Some advice

sadkipper

I have a close family member who is an Irish citizen but up to a year ago had been living in the uk. She and her husband owe approximately 30k in the uk and are now building more debt in Ireland. She seems to be very blind to the mess she is in, her husband is working but she cannot at the moment due to disability. I have been trying to help to advise her but she has told me they cannot get help in Ireland for uk based debts and that they would need to be living in the uk to go bankrupt. Is that the case? She has to a certain extent disappeared from her creditors as she has not given her new address etc to them, she is actually living in a caravan in someone's garden so is not registered for utilities etc. Can the Uk debt collectors find her in Ireland? What is the best way for them to tackle the uk debts?

Finally she has a car which I gave her and is currently registered to my address. The tax has run out and letters are being sent to my address re fines etc. she also has the insurance at my address and has recently had an unpaid DD. I believe (hope) that this should not impact me - is that right?

Thanks for any help.

National_Debtline

Hello there.

Your relative is likely to be regarded as having her 'centre of main interest' in Ireland. This means that she would need to become insolvent in that country. I have little understanding of the insolvency regime in Ireland - but I have heard it is not particularly favourable compared to the rules in England, Wales and Scotland.

Her credit file should not have any bearing on you or your address. Is the vehicle registered in her name with the DVLA? If it is still in your name there could be implications for you.

Hope you find this information useful,

David @ NDL.

Anondebtadvisor

Bankruptcy is Ireland has historically been seen as harsh compared with other countries, however as from December 2013 the legislation has changed to bring bankruptcy in Ireland in line with other European countries.

The overall application costs have reduced from €1450 to €750.

The bankruptcy is no longer advertised in a national newspaper.

You’ll be able to keep household furniture or the tools of your trade, usually to a combined value of €6000.

Homeowners will NOT automatically lose their home should they become bankrupt. If your mortgage payment is deemed to be reasonable and there is no equity in your home there would usually be no reason to require you to leave the property. Even if there is some equity you’ll have the option to find a third party (often a family member) to “buy” this equity so that you can remain in the property.
Importantly, the period of time until you have been discharged from bankruptcy has been reduced from an excessive 12 years to a more reasonable 3 year period.

If your family member declared herself bankrupt in Ireland it would encompass all her debts including those in the UK.

debt_doctor

I wasn't aware of the changes in the Irish BR laws - thanks Anon - and about time too, a very harsh regime.
I agree that the UK debts would be covered by a BR in Ireland.


DD

National_Debtline

debt_doctor wrote: »

I wasn't aware of the changes in the Irish BR laws - thanks Anon - and about time too, a very harsh regime.
I agree that the UK debts would be covered by a BR in Ireland.


DD

Nor me. Great news.

David.

sadkipper

Thanks for the replies. I think the issue is that their debts in Ireland are not that bad (yet) but they are really hiding from their UK ones. Can they easily be traced in Ireland? Unfortunately my relative is a bit of a shopaholic and because things are so bad she keeps spending as she sees no point in paying small amounts off. They had a a house in the UK but this was sold allowing them to pay off their mortgage and I believe/hope their council tax arrears. I think the UK debt is a mixture of credit card and bank loan and so far the Irish debt is credit card. As I mentioned I believe the UK debt to be in the region of £30k and at the moment their creditors have no idea where they are. Their post is still being delivered to their old house in the UK but I guess the new owners may get a bit fed up with that soon.

I really want to try and help her face up to this as I am currently ill with cancer and this is adding to my stress. She comes to see me regularly when I am having treatment - is there any chance at all that she would be identified coming into the country? I don't see how but I don't want to ask her to come if there is any chance something bad will happen to her.

On the car front it is registered to her but she gave the DVLA my address as she was already living in Ireland. She is disabled and the car is adapted so she should be able transfer it into Ireland without paying the import duty but she is still waiting for her medical exemption certificate. In the meantime the tax and MOT have expired on the car and now her insurance direct debit has been refused. I have told her that she won't be insured with no tax/mot and also that the insurance company need to know the car is out of the country for an extended period but she is ignoring this as well

arcon5

Bankruptcy isn't a great option - she needs to get a grip on their finances first