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 OregonKev
#28371 So a quick rundown of the situation here. I have about 30,000 pounds of debt in the UK, personal loans, credit cards etc. I used to live in Glasgow where I was born and raised so I'm presuming here it all comes under Scottish Debt.
Last year emigrated to the US to marry my American wife, I am now a permanent resident here and shall be for many years to come, no plans to move back to the UK.
I was originally paying token amounts to my creditors through arrangements I made directly with them however changes in circumstances now mean that I cannot even these. I have no assets here in the US as I rent and the car is under my wifes name.
So what i am looking for here is advice on a couple of things.
1. Can these debts which I am no longer paying be transferred to the US, for example, can LTSB sell of my personal loan to a US company and therefore ruin any credit I have managed to build up here?
2. Can I apply for bankruptcy through the Scottish System even when I am no longer a resident of the UK.
3. If I can take the bankruptcy procedure how the hell do I do it??? I understand from postings on one of the other boards that if you are in England then you can do it yourself but how does the Scottish way work, how do I make a bank make me bankrupt?
4. Any other advice?

Thanks in advance, it's always good to find a decent forum where there are many pople going through the same thing, good to know I'm not the only one. If only we could go back in time and I could barter a cow to replace all my debts!
#28415 A creditor can take you to court in Scotland and obtain a decree (equivalent of a CCJ).They need this to take enforcement action against you. It is possible that they could find you in US and take enforcement action against you, but it would cost them money and depending on level of debt, they may not think its worth the hassle.

They could enforce the decree when you come back to UK if you appear again though.

As far as Bankruptcy is concerned-in Scotland you cannot file for your own Bankruptcy yet (rules to change on that in 2006). A creditor must have taken you to court and served a "Charge for Payment".Then and only then can you file for Bankruptcy.However as you dont live in Scotland, I doubt you can though.

I am not an expert on this(people living abroad with debt in Scotland I mean) so I have enclosed a pdf file explaining laws here.There are also contact nos and e-mail addresses of people who may be able to help you better than I can. ... _guide.pdf

Hope this helps somewhat......... :lol: