Thank you all very very much for all the advice and time and effort you have put into your replies. I have had a sick feeling in the pit of my stomach for days now but finally I am beginning to think a bit straighter. The links you have all supplied are excellent, whilst I don't understand what a lot of them are for, knowing there are templates available if I need them really helps....I am sure I will be back on this thread, and I will be reading up as much as I can to prepare myself for the nastiness. Tonight I have to contact my mum and let her know....for me admitting I am in this mess is the worst part of it all. Thanks again everyone Moving to Melbourne is correct. They can't legally do anything to you in Oz regarding bad credit etc from the UK, they may imply that they can but just put simply they can't. They can't make you pay and they can't affect you Oz credit file either. Also the debt is your debt nobody else's (unless it's in joint names). If the UK DCA is implying that your mother has to inform them of your whereabouts or they will assume that you are living there, or that this personally debt issue is anything that concerns her. They are in the wrong and they know they are in the wrong. The DCA is on a fishing exercise trying to locate you by sending letters to known family/associates, or by simply looking up people in the electoral register with the same surname. Tell your mother to say she does not know your whereabouts and if they contact her again she will report them for harassment. Basically the only thing that can be enforced legally in Oz regarding typical consumer credit is a CCJ THAT WAS AWAREDED BEFORE YOU EMIGRATED TO AUSTRALIA. But for that to happen the creditor would have to go to the Australian high court for the court to recognize the UK court judgment and that cost lots and lots of money, so in reality it never happens for small credit card / loan type debt (stuff below the $100,000 mark). Even if the debt is sold on to Australian DCA (which I don't think can be legally done due to UK data protection laws) the debt is still unenforceable, because they are trying to enforce a contract that only applies in the UK and is subject to UK law. If your UK debt has got to the stage where defaults have been registered against you, then the damage is already done to your UK credit file. Even if you win the lottery tomorrow and pay everything off, those defaults stay on your account for the next six years. If you're not planning to go back to the UK again (well for at least six years) then the above point is basically going to be irrelevant in your case anyway. You cannot be summoned to county court because you are no longer a UK resident, therefore you can't have your day in court defending yourself against the writ (which has to be served against a UK address). So in effect a CCJ can never be awarded against you, which means they cannot then go to an Australian high court to try to enforce the UK judgment etc etc. Therefore the wheel keeps on forever turning I am not telling you what to do; I am only showing you the reality of your situation. Some people in this situation want to pay off their debts so they can sleep better at night. Other people will just stick up two fingers and do a runner. Each to their own, I'm not going to judge you nor should anybody else. The only thing I would say as someone who knows more than their fair share about UK debt issues and who has also worked with a lot of the large financial institutions, is please do not confuse what is right for you and your family regarding money at this moment in time, and what some people call morals. They don't exist when it comes to situations like this and they never have. My point has been proved by how the UK DCA is harassing your mother, knowing full well what the situation is and where they stand legally. They don't care who they upset or what damage financially/emotionally they do in the process, they just want their money. They will keep this game going unless you nip it in the bud now and decide what you want to do. There are loads of threads on this forum if you search hard enough regarding UK debt and living in Oz which you should read up on. Also read up on the UK side of things as well. Also debt is a civil matter not a criminal matter, nobody is going to be waiting for you at Heathrow regarding none payment of debts when your return home on a visit (unless you owe money to the government which is a total different ball game). I hope this helps you stop worrying at least a tiny bit Link to comment Share on other sites More sharing options...
gwolst77 Posted August 13, 2012 Share Posted August 13, 2012 Just read through my post again and would like to apologise for the spelling and grammar mistakes I was trying to get the post out as quickly as possible. I would also just like to clarify a point regarding owing money to the government. What I meant was debts in realation to Tax, VAT etc are a different kettle of fish compared to consumer credit, in terms of the options avaliable to the creditors, but it's still a civil issue (unless it's fraud). I don't want people thinking they are going to be stopped at the airport because they owe some money for council tax arrears or non-payment of a parking fine. Link to comment Share on other sites More sharing options...
Danny&Em Posted August 13, 2012 Share Posted August 13, 2012 Disgusting reply.,., Ive worked my arse off for 5 years saving money with my wife.... what i read above is more or less approval for getting a loan and pi55ing off with the money in my back pocket whilst letting other uk residents to soak up the loss with inflated repayments. No wonder this country is on it arse! Sleep well. Link to comment Share on other sites More sharing options...
lebourvellec Posted August 13, 2012 Share Posted August 13, 2012 Disgusting reply.,., Ive worked my arse off for 5 years saving money with my wife.... what i read above is more or less approval for getting a loan and pi55ing off with the money in my back pocket whilst letting other uk residents to soak up the loss with inflated repayments. No wonder this country is on it arse! Sleep well. People come on the Forum for advice not Judgement! The OP never took the money and ran - as they state they have been paying it off. Link to comment Share on other sites More sharing options...
Danny&Em Posted August 13, 2012 Share Posted August 13, 2012 People come on the Forum for advice not Judgement! The OP never took the money and ran - as they state they have been paying it off. Fair comment - apologies. Link to comment Share on other sites More sharing options...
gwolst77 Posted August 13, 2012 Share Posted August 13, 2012 Disgusting reply.,., Ive worked my arse off for 5 years saving money with my wife.... what i read above is more or less approval for getting a loan and pi55ing off with the money in my back pocket whilst letting other uk residents to soak up the loss with inflated repayments. No wonder this country is on it arse! Sleep well. To be honest I sleep rather fine at night thank you. Looking at some of the other PIO post's regarding this subject matter, I was wondering when the onslaught would arrive. I sincerely apologise for offending you by the disgusting words I have wrote simply stating the facts regarding the individual's current debt situation. I am not telling them what to do, condoning or condemning their future actions. I am merely pointing out what they can or can't do in this situation, and more importantly what the DCA can and can't do. What they then choose to do with those facts is up to them. I am only telling them what they would be told if they were to seek legal advice. So if you have a problem with solicitors or people who work in the voluntary sector giving independent advice then that's your prerogative. Let's look at the situation as it has been reported shall we? The person owes money and now a DCA (who have probably already bought the debt for a small fraction of the cost) is now chasing them for the full amount. From the original post it looks like the DCA is applying pressure on their family members to reveal the persons whereabouts, knowing full well it is nothing to do with them. I am happy to stand corrected on this fact, if I have misjudged the initial post. DCA's are generally a lot more persistent and sometimes even aggressive with their tactics in collecting money than the original creditors were (IE the bank the credit card was with). Some DCA's will imply that certain legal actions can be taken against a person (by very carefully wording their letters) when in actual fact they cannot. They play on people's ignorance of the law and emotional feelings of shame or what some people call the morality of being in debt. The person has not taken out a loan and done a runner; they have been in Oz for over five years and have been paying the money back. They now find themselves in a position where they can't pay or pay the full amount and they are asking for advice. Simply saying "I have saved for five years equals good" and "You have a £5000 debt equals bad" is totally irrelevant to this thread and does not help the persons predicament at all. Let's hope you don't need to ask for advice on a tricky or upsetting situation in the future, only to get a torrent of judgmental opinionated remarks thrown back at you. Link to comment Share on other sites More sharing options...
lebourvellec Posted August 13, 2012 Share Posted August 13, 2012 Please keep this thread on topic....... Link to comment Share on other sites More sharing options...
cki2011 Posted August 13, 2012 Share Posted August 13, 2012 Disgusting reply.,., Ive worked my arse off for 5 years saving money with my wife.... what i read above is more or less approval for getting a loan and pi55ing off with the money in my back pocket whilst letting other uk residents to soak up the loss with inflated repayments. No wonder this country is on it arse! Sleep well. Well done for working your arse off like most of us have for more than 5 years but really the point was advice not judgement.... Link to comment Share on other sites More sharing options...
Fisher1 Posted August 13, 2012 Share Posted August 13, 2012 Danny&Em did actually already apologise guys? Link to comment Share on other sites More sharing options...
noworriesmate Posted August 13, 2012 Share Posted August 13, 2012 I'm puzzled. At 2.57 pm Danny&Em offered apologies for what was obviously a knee jerk reaction. He actually said 'Fair comment, apologies'. .... Yet at 6.21 and 8.57 Comments were posted criticising his original comment. Is there a time lag that prevents people reading apologies? Ha - sometimes the delay can be years! we have many cases of people jumping onto threads screaming at a persons opinion until someone points out that the thread was a few years old! NWM Link to comment Share on other sites More sharing options...
gwolst77 Posted August 13, 2012 Share Posted August 13, 2012 Ha - sometimes the delay can be years! we have many cases of people jumping onto threads screaming at a persons opinion until someone points out that the thread was a few years old! NWM Which has been perfectly illustrated by the fact the post you have just quoted has been edited whilst you were typing out this post :biggrin: I orignally started typing out my reply soon after the Danny&Em post, but due to work commitments I did not finish and submit it till the early evening. Anyway it looks like they have apologised when challenged by another memeber, not that they have to in my book. Everybody is entilitled to their opinion, in the same way I am entiltled to challenge their opinion or disagree with them. Link to comment Share on other sites More sharing options...
Danny&Em Posted August 14, 2012 Share Posted August 14, 2012 To be fair - it was a fantastic reply by gwoslt77 - and my angle should have been steered towards the fact that that i hope people dont abuse this information and clock up debts only to leave the debt behind. I`ll leave it at that which i`m pretty sure is what most people will hopefully agree with. Non the les - I hope the original poster gets back on track and wish you well. Link to comment Share on other sites More sharing options...
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