Debt questions from around the world, helping each other by giving and receiving advice on UK based debt.

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By Left Behind
#184350 I'm so glad I found this forum. I have learned more about my situation in the last half hour than I have during months of contacting professional agencies. Thank you to all who post.

Any guidance and advice regarding my situation would be greatly appreciated - I'm sure you all know how distressing debt situations can be...

I have a substantial UK debt across several creditors ranging from 1K to 30k (long story, failed business etc - no fraud).

I have received a letter from one of these creditors to my address in the US (they found my parents phone number and used clever tactics to convince my father that they were "a friend of mine" and he gave them my address). I live in a rented property. Somehow they have found the address of my landlady (she lives in another state) and have written to her also. I have not acknowledged any of the letters and soon will be moving out leaving no forwarding address.

The worry is killing me and I would love to be able to make regular payments but I can't at the present time, especially as $1 only buys 50p at the moment. My questions are therefore based around what is my risk?

1). Can the UK debt and collection thereof be legally enforced in the US? I'm reading that no reciprocal governance is in place between the UK and the US. Is this a fact?

2). How likely is it that the debt will be sold to a US DCA? (The debt to the creditor who has written to me is under 10k)? If it is sold, do I have any "get out of jail free cards" such as "i will only deal with the original creditor etc?"

3). Now that this creditor has a US address for me (even though I am moving), is this address likely to be appear on my UK credit file (and therefore be available to other creditors)?

4). As none of the debt could ever be proven to be fraudulent (because it wasn't) am I likely to experience any difficulties if and when I can afford to visit the UK (seizure of passport etc)?

5). One of the debts I have is substantial in its own right (30k). This creditor has a "care of" address for me in the UK (relative). Can my relative be forced to provide information on my whereabouts? Again, could they legally (through courts) enforce recovery?

It sounds like I am trying to hide from my past - I'm really not - but I am trying to protect my current interests in re-building my life until such time as I can take care of it.

Any responses will be truly appreciated.

Many thanks for reading this far.

LB
User avatar
By Yogi Bear
#184377
Left Behind wrote:1). Can the UK debt and collection thereof be legally enforced in the US? I'm reading that no reciprocal governance is in place between the UK and the US. Is this a fact?

2). How likely is it that the debt will be sold to a US DCA? (The debt to the creditor who has written to me is under 10k)? If it is sold, do I have any "get out of jail free cards" such as "i will only deal with the original creditor etc?"

3). Now that this creditor has a US address for me (even though I am moving), is this address likely to be appear on my UK credit file (and therefore be available to other creditors)?

4). As none of the debt could ever be proven to be fraudulent (because it wasn't) am I likely to experience any difficulties if and when I can afford to visit the UK (seizure of passport etc)?

5). One of the debts I have is substantial in its own right (30k). This creditor has a "care of" address for me in the UK (relative). Can my relative be forced to provide information on my whereabouts? Again, could they legally (through courts) enforce recovery?

1). The only two countries with whom the UK presently has reciprocal agreements are Germany and Canada.

2). It's quite possible, yes. I'm not sure how the debt could actually be enforced, but I imagine you'd be able to come sort of payment arrangement more easily than trying to deal with the original UK creditor, especially if the debt had been sold.

3). No. UK credit reference files only have UK addresses listed on them.

4). No. Ordinary consumer credit debt is entirely a civil matter.

5). No. Your relatives are not in any way responsible for your debts unless they were joint signatories on the agreement.