Need IVA provider support - complicated case

Grumpelstiltskin

The unsecured debt is only in the name of the person who took the debt out. I guess yours is in your name only, so no problems for your children.

If the debt was taken out in either England or Wales it becomes statute barred after 6 years of a default ( If it was taken out in Scotland that happens in 5 years ).

So if you intend staying in Spain for 6 years then if you come back, no problem.

Like I said make sure you don't have any money in any accounts that are with the same banking group.

miasuqu

@ras what would you recommend? 

RAS

miasuqu said:

@Grumpelstiltskin I did go that route could this impact any of my children if they move back to the UK in the future (still dont think this an option for me but wondering) 

Consumer debt belongs to a person not to a property or to their descendants. Not issue if they move back.

sourcrates

UK consumer credit debts are just not enforced abroad, its something that just doesn't happen.

We see posts on here about foreign debt collectors chasing debts from Europe, they send texts and letters to try and get you to pay, but the actual route they would have to take to enforce these debts is quite costly and complicated and with little chance of success, even with court judgements you simply can`t make someone pay who doesn't want too.

The same applies to those living abroad with UK debts, let me just describe in simplistic terms the process a UK based creditor would have to go through in order to get a debt you owe in the UK enforced in Spain.

Brexit has thrown a massive spanner in the works regarding jurisdiction, it is possible to collect a UK debt in Spain, but it may involve legal proceedings in both countries. To initiate debt collection in Spain, you may need to establish the jurisdiction under which the debt can be enforced to determine whether Spanish courts have jurisdiction over the debt or UK courts.

It can be a lengthy drawn out process, and to be honest, defaulted debts in the UK are just sold to debt purchasing companies who operate a blanket "numbers" approach to debt collection, if collection activity fails, they normally just move on to the next debtor, they may obtain a CCJ by default against you, but these just sit on your UK credit file and don`t get enforced.

They buy debts at a fraction of their face value and aim to make a profit on the purchase price, chasing debts worldwide would take away any profit they might make, so it just doesn't happen, honestly you can walk away from this with little or no repercussions at all, that may not sit right with you, but that`s the way things are.

Grumpelstiltskin

The OP said earlier that the largest debt is £11K, so others smaller. No UK creditor is going to even think about starting action in 2 countries for such relatively small amounts.

As I said just make sure you don't have any money anywhere they can grab and carry on with your new life.

fatbelly

You've dodged a bullet and the only loser if you don't go ahead with this is that IVA firm who were looking to extract several thousand from you

miasuqu

Thanks all - what happens if I need to travel to UK for work? My company has moved me to the Spanish entity but I may adhoc need to return for meetings to the UK office 
Can they contact my company? Would I have issues coming to the UK? I hold an EU passport 

RAS

Unlike Dubai, no-one in the Border Office knows anything about your consumer debt, not even CCJs. 

Unless your employer does credit checks, they know nothing. Even then if they do, the only possible issue might be CCJs which are reported on a public register. Obviously, if that happens " argh, they must have sent the paperwork to my old address, whoops."

If they contact your employer, they are for the high jump under privacy laws.

Grumpelstiltskin

When you land in the UK just walk through passport control with your head held high and just remember you won't be the only person on that plane with UK debts.

sourcrates

miasuqu said:

Thanks all - what happens if I need to travel to UK for work? My company has moved me to the Spanish entity but I may adhoc need to return for meetings to the UK office 
Can they contact my company? Would I have issues coming to the UK? I hold an EU passport 

You are way overthinking this situation, no one will know of your debts, debt is a civil matter here, so nothing to do with any authority, or Government agency.

We also have data protection laws which see to it your information stays private, Great Britain for all its faults, is a democratic nation, unlike some I could mention where the penalties for debt are extreme to say the least.

You will have zero issues coming back here.