Northern Ireland

jammin_2

rog2 wrote: »

Whilst I agree that 'debt can follow you anywhere' the real issue is whether UK consumer debt can be legally enforced anywhere. For unsecured consumer debt, the answer is no. UK County Court Orders and Judgements have no validity outside of the UK.
Of course Debt Collection Agencies can try to collect UK 'debt' from a debtor who is resident in any country in the world, but they would have no legal powers and payment would be at the discretion of the debtor.

Gotcha. So, if I understand this correctly, my friend could live in Southern Ireland and be safe. Once 6 years have passed from date of default, she could then return to the UK and if and when contacted by a DCA, she could claim that the debt is Statute Barred. If, however, she is then presented with evidence that a CCJ is held against her in relation to this debt, she would have to pay up. Have I got that right?

rog2

jammin wrote: »

Gotcha. So, if I understand this correctly, my friend could live in Southern Ireland and be safe. Once 6 years have passed from date of default, she could then return to the UK and if and when contacted by a DCA, she could claim that the debt is Statute Barred. If, however, she is then presented with evidence that a CCJ is held against her in relation to this debt, she would have to pay up. Have I got that right?

More or less correct, jammin. I need to check how the Limitation Act applies to Northern Ireland - in Scotland the Limitation Period is five years, as opposed to six in England and Wales, but I'm reasonably certain that it is also six years in Northern Ireland.
Basically - provided that a debtor has made no payments to, nor written acknowledgement of, a debt for a period of six continuous years (the Limitation Period) then once the debtor has informed the creditor that he will not be making any payments because the 'debt' is statute barred (the only reason he need give) then the creditor can, no longer, pursue the debt through the courts. There are some exceptions, for example property related debt or mortgage shortfall, but you can get a better explanation by clicking on the following link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Edited to add that, in the case of an outstanding CCJ, providing that the CCJ is less than six years old, she would have to pay, although there are mechanisms, through the courts, to enable her to make payment offers that are within her means. If the CCJ is more than six years old, then the creditor/dca would need to re-apply to the Courts to enforce the Judgement.

jammin_2

Thank you very much for your advice. I shall pass this along. Much appreciated.