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Having debt in the UK but living in Aus


swifty

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Your main issue is having your mum's address associated with the debt. As someone else mentioned, you don't want debt collectors turning up at her door. It sounds like you've already contacted them and offered to pay and they said no? Is that because you wanted to pay a portion of the debt and have the rest forgiven?

 

If it was me I would update the debt firm with my Australian contact details (maybe just a PO box number) and then engage with them again to reach a payment plan. I would imagine you have a bit more leverage for some debt forgiveness if you are no longer in the UK. Pay what you can off it and if they are unreasonable then just cease contact and they'll be stuck with the debt.

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Your main issue is having your mum's address associated with the debt. As someone else mentioned, you don't want debt collectors turning up at her door. It sounds like you've already contacted them and offered to pay and they said no? Is that because you wanted to pay a portion of the debt and have the rest forgiven?

 

If it was me I would update the debt firm with my Australian contact details (maybe just a PO box number) and then engage with them again to reach a payment plan. I would imagine you have a bit more leverage for some debt forgiveness if you are no longer in the UK. Pay what you can off it and if they are unreasonable then just cease contact and they'll be stuck with the debt.

 

Yes I offered them a portion of money at first and they said no they wanted it all. I said I had sold the car (ive checked all the agreement and its all above board it was my car to sell) and they wanted all the money from it, told them I had already paid some debts off. They told me then to set up a payment plan which I did and ive still been paying. Its with a collections department now but I'm still paying. I have told them I'm not working and I cant go to work until I can put my son in nursery which I cant afford to do.

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Problem is if you return even for a holiday and they find out they will try and recover the money you owe them.

 

oh right ok I didnt know if we return as a holiday I just thought if we went back to live, thanks for that

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Problem is if you return even for a holiday and they find out they will try and recover the money you owe them.

 

How would a debt collection agency know anyone's international travel plans? Interpol have a tough enough time with that!

 

 

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No, you don't have to pay the debt back if you continue to live in Australia.

Yes, companies may have affiliations with debt recovery companies in Australia, but they cannot enforce it over here, unless you owe money to the government, ie, Student Loans, Tax Liability etc

Yes you can return to the UK and are not stuck in Australia, but you are unlikely to get credit for many years and potentially the creditors may track you down and start chasing again.

Yes, you may have to live with your conscience.

 

No you did not murder anyone

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Problem is if you return even for a holiday and they find out they will try and recover the money you owe them.

 

:laugh: What utter clap trap, do you honestly think that equifax know everyone's travel plans and inform creditors which gate you'll be landing at? And what do you mean by try to recover the money? Are they going to stop you buying duty free and take you holiday spends?????

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:laugh: What utter clap trap, do you honestly think that equifax know everyone's travel plans and inform creditors which gate you'll be landing at? And what do you mean by try to recover the money? Are they going to stop you buying duty free and take you holiday spends?

 

You are naive. We live in the digital age...

 

Debts are routinely sold on, and twenty thousand is a significant sum. The OP will be chased if she moves there and possibly even on a holiday.

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How would a debt collection agency know anyone's international travel plans? Interpol have a tough enough time with that!

 

 

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depends on the finance company whose money it is, I am sure some have ways and means to keep track of people who owe them money. Fraud effects all of us with higher premiums and higher interest on loans.

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You are naive. We live in the digital age...

 

Debts are routinely sold on, and twenty thousand is a significant sum. The OP will be chased if she moves there and possibly even on a holiday.

Agreed, some people are stuck in the 80s they need to move on and realize it is east this day and age to track anyone if the will is there.

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You are naive. We live in the digital age...

 

Debts are routinely sold on, and twenty thousand is a significant sum. The OP will be chased if she moves there and possibly even on a holiday.

 

Naive my arse, debt collection agencies have absolutely zero powers. Chase? Please explain what you mean by chase, and then exactly what are they going to do if they catch the debtor? What if the debtor doesn't run, what will they chase?

 

I'll tell you what they'll do, they'll send threatening letters, they may call at your door but they cannot take your wallet out and take the money out of it. Especially if there isn't anything in the wallet. Sure they can get CCJ's but all that does is let other lenders know that you have defaulted, nothing else. You can't go to prison and they can't beat you up.

 

They won't even write it on your Facebook page or tweet about it in the digital age

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depends on the finance company whose money it is, I am sure some have ways and means to keep track of people who owe them money. Fraud effects all of us with higher premiums and higher interest on loans.

 

You're sure? That's it, you've gone from telling the OP that if she revisits the UK on holiday that debt collectors will chase her, and now 'you're sure' they can track debtors

:laugh:

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You're sure? That's it, you've gone from telling the OP that if she revisits the UK on holiday that debt collectors will chase her, and now 'you're sure' they can track debtors

:laugh:

ohhhh dear.

 

 

 

[h=1]Creditor takes money from your bank account[/h]

[h=2]Table of contents[/h]

 

 

[h=2]About taking money from your bank account[/h]If your creditor has taken court action against you for a debt, they may have got a county court judgment (CCJ) or other court order against you. A court order means you have to pay the money back, either in instalments or in full by a certain date.

If you don’t keep to the terms of a court order, your creditor has a number of different options to try and get their money back.

If your creditor thinks that you have the money to pay them and are holding it back, or are due to be paid some money which would cover the debt, they can apply for another court order. This is called a third party debt order. A third party debt order allows your creditor to take the money you owe them directly from whoever has the money.

Usually it is your bank or building society that is holding your money for you. However, if you are due to get a lump sum such as a redundancy settlement, an inheritance or insurance policy payout, your creditor could get your employer, solicitor or insurance company to pay the money to them instead of you. They can only take enough money to clear the debt.

This page tells you what to do if your creditor tries to get a third party debt order against you, including how to try and stop the order and what to do if your bank account is frozen and you're left with no money.

The kinds of debts that may end up with your creditor trying to get a third party debt order include money owed on personal loans, credit cards, overdrafts or hire purchase agreements.

The Child Support Agency or Child Maintenance Service can also take money from your bank account for child maintenance arrears. This is called a deduction order. They don’t need to go to court to get a deduction order.

More about deduction orders for child maintenance arrears.

A third party debt order is different from an attachment of earnings order, where your creditor gets a court order to take money from your wages.

For more information on when your creditor can apply for an attachment of earnings order, seeCreditor takes money from your wages.

For more information on other types of action your creditor can take to get their money back, seeFurther help.

[h=2]How does your creditor apply for a third party debt order[/h]To find out if you've got savings or are expecting a pay out, your creditor can get details of your bank accounts and other financial circumstances. To do this they can apply to the court for anorder to obtain information. You’ll have to go to court to give this information on oath.

If you're working, your creditor may also want to know when your payday is. This is so they can time a third party order to arrive at the bank on the day when your wages are paid in and you're likely to have more money to pay them.

There’s nothing to stop you withdrawing money from your bank or savings account if you think the creditor is going to apply for a third party debt order. But you may not know about the order until after it has been made.

For more information about how your creditor can get details of your finances, see How a creditor can get information about your finances.

[h=2]Freezing your bank account[/h]If your creditor wants to get a third party debt order, they will first apply for a temporary order called an interim third party debt order. This order tells your bank or building society to freeze your account. At this point, your account will be frozen but no money will be paid to your creditor until the judge has decided what to do at the final hearing. The final hearing should take place at least 28 days after the interim order is made.

Your creditor doesn’t have to provide specific bank account details to apply for an interim third party debt order but they must have a good reason for thinking you have an account with that bank.

If you've already written cheques or had a standing order or direct debit paid to your creditor, this could be enough evidence for them to apply for the order.

Once an interim order has been made, the court will send a copy to your creditor and your bank or building society. They get a copy seven days before it’s sent to you. This is so you don’t take any money from the account beforehand.

The bank will then freeze your account, up to the amount you owe to the creditor. They may charge you a fee for doing this

An interim third party debt order can cause you lots of problems. Once it's made, you won't be able to get to the money in your account. This may mean you can't pay essential bills, other debts, or even manage day to day living expenses.

If the order will leave you with no money at all and this causes you hardship, you may be able to apply to court for help.

If you get notice of an interim third party debt order, you should get urgent advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

[h=2]If freezing your money causes you hardship[/h]If your money has been frozen, this may cause you hardship because you can’t meet day-to-day living expenses. If you're in this situation, you can make an application to court for a hardship payment order.

Make the application on court form N244. You can download the form from the Ministry of Justice website at: www.justice.gov.uk.

When you’ve filled it in, take the form to court yourself with written evidence of your hardship. This evidence can include:

 

 

  • copies of wage slips

  • bank statements

  • mortgage account details

  • your rent book

  • any other documents which show your financial situation.

 

If other people in your family will be affected because your money is frozen, for example children or an older person living with you, explain on the form how they will be affected. This will help the court to make a fair decision about your situation.

Usually, you have to pay for this application. However, you might not have to pay the fee at all or it could be reduced because your money has been frozen. Ask the court about this when you take the form in.

A judge will deal with your case on the same day you take the application form in. They can make ahardship payment order which orders the bank to release a certain amount of money to you or to someone else, such as your partner. The order will be faxed to the bank and copies will be sent to your creditor.

Your money won’t actually be taken away if the court makes an interim order. There needs to be afinal order for this. For an interim order to be made into a final order, there will be a court hearing. You will be told when the hearing is.

[h=2]Can you stop the final third party debt order from being made[/h]An interim third party debt order will be made final unless you can show there are good reasons for it not to be made.

You may have good reasons to argue that that the order should not be made final. For example, you may be able to argue that:

 

 

  • your money is in a joint account and the other accountholder does not owe the debt

  • the debt is for a small amount. You can argue that a third party order is too serious a step and the debt could be paid off quickly by instalments. A judge can refuse to make a third party debt order final if they consider that the sum owed is too small to justify it

  • making the order will cause a lot of hardship to you or your family

  • your account is overdrawn

  • the money in your account belongs to someone else

  • your money is in a building society or credit union account and you'd be left with less than £1 if the debt were paid. This doesn't apply to other bank accounts.

 

There are other legal reasons that you might be able to use to argue against an interim order being made final. It's always a good idea to get help from an experienced adviser if your creditor applies for a third party debt order.

You can get help to argue against a final third party debt order from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

[h=2]What happens if the third party debt order is made final[/h]If the third party debt order is made final and the money is being taken from your bank account, the bank has to pay your creditor either:

 

 

  • the amount in your bank account at the date of the interim order or

  • enough to pay the balance owing on the county court judgment or other court order.

 

The third party debt order can only affect money actually in your bank account at the date when your bank received a copy of the interim order. It doesn’t freeze money paid in at a later date.

If your account is overdrawn on the day the third party order is sent to your bank, your creditor won't get their money as there won't be enough funds to pay the debt. If money is paid into your account after this date, it can't be used to pay off your debt.

[h=2]Further help[/h][h=3]On Adviceguide[/h]

 

 

 

 

 

 

 

 

 

 

[h=2]This advice applies to England[/h]Advice can vary depending on where you live.

Choose a country Change country Northern Ireland Scotland Wales

Go[h=2]Debt and money[/h]

 

 

 

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Naive my arse, debt collection agencies have absolutely zero powers. Chase? Please explain what you mean by chase, and then exactly what are they going to do if they catch the debtor? What if the debtor doesn't run, what will they chase?

 

I'll tell you what they'll do, they'll send threatening letters, they may call at your door but they cannot take your wallet out and take the money out of it. Especially if there isn't anything in the wallet. Sure they can get CCJ's but all that does is let other lenders know that you have defaulted, nothing else. You can't go to prison and they can't beat you up.

 

They won't even write it on your Facebook page or tweet about it in the digital age?

 

Yes, definitely naive, debt collectors have a lot of power. Do some research.

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The OP is in Australia.

 

PB said they could be tracked down if they went to the UK on holiday.

 

How would they be tracked down, taken to court, receive a ccj, default on that sufficiently to be then subject to a supposed dip into a (possibly non-existent) UK bank account?

 

All in the space of a few weeks holiday? With no fixed abode to send written correspondence to? Which would be ignored anyway.

 

You don't get a knock at the door at 2am and then dragged off by some bully-boys to court for first thing next morning.

 

These things take time, by which time the holiday is over and the debtor has disappeared.

 

And if the debtor doesn't correspond, acknowledge the debt, or enter into any agreement voluntarily from the other side of the planet, then the sold-on debt is worthless to the debt collectors. Give it enough time, and silence, and the statute of limitations kicks in.

 

I'm not saying defaulting is right, but going for a short holiday isn't going to end up with a confrontation with a private debt collector.

 

 

 

 

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ohhhh dear.

 

 

 

Creditor takes money from your bank account

 

 

Table of contents

 

 

 

 

About taking money from your bank account

 

If your creditor has taken court action against you for a debt, they may have got a county court judgment (CCJ) or other court order against you. A court order means you have to pay the money back, either in instalments or in full by a certain date.

If you don’t keep to the terms of a court order, your creditor has a number of different options to try and get their money back.

If your creditor thinks that you have the money to pay them and are holding it back, or are due to be paid some money which would cover the debt, they can apply for another court order. This is called a third party debt order. A third party debt order allows your creditor to take the money you owe them directly from whoever has the money.

Usually it is your bank or building society that is holding your money for you. However, if you are due to get a lump sum such as a redundancy settlement, an inheritance or insurance policy payout, your creditor could get your employer, solicitor or insurance company to pay the money to them instead of you. They can only take enough money to clear the debt.

This page tells you what to do if your creditor tries to get a third party debt order against you, including how to try and stop the order and what to do if your bank account is frozen and you're left with no money.

The kinds of debts that may end up with your creditor trying to get a third party debt order include money owed on personal loans, credit cards, overdrafts or hire purchase agreements.

The Child Support Agency or Child Maintenance Service can also take money from your bank account for child maintenance arrears. This is called a deduction order. They don’t need to go to court to get a deduction order.

More about deduction orders for child maintenance arrears.

A third party debt order is different from an attachment of earnings order, where your creditor gets a court order to take money from your wages.

For more information on when your creditor can apply for an attachment of earnings order, seeCreditor takes money from your wages.

For more information on other types of action your creditor can take to get their money back, seeFurther help.

How does your creditor apply for a third party debt order

 

To find out if you've got savings or are expecting a pay out, your creditor can get details of your bank accounts and other financial circumstances. To do this they can apply to the court for anorder to obtain information. You’ll have to go to court to give this information on oath.

If you're working, your creditor may also want to know when your payday is. This is so they can time a third party order to arrive at the bank on the day when your wages are paid in and you're likely to have more money to pay them.

There’s nothing to stop you withdrawing money from your bank or savings account if you think the creditor is going to apply for a third party debt order. But you may not know about the order until after it has been made.

For more information about how your creditor can get details of your finances, see How a creditor can get information about your finances.

Freezing your bank account

 

If your creditor wants to get a third party debt order, they will first apply for a temporary order called an interim third party debt order. This order tells your bank or building society to freeze your account. At this point, your account will be frozen but no money will be paid to your creditor until the judge has decided what to do at the final hearing. The final hearing should take place at least 28 days after the interim order is made.

Your creditor doesn’t have to provide specific bank account details to apply for an interim third party debt order but they must have a good reason for thinking you have an account with that bank.

If you've already written cheques or had a standing order or direct debit paid to your creditor, this could be enough evidence for them to apply for the order.

Once an interim order has been made, the court will send a copy to your creditor and your bank or building society. They get a copy seven days before it’s sent to you. This is so you don’t take any money from the account beforehand.

The bank will then freeze your account, up to the amount you owe to the creditor. They may charge you a fee for doing this

An interim third party debt order can cause you lots of problems. Once it's made, you won't be able to get to the money in your account. This may mean you can't pay essential bills, other debts, or even manage day to day living expenses.

If the order will leave you with no money at all and this causes you hardship, you may be able to apply to court for help.

If you get notice of an interim third party debt order, you should get urgent advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

If freezing your money causes you hardship

 

If your money has been frozen, this may cause you hardship because you can’t meet day-to-day living expenses. If you're in this situation, you can make an application to court for a hardship payment order.

Make the application on court form N244. You can download the form from the Ministry of Justice website at: www.justice.gov.uk.

When you’ve filled it in, take the form to court yourself with written evidence of your hardship. This evidence can include:

 

 

  • copies of wage slips

  • bank statements

  • mortgage account details

  • your rent book

  • any other documents which show your financial situation.

 

If other people in your family will be affected because your money is frozen, for example children or an older person living with you, explain on the form how they will be affected. This will help the court to make a fair decision about your situation.

Usually, you have to pay for this application. However, you might not have to pay the fee at all or it could be reduced because your money has been frozen. Ask the court about this when you take the form in.

A judge will deal with your case on the same day you take the application form in. They can make ahardship payment order which orders the bank to release a certain amount of money to you or to someone else, such as your partner. The order will be faxed to the bank and copies will be sent to your creditor.

Your money won’t actually be taken away if the court makes an interim order. There needs to be afinal order for this. For an interim order to be made into a final order, there will be a court hearing. You will be told when the hearing is.

Can you stop the final third party debt order from being made

 

An interim third party debt order will be made final unless you can show there are good reasons for it not to be made.

You may have good reasons to argue that that the order should not be made final. For example, you may be able to argue that:

 

 

  • your money is in a joint account and the other accountholder does not owe the debt

  • the debt is for a small amount. You can argue that a third party order is too serious a step and the debt could be paid off quickly by instalments. A judge can refuse to make a third party debt order final if they consider that the sum owed is too small to justify it

  • making the order will cause a lot of hardship to you or your family

  • your account is overdrawn

  • the money in your account belongs to someone else

  • your money is in a building society or credit union account and you'd be left with less than £1 if the debt were paid. This doesn't apply to other bank accounts.

 

There are other legal reasons that you might be able to use to argue against an interim order being made final. It's always a good idea to get help from an experienced adviser if your creditor applies for a third party debt order.

You can get help to argue against a final third party debt order from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

What happens if the third party debt order is made final

 

If the third party debt order is made final and the money is being taken from your bank account, the bank has to pay your creditor either:

 

 

  • the amount in your bank account at the date of the interim order or

  • enough to pay the balance owing on the county court judgment or other court order.

 

The third party debt order can only affect money actually in your bank account at the date when your bank received a copy of the interim order. It doesn’t freeze money paid in at a later date.

If your account is overdrawn on the day the third party order is sent to your bank, your creditor won't get their money as there won't be enough funds to pay the debt. If money is paid into your account after this date, it can't be used to pay off your debt.

Further help

 

On Adviceguide

 

 

 

 

 

 

 

 

 

 

 

 

This advice applies to England

 

Advice can vary depending on where you live.

Choose a country Change country Northern Ireland Scotland Wales

GoDebt and money

 

 

 

 

 

Share on Twitter

 

 

Share on Facebook

 

 

Share on Google +

 

 

Email page

 

 

 

Google all you like, I've chased people for money through the courts and after spending a small fortune, got zero back. I did however get CCJ's and some practical knowledge.

Ive highlighted the biggest mistake in your copy and paste, the OP lives in Australia!

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Yes, definitely naive, debt collectors have a lot of power. Do some research.

 

 

As I put in my reply to PM, I don't need research, I have first hand experience of chase someone thought the courts. I won, I got a CCJ against two seperate parties.

What I didn't get was any money, debt collectors have zero powers, but if you know of some mystical power then please let me know.

Just to give you a head start, debt collectors and court appointed bailiffs are two very different things.

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sORRY to tell you this but debts in the UK and Australia can and are chased and enforced. I know of two people who left debt in the UK (less than 20k). They applied for finance (loan, car finance or a store card I think (can't remember which one) and a company in Oz contacted a company in the UK and it went from there. They actually had debt collectors turn up on their doorstep in Oz. I don't know what happened from there tho.

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It might be tempting to flee your unpaid credit card bills, loans and overdue tax. But those who leave the UK thinking they have escaped their debts could be in for a nasty shock if they fail to tell their creditors where they have gone.

 

Such a move could put their assets in the UK at risk, cause serious problems with their credit rating if they ever plan to return home and even result in an unexpected and unwelcome knock on their door abroad.

 

Debts are dealt with in different ways depending on who the money is owed to. The longest reach appears to belong to HM Revenue & Customs, which has Mutual Assistance in the Recovery of Debt (MARD) agreements with other nations to recoup money owed.

 

An HMRC spokesman said: “We can ask the local tax jurisdiction the debtor has moved to to get UK money back off the debtor. The same applies to tax debtors from other jurisdictions who move to the UK - we will collect any tax due on behalf of the debtor’s home tax authority.

 

“The debt will remain outstanding until it is paid, and interest and penalties will continue to accrue. The most important thing for any debtor who can't pay is to talk to us as soon as possible. We will do all we can to help, including offering time to pay their debts over time.”

 

Related Articles

 

 

 

 

 

If the debt is owed to a consumer lender, such as a bank or credit card provider, it can be more complicated for them to follow the debtor overseas to reclaim the money owed, but it is still done.

A spokesman for the StepChange Debt Charity (stepchange.org), said: “It depends on what the individual has told the creditors before leaving the UK. Are they trying to avoid the debt? Or are they being upfront and leaving a forwarding address? That is important, because if someone has just vanished and left no forwarding address, there is nothing to stop [the creditor] beginning a county court judgement (CCJ) at their last known address.

“If the person still has assets in this country, the creditor could apply for a charging order which would secure the debt against a property in the UK. This can be done in their absence.”

If the person moving abroad has left a forwarding address, legal action should only be started in the country they are currently living in, the spokesman said. This can prove more difficult for the lender unless the money is owed to an international bank or institution with operations in the new country.

Some debt collection agencies also operate in more than one country, so expats should not rule out getting a knock on their door from someone aiming to collect what's owed.

Student loans are another debt that can follow you abroad, and failing to deal with them properly could result in penalties being incurred. Those who have moved abroad for longer than three months should complete an overseas income assessment form so that the Student Loan Company (SLC) can calculate how much they need to repay, and a payment schedule will be set out accordingly. This is based on the earnings threshold for the destination country.

A spokesman said: “Failure to keep the SLC up to date will cause the account to be placed in arrears and may incur penalty charges.

“If a customer fails to contact us and does not provide the necessary information, then the repayment schedule will be set up by SLC, and in most cases these payments will be much higher than expected, approximately double the average income for the country they are currently residing.

“We strongly advise overseas customers to keep a track on their account online by visiting studentloanrepayment.co.uk.”

For more Expat Money news, sign up for our twice-weekly email bulletin.

 

 

 

 

 

 

 

 

 

 

 

 

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As I put in my reply to PM, I don't need research, I have first hand experience of chase someone thought the courts. I won, I got a CCJ against two seperate parties.

What I didn't get was any money, debt collectors have zero powers, but if you know of some mystical power then please let me know.

Just to give you a head start, debt collectors and court appointed bailiffs are two very different things.

 

Your advice to the OP was very naive, but I will leave it there.

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