Can anyone advise me?

Fuffa

Hi all,

I'm wondering if anyone can help me. I've gotten myself into a bit of a pickle..

I am a single parent with a baby. I was on sat mat pay and went back to work when baby was 3m old as I was having to pay nearly a grand in rent, food, bills etc and ends weren't meeting.

I've never had any help from the government. I went to my bank after I returned from mat leave to see if I could get a loan of 15k to cover my two credit cards. While my credit is fine, the underwriters weren't happy lending me such money because I haven't earned enough the last year as I was on maternity leave. They told me to come back in 3 months time and then they would approve me.

Xmas comes and I find myself having to leave the country due to personal problems. I had to resign from my job and move to ROI where I am now living permanently.

I've missed two payments (first time ever) They have now charged me a late payment fee. This I accept as it's my fault I can't pay.

I now have a job that pays me end of the month. Because of the baby I don;t have so much money anymore to pay. I'm thinking of going for an IVA to help me pay off the two CC.

What is the likelihoods of me getting one in the uk whilst living abroad as my debt is UK DEBT and over here I wouldn't be helped. Who is the best to get an iva from and how do I start one?


Thanks.

give_them_FA

If you have moved out of England permanently then why bother? I left the country and with it my debts. If you just turn your back on it then you will get a large amount of toilet paper from debt collection agencies (the credit cards will write off and sell the debts) and if you ignore all that they will eventually just melt away and leave you in peace. Worked for me, but up to you, just a suggestion.

Fuffa

I wish I could write it off but I'm a worrier and I'm pretty certain they can trace me here and send someone to recover the debts. It's not worth it. I may come back to the UK in the future so I don't want to fully burn my bridges.

give_them_FA

They will not "send anyone" at all. The fact that you are looking at compromising your debts (which I don't think can be done if you are abroad) means that your credit record will be shot anyway.

Debt collection agencies NEVER sue if you ignore them. They have a set routine of sending a series of letters, then giving it up as a bad job. After all, if you don't reply they have no way of knowing

1. Whether you are still alive
2. Whether you live at the stated address or
3. What your personal circumstances are (i.e. could you pay if they took any action?)

so they will not front up the money needed to take it to Court as in too many cases they would just lose it. Also they could not sue in an English court if you don't live in England; and the few that are set up to sue at all, aren't going to touch foreign courts. Certainly not for the amounts you are talking about- my debts were far larger than yours and nothing happened.

If you stay out of Britain for 6 years your debt will become statute barred and unenforceable, and the record of it removed from your credit file.

Debt collection agencies rely on the "fear factor" but in reality they are paper tigers. But if you are not tough enough to simply put all their letters in the bin unopened- or mark them "Not at this address, return to sender" then my advice isn't for you. All I am saying is do not fear the consequences because there won't be any if you hold your nerve. And surely you would sooner use what money you have to benefit your child rather than pay some irresponsible bank that looks for a handout from the taxpayer when it fouls up??

Tixy

If you are no longer resident in the UK I don't think you will qualify for an IVA, and it doesn't seem like it would be best in your situation from the limited info. But you could consider a DMP or possibly a DRO, if your debts are under £15k. I would contact one of the debt advice charities (CCCS or national debtline can be contacted by phone /email) to discuss your options talking to them about the implications of if you return, if you don't return etc.

By the way for that level of debt (assuming its £15k across 2 cards) I think its more than likely they'd eventually go for CCJs against you if you ignored them completely - which would mean they don't become statute barred.

give_them_FA

They can't do that if she lives abroad. An English court cannot make any order against someone who does not live within its jurisdiction. And I can tell you from personal experience that nothing whatever will be done with debts of that size except for a few letters threatening this and that, none of which will actually be done if you don't reply.

What will happen is that the card companies will write off and sell the debt on to debt collectors. And when that happens, her worries are over, aside from fielding a sheaf of stupid letters.

Most debt collectors don't do court, only the threat of it. And those that do, want to know that there is a realistic chance of both winning the case, and more importantly, enforcing the judgment. That means they need the debtor to "bite" and communicate with them. No-one issues blind where the debtor hasn't replied.

In the highly unlikely event they did take proceedings she could have them nullified as there would not have been any jurisdiction.

suburbanwifey

What you say is correct totally Give Them FA, that is the advice I would give to her also, in her particular situation.

give_them_FA

Thank you, suburbanwifey, I did get criticised elsewhere for giving advice that favoured the people in trouble rather than the banks, so I am glad I am not alone! lol. Walking away is very easy if you've gone abroad; I know that from my own experience. Card companies aren't philanthropists, they see their customers as a profit source; so when they have losses, they are just written off as a business expense. People on here are not tricksters, they are honest people who through no fault of their own have fallen on hard times.

I deplore some of the moralistic "advice" given by some of those here.

suburbanwifey

give_them_FA wrote: »

Thank you, suburbanwifey, I did get criticised elsewhere for giving advice that favoured the people in trouble rather than the banks, so I am glad I am not alone! lol. Walking away is very easy if you've gone abroad; I know that from my own experience. Card companies aren't philanthropists, they see their customers as a profit source; so when they have losses, they are just written off as a business expense. People on here are not tricksters, they are honest people who through no fault of their own have fallen on hard times.

I deplore some of the moralistic "advice" given by some of those here.

I know what you mean. This forum as a whole is filled with moralistic, perfect people. I have high morals but like all people, am not perfect, no one is. One thing I always do though, is give the right advice for whoever I am responding to. I do not for one minute believe that all who post on these boards are as *perfect* as they imply nor do they always do the ethical, moralistic thing. At the end of the day, there are some situations where it is just not possible to get out of, bankruptcy is one solution, in your situation and the OP's there is another. Both are effective at solving wholly the problem.People who file for bankruptcy are *walking away* from their debt, leaving their creditors unpaid, yet they are in a way hero worshiped and supported on these forums, like its clever or good.

I have always paid my bills (I've been lucky, I've been able to, not all are so lucky) and I have the best credit rating you can get, however ... that doesn't stop me giving sound financial advice to those that need it, else why would I be here posting? So many on here come to play God and think they are the moral Police. The best thing for this lassie to do is what you have suggested and yes, it works and yes, there would be no more consequences than a trashed credit rating, that she already has anyway. In her situation, as decent as I am, having high morals as I do, its about survival, and in her situation I would do EXACTLY the same - hopefully I will never be in her situation as you never really know what you will do until you are in it do you - I say that to those that will no doubt criticise me and you for giving her the *best advice in her current situation, taking all avenues into account* which is truly what this forum should be about!

We are not here to be moral Police. Some should remember that and if they have no helpful comments to say, should go take their moralistic ranting elsewhere

At the end of the day, people out here do not matter to banks, credit card companies, loan companies. Hundreds have committed suicide due to their high pressure tactics when problems have arisen in the borrowers lives. Homes have been taken, homelessness caused, illness, depression .... not everyone can afford to be moralistic in dire circumstances

The OP needs to sort her life out, get back on track, do what is best for her and her children. That is her priority.

Thanks for your comment, glad to have been of help x

suburbanwifey

Tixy wrote: »

If you are no longer resident in the UK I don't think you will qualify for an IVA, and it doesn't seem like it would be best in your situation from the limited info. But you could consider a DMP or possibly a DRO, if your debts are under £15k. I would contact one of the debt advice charities (CCCS or national debtline can be contacted by phone /email) to discuss your options talking to them about the implications of if you return, if you don't return etc.

By the way for that level of debt (assuming its £15k across 2 cards) I think its more than likely they'd eventually go for CCJs against you if you ignored them completely - which would mean they don't become statute barred.

CCJ's fall off your credit history after 6 years. They fall off 6 years after they are added. They will probably go for CCJ's rather than try to pursue her in ROI, its not financially viable for them to do so, for a relatively small amount of money.They write off larger amounts on a regular basis in similar situations such as this. Her credit file is trashed anyway, a couple CCJ's will make no difference whatsoever. A six year wait is all she needs to have it all wiped. Those are the facts.

suburbanwifey

Fuffa wrote: »

I wish I could write it off but I'm a worrier and I'm pretty certain they can trace me here and send someone to recover the debts. It's not worth it. I may come back to the UK in the future so I don't want to fully burn my bridges.

Try to stop worrying and get on with your life with you and your new baby. Look after yourself and follow my advice, I give it thoughtfully. Worry causes stress, stress causes illness. In the ROI you have no worries, your credit here in the UK is ruined anyway. Good Luck for the future x