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
#52419 Hi all, it's been a while since i posted but for some reason I though ignoring matters would make them solve themselves, as expected though that was stupidity on my part and now my debts could affect my life more than I could have imagined. I have previously posted here in the Global Debt forum,

http://www.debtquestions.co.uk/debt_forum/viewtopic.php?t=2488

but to save you time here is the summary.
Born in Scotland and through numerous younger years stupidly took out credit cards and personal loans (oh to be 18 again and have the ability to just say no) These amass to about 30,000 GBP in debt, In 2004 I immigrated to the US and married my American wife. We are now settled here but still rent and the car is in her name so I personally have no assets.
Yesterday I receive a phone call from a company called CCB Credit in the US, they work with Link Financial in the UK who has purchased my Barclaycard Credit Card debt, currently $5050. Hence the worry, I don't have much in the way of credit yet in the US as it is very hard to build when you have no long term US history but the last thing I need is a company here requesting money and completely blowing away any chance of credit. Now i simply cannot afford to be sending money back every month to pay off credit cards and loans, I tried for a while with payment plans but between myself and my wife's income we simply cannot afford it which is why I am looing into bankruptcy.

My question here is this, is it possible? Can I file for bankruptcy in Scotland when I am resident in the US?
User avatar
By TalbotWoods
#52442 Hi Kev

It will be best to wiat for claification from our scottish advisors, but from Posts I have seen from them re bankruptcy in Scotland you cannot file for yor own bankruptcy under scottish law.

Also if you were an English or Welsh Debtor yo have attend the UK to do the deed.

But as I say wait for the likes of JLP and then all will become claified for you.

Can I aslo suggest you cross post this into teh Scottish Section on the sit, it will be easier for JLP and co to pick it up

Tim
By scottishdebtor
#52513 You need to have a creditor take you to court before you can start procedings yourself. Dont think you could do it without living here, plus the locals find it nearly impossible what chance somebody staying abroad.

Still as was said earlier JLP would know the ins and outs, send her a PM and she will read your post or answer your PM.
By JLP
#52584 I Believe there is a way to do this if you are abroad, I had a discussion about this the other day.If you can wait till Monday, I can give you the full SP on this.......... :D . I will phone one of my very friendly Bankruptcy experts, as it's not something I have come across in Real Life.

Will def get back to you......
By OregonKev
#52764 Thanks JLP, that would be great, I've emailed AIB but don't expect a response from them until Monday.
By OregonKev
#54428 JLP, how did the talk with your friendly bankruptcy guy go?
By OregonKev
#54430 Okay, through the generosity of friends and family I will be able to return to Scotland for three weeks this summer, reasoning behind this is that I know it will be many more years before I get a chance to see my family again and the only time available is now. With this trip in mind I fully intend to file for bankruptcy while there, what I need help with is what is the fastest way seeing as I only have three weeks. Where do I go, what do I need, how much will it cost?
By Mel_Odious
#54432
OregonKev wrote:Okay, through the generosity of friends and family I will be able to return to Scotland for three weeks this summer, reasoning behind this is that I know it will be many more years before I get a chance to see my family again and the only time available is now. With this trip in mind I fully intend to file for bankruptcy while there, what I need help with is what is the fastest way seeing as I only have three weeks. Where do I go, what do I need, how much will it cost?


As far as I am aware you still cannot file for your own bankruptcy in Scotland.

Mel
Last edited by Mel_Odious on Sat Apr 01, 2006 11:02 pm, edited 1 time in total.
By OregonKev
#54662 So what can I do here? I am so much in debt I am scared that this is going to affect the rest of my life here in the US in such a bad way that i will never recover from it. Already I have a debt recovery company here calling me once a week on behalf of Barclaycard. I need to find some kind of closure on all of this and i have no idea how, something that can be done in the small amount of time that I will be back in the UK for the next foreseeable ten years! What would happen if I went in to each of the banks that i have debts with while there and basically tell them that their is no possible way I can see myself being financially able to pay off the debts, what's the worst they can do?
By JLP
#54870 Hi Oregon Kev-sorry for not getting back to you but have been snowed under here and couldnt get online.

Lets not jump the gun here-no 1 as someon quite rightly pointed out, you cannot file for your own Bankruptcy in Scotland until the laws change-probably later this year.You need someone to take you to court (in Scotland) and issue you with a Charge for Payment as the law stands now. Its not a problem taking you to court but you will have a problem getting a Charge for Payment issued as they do not (presumably) have a Scottish Address to serve it on.

Your next problem is that it seems that you cannot file for Bankruptcy under Scottish law, unless you left in the last year. If you look on the AIB website and have a look at the Bankruptcy Scotland Act (Section 9) it will tell you. For a definitive answer the AIB have a helpline so it may be worth giving them a call.

Now your next problem is that Link Financial have employed a DCA in the States to hound you. Link Financial are armholes,but unfortunately they do not often take people to court or do Barclaycard very often. The way I understand it is- they would have to take you to Court in the US for them to take any action against you. I do not know whether this is possible. or whether they can register a bad debt against you in the US where it affects your Credit rating. For the answer to that I would speak to an American debt organisation or attorney (I am not up on American debt stuff).

I hope this helps you a bit.