Information to help you deal with your CRF's

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By ukman
#205028 These are actually 3 questions but I hope someone has an answer:

If you have a debt under 10k with a bank in the UK and leaves the country with no forwarding address, could they get a court to serve claim papers at an address abroad (if the bank finds that the customer has one there) or could they serve claim papers at relatives (in the UK or abroad) addresses?

I think they would first try and issue a CCJ and then later maybe bankruptcy but am not sure...?
How long would it typically take for them to get a CCJ for the customer and how long before they make him/ her bankrupt?

If the defendant has a JOINT account abroad, can they seize it even before the CCJ is issued OR do they have to wait til that has been issued. Or do they have to wait til that person's been made bankrupt before they can make a move on a joint account abroad?
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By Yogi Bear
#205042 A creditor can issue a Court claim for a CCJ at a defendant's "last known" UK address - which they might well do if you deliberately left without leaving a forwarding address. Once a CCJ has been granted, it can be enforced within the EU by means of a European Enforcement Order. I don't think you can be bankrupted if you're permanently domiciled outside the UK.

Creditors can't otherwise seize assets in foreign bank accounts (unless you're defrauding HMRC or it's the proceeds of organized crime, of course :shock: )
By ukman
#205064 Thanks.

So you mean they can't seize assets BEFORE a CCJ is issued.
Once it is, the court can enforce the CCJ Europe wide and can actually go and look for other accounts that person has and seize assets.
Did I understand that right?

Courts can only enforce it in Europe, right? Not in the USA?

Also: can they try and seize relatives accounts, such as father's etc as there used to be laws (don't know if it is still that way) where parents can be made to pay the debt of their children (in some European countries). If the defendants parents live in Europe would the court approach them for info on the child's whereabouts?
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By Yogi Bear
#205196 With ordinary consumer credit debt, no - creditors can't seize assets without a Court Order. Once a CCJ has been obtained, then it can be enforced within the EU in more or less the same way as it could in the UK. I don't think there is any legal basis for UK debts to be enforced through the American Courts, but there have certainly been reported instances of various DCAs trying to do so.

Unless a parent or relative has acted as guarantor, the situation in the UK is that they can't be held responsible for their offspring's debts. A "child" - i.e someone under 18 - can't legally obtain credit as such. So a creditor could only get a CCJ in the first place within that legal framework.