Girl with learning difficulties and credit card debt abroad (messy :()

miss_eevans

Bit of a tricky one this one.
My niece, who has autism, accumulated approx £700 on a HSBC credit card and £1500 on an RBS mastercard. She didn't really understand the complexity of what she was getting into, and RBS at least knew she was disabled. She went to stay with relatives in Slovakia in 2010 and has been there ever since. They've been paying the minimum repayments every month since then. She hasn't informed them that she's in Slovakia and statements have continued to be sent to her former UK address.

To cut a long story short, they're no longer able to keep up the repayments. Part of me just wants to tell her to forget about it - she'll never be living in the UK again, and the banks don't know her address in Slovakia...

On the other hand, do you think the banks would reduce/write off her debt with the provision of medical evidence detailing her condition?

She's got herself into a right state reading on the internet about European Enforcement Orders and is convinced that, as she's the legal owner of the house she lives in (inheritance), it'll be taken from her over this debt.

Any advice on how to deal with this awful, messy situation would be greatly appreciated! She's absolutely frantic and is becoming a complete nightmare for her family...

Thanks a lot

Erika

antrobus

miss_eevans wrote: »

....On the other hand, do you think the banks would reduce/write off her debt with the provision of medical evidence detailing her condition?...

Why, does she lack mental capacity in some way? Being autistic, or being disabled for that matter, does not of itself mean that someone is incapable of forming a contract.

miss_eevans wrote: »

....She's got herself into a right state reading on the internet about European Enforcement Orders and is convinced that, as she's the legal owner of the house she lives in (inheritance), it'll be taken from her over this debt. ...

Slovakia is in the EU, so a UK civil judgement would be enforceable there. Slovakia may or may not have, the UK equivalent of charging orders and the suchlike; you'd have to ask a Slovakian lawyer.

Whether or not either RBS or HSBC would think it worthwhile enforcing this debt in Slovakia would be a question only they could answer.

WelshPaul

If she is a home owner I would imagine it wouldn't be that hard to find her? Do they not have a land register in Slovakia?

Those are small debts, but by the time HSBC and RBS sell them on and Debt collection agencies take over the fee's will make those figures almost double. Even if HSBC and RBS decide it's not worth chasing they will no doubt sell on the debt and there are some really nasty debt collection agencies out there.

I would just work to clear the debt, or wait for it to pass on to a debt collector and work out a payment plan with them.

Aquamania

miss_eevans wrote: »

Bit of a tricky one this one.
My niece, who has autism, accumulated approx £700 on a HSBC credit card and £1500 on an RBS mastercard. She didn't really understand the complexity of what she was getting into, and RBS at least knew she was disabled. She went to stay with relatives in Slovakia in 2010 and has been there ever since. They've been paying the minimum repayments every month since then. She hasn't informed them that she's in Slovakia and statements have continued to be sent to her former UK address.

To cut a long story short, they're no longer able to keep up the repayments. Part of me just wants to tell her to forget about it - she'll never be living in the UK again, and the banks don't know her address in Slovakia...

On the other hand, do you think the banks would reduce/write off her debt with the provision of medical evidence detailing her condition?

She's got herself into a right state reading on the internet about European Enforcement Orders and is convinced that, as she's the legal owner of the house she lives in (inheritance), it'll be taken from her over this debt.

Any advice on how to deal with this awful, messy situation would be greatly appreciated! She's absolutely frantic and is becoming a complete nightmare for her family...

Thanks a lot

Erika

Stop making excuses for her.

Tell her she's borrowed the money, she's a big girl now, and she is expected to pay it back ... with interest.

grumbler

MSE's article: Mental Health Debt Guide

grumbler

antrobus wrote: »

Slovakia is in the EU, so a UK civil judgement would be enforceable there. Slovakia may or may not have, the UK equivalent of charging orders and the suchlike; you'd have to ask a Slovakian lawyer.

To enforce something one first has to track the person that is next to impossible in this case.

WelshPaul wrote: »

If she is a home owner I would imagine it wouldn't be that hard to find her? Do they not have a land register in Slovakia?

Do you really think that a UK company will check the Slovakian land register even if it exists? They don't even know if the person is still in UK or moved abroad.
And the OP made it clear that she lives with relatives.

teffers

miss_eevans wrote: »

Bit of a tricky one this one.
My niece, who has autism, accumulated approx £700 on a HSBC credit card and £1500 on an RBS mastercard. She didn't really understand the complexity of what she was getting into, and RBS at least knew she was disabled. She went to stay with relatives in Slovakia in 2010 and has been there ever since. They've been paying the minimum repayments every month since then. She hasn't informed them that she's in Slovakia and statements have continued to be sent to her former UK address.

To cut a long story short, they're no longer able to keep up the repayments. Part of me just wants to tell her to forget about it - she'll never be living in the UK again, and the banks don't know her address in Slovakia...

On the other hand, do you think the banks would reduce/write off her debt with the provision of medical evidence detailing her condition?

She's got herself into a right state reading on the internet about European Enforcement Orders and is convinced that, as she's the legal owner of the house she lives in (inheritance), it'll be taken from her over this debt.

Any advice on how to deal with this awful, messy situation would be greatly appreciated! She's absolutely frantic and is becoming a complete nightmare for her family...

Thanks a lot

Erika

In an actual answer to your question (not always easy to get on here sometimes):

Yes. If the Credit card companies are contacted and shown evidence of a mental health issue, along with a request for a 'Full and Final Settlement' figure (especially point out the debtor isn't returning to the country and cannot settle in full) then it's very likely that they may well accept a reduced payment to settle.

As has been said these are relatively small amounts in the grand scheme of things but the situation needs dealing with pro-actively to avoid further charges etc.

callum9999

grumbler wrote: »

To enforce something one first has to track the person that is next to impossible in this case.
Do you really think that a UK company will check the Slovakian land register even if it exists? They don't even know if the person is still in UK or moved abroad.
And the OP made it clear that she lives with relatives.

Depends what form it's in. If it's a debt collection agency that has experience in chasing debt in other EU countries and can check a computer database relatively easily - why wouldn't they?