Threatening CCJ

Buchanan

I have an M&S credit card which I have been unable to pay for the last few months, they have passed it onto a debt collection agency who say they will commence court proceedings. I have been in full communication with M&S about my inability to pay at present and they know this is temporary (until Jan 10) and they also know I have emigrated to Australia, as they send the letters to me there. Is this CCJ just a threat as I am sure on can't be issued if I am not resident in the UK - the debt collection agency have even written to me at my Australia address.
I am going to send a copy of my income and outgoings to prove I can't pay at present, do I send it to M&S or debt collection agency? Should I write to debt collection agency and tell them they can't take me to court as I am no longer a UK resident?

CCCS_Sarah

Buchanan wrote: »

I have an M&S credit card which I have been unable to pay for the last few months, they have passed it onto a debt collection agency who say they will commence court proceedings. I have been in full communication with M&S about my inability to pay at present and they know this is temporary (until Jan 10) and they also know I have emigrated to Australia, as they send the letters to me there. Is this CCJ just a threat as I am sure on can't be issued if I am not resident in the UK - the debt collection agency have even written to me at my Australia address.
I am going to send a copy of my income and outgoings to prove I can't pay at present, do I send it to M&S or debt collection agency? Should I write to debt collection agency and tell them they can't take me to court as I am no longer a UK resident?

Some countries have a reciprocal agreement between themselves, so that the creditors can enforce a CCJ using the legal system of another country. However this is very costly to the creditors and uncommon.

If you were unable to maintain the contractual payments, you could always look at offering reduced payments to your creditors, as this would reduce the chances of further action. If you would like further advice you could contact the CCCS for free advice on 0800 138 1111.

If you have any debt questions, you would get a better response on the debt free wannabe board.

Hope this helps
Sarah

bingy_burge

Why have you gone to aus and now you can't pay cc? Seems a bit cheeky?

CLAPTON

The debt is in the UK so they can take the matter to court although they will have difficulty in enforcing the judgement but the CCJ will stay on your credit file.

jonesMUFCforever

I hope you did not pay the airfare with your M&S credit card LOL

PNPSUKNET

some agencys have sister companys abroad, but they wont be able to always enforce the ccj

leachyd

This might sound a risk, but if you are sure that you can pay in full in Jan 2010, then i'd put them off as long as you can until you have the funds to pay. If they start court proceedings, then it will take a while to get to court, you'll lose the case, but then have a month to pay before the ccj is set in stone on your file. If you pay within a month, then it's removed, as far as i know.

Like i say, it's a hell of a risk, but if you are CERTAIN that you can pay in full in Jan, then that's what i'd do. Desperate times, desperate measures! The important thing is that you dont get the ccj, so it doesn't matter how close you get to it, as long as you dont get it!

N.b - i know this will be contraversial, but it's logical, so have a go at me all you like