Scottish and English debt laws are different, so if you are a Scottish resident and have questions on debt, then this is the place to post.

Moderators: TalbotWoods, JaneClack

By EduEdi15
#472103 Hi

I was working in Scotland more than two years ago, and everything was smoothly until I finish my contract, and I try to stay there searching for a job.
I already had a small overdraft, but in this situation it will raising until 1600 pounds more or less, and also I asked for a payday loan, that after 3 time extensions, i was not able to repay. So, 1600 in overdraft, 700 in a payday loan and a phone contract not payed...more or less 400 I think.
After two months trying to get a job I finally desist and I came back to my country.
Now, I had a good opportunity to come back to Scotland with a good job, I like UK and I really like Edinburgh and I want to come back but I am scared about the consequences I could have.

First, Will I be arrested when I landed in UK?
Will I be able to open a account, such a basic account or so, ir order to get pay?
How can I set a payment plan with my debitors?
How much they can get from me monthly?

Thank you so much in advance for your advise.
User avatar
By TalbotWoods
#472108 Hi

You will not be arrested, debt in the UK is a civil matter not a criminal matter.

Regarding a bank account, you need to be aware that the banks have toughened up on non UK residents opening accounts, so depending on the banks requirement, your nationality, ect., it is impossible to answer this one.

Please contact one of the organisation listed below, the will help you set up repayment plans to clear these debts.

As to how much, that will depend on your personal circumstances, and there is no set minimum or maximum amount per month.

The Money Advice Service: Free & impartial money advice, set up by government that aims to signpost you to appropriate organisations that may be able to help you. You can contact them on 0300 500 5000

PayPlan: Is a national organisation with approaching 20 years of experience in dealing with all kinds of financial situations, no matter how bad they are.
Their advice and help starts with a simple phone call to 0800 280 2816

NDL: Is an organisation that advises you on solutions that are available to you, you can contact them on 0808 808 4000

StepChange (formerly CCCS) Is an organisation that advises you on available solutions with your financial problems. You can contact them on 0800 138 1111

Tim
By EduEdi15
#472110 Hi Tim

Thank you so much for the info.
I have another doubt that my friends pointed to me, if I left maybe 2-3 months of council taxes unpaid, I still could be arrested or I first should be summoned to the court?
I want to fix the mess I left, but i want to be sure I can try it, I don´t want to arrive in the country and after two weeks be in prision or without the possibility of be paid or something similar....
Regarding the bank account, I am Spanish (don´t blame on all the spaniards, all of my friends are good payers and hard workers, as I am trying to be), it makes any difference?

Regards

Edu
User avatar
By TalbotWoods
#472111 Again Council Tax debt is a civil matter, even if they use the Sheriffs Court to get a Summary Warrant (equivalent of the English Magistrates Court issued Liability Order), plus they will need to apply for and get a Charge for Payment Certificate.

Yes ultimately if you 'refuse' to pay a council tax debt you can be sent to prison, but the instances of this are as rare as hens teeth!

Almost definitely the council will have obtained a Summary Warrant and apply for a "charge for payment" for any unpaid council tax already, so when working out which debts to be debt with first this must be considered a priority debt (before other debts).

When you move back, and when you first register at an address for council tax, it will normally take several weeks / months for them to catch up with you. This will give you time to settle in work out your spare income and work with one of the organisations as your third party to deal with all your debts.

Regarding the accounts, your nationality will be a factor with opening any back account, but the fact you are from the Euorzone will help [Currently the UK banks are getting notorious for opening a new account if you are non-British]. When opening a new account go for a basic bank account, NOT a all singing dancing one. Banks like simple when they are not sure of your banking ability.

At this stage it may help you to sit down and work out roughly what you may owe and to who you may it. You most certainly will need that information when talking to one of the organisations.

Tim
User avatar
By JaneClack
#472112 In Scotland it is similar with council tax but the council goes to the Sheriffs Court to get a summary warrant for the unpaid council tax. However, as in England it is only wilful non-payment of council tax that ends up in prison! You will have time to sort this out when you get settled again.