Living In USA with £70K of Unsecured UK Debt... HELP!!!

withoutapaddle

I did make efforts to repay the debts and when I realized I was in trouble I did seek help. I contacted every single company I owed money to and explained my situation.

I offered them a token payment each month based around my income and expenditure. However, this only kept them happy for a time and pretty soon I was getting a lot of phone calls and debt collectors calling at my home.

I was advised to go the bankruptcy route but like so many people thought my life would end if I did so. It's a great pity I didn't do more research at the time as I now know that bankruptcy isn't the end, it's a new beginning.

My move to the states wasn't some well designed plan and it certainly wasn't a meant as a way to permanently avoid my debts. It was more to do with avoiding the DCA than actually avoiding the debts.

I tend to spend a lot of time worrying about things. More so than the average person and so having people call my home constantly and visit asking for money I simply didn't have put a lot of pressure on me. Considering the fact I suffer from Social Phobia it's a wonder I didn't have a nervous breakdown at the time.

Anyway, being over here hasn't been a picnic. But in the past year I've found ways I can earn an income from home and although this is not enough at the moment, it is increasing. So there is some hope.

All I want to do now is make sure I deal with the debts in the right way and as soon as possible so I don't waste any more time. I think bankruptcy is the answer to my debt problems and will be pursuing this route.

Thanks to everyone for replying and not being too judgmental. .

chappers

Personally speaking i would return to the Uk if that is what you want to do and then deal with the debts on an individual basis as and when or if they catch up with you.
If you want to check your credit file and the extent/status of these debts then use your last uk address as your current address and put in any other addresses you have had in the uk for 6 years prior to now.This should pull up all of the outstanding debts on your file. However if any CCJs were issued prior to the 6 years then they would no longer show up.

jammin_2

Or you could move to Ireland..

BAILIFFCHASER

If the op wants to go bankrupt then he is better staying put in the usa and then returning after the 6 years are over but at the same time what if default judgements have been obtained by the dcas etc that are still not past the 6 years ?

fermi

Bankruptcy would override any judgments obtained. Although I'm not quite sure that is what you mean.

rog2

BAILIFFCHASER wrote: »

If the op wants to go bankrupt then he is better staying put in the usa and then returning after the 6 years are over but at the same time what if default judgements have been obtained by the dcas etc that are still not past the 6 years ?

As has already been stated - if the OP remains in the USA for another 3 years, provided there has been no written contact, by him, to his creditors, or payments towards those 'debts' then they will be 'statute barred' by then, anyway, thereby negating the 'need' for bankruptcy.
As the op lives in the States he is unlikely to be able to petition for UK bankruptcy unless he returns to the UK with the sole intention of petitioning for his bankruptcy - a 'bankruptcy', by the way, which would not write off his 'student debts', although these would be covered by the Consumer Credit Act, 1974, and providing the criteria were met, would become statute barred, and therefore unenforceable, on the expiry of the six year limitation period.
As the op has already stated that he is, or will be, unable to pay his UK debts it is extremely difficult to know what to reccomend for the best.

BAILIFFCHASER

fermi wrote: »

Bankruptcy would override any judgments obtained. Although I'm not quite sure that is what you mean.

In the sense if the op returns after the stat barred period and does not consider going br.

fermi

BAILIFFCHASER wrote: »

In the sense if the op returns after the stat barred period and does not consider going br.

I see. As it was one long statement, it didn't read like that at all.

Lost_Ark

rog2 wrote: »

These are 'unsecured debts' for which there is a six year limitation period. Under the terms of the Limitation Act, 1980, providing that a debtor has niether acknowledged the 'debt' in writing, nor made any payment towards the debt, for a continuous period of six years (the Scottish Limitation and Prescription Act gives a limitation period of five years in Scotland) then that 'debt' can no longer be pursued through the courts.
Of course this does not mean that the 'debt' will disappear, but, providing you tell the creditor, or dca, that you will not be making any further payments towards that 'debt' because it is 'statute barred' (the only reason you need give) then they can not pursue it through the courts and should cease all other attempts, such as 'appealing to your moral duty', to pursue the 'debt'.
For information about your liability for debts and the limitation act, have a look at the following link:

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

It is, also, worth pointing out that, should any of your creditors take action, through the County Courts, any resultant CCJ can not be enforced outside of the UK.

Equally a 'Debt Collector', whether UK or USA based, would have no legal powers whatsoever to 'enforce UK debt' in the USA. They can only ask you if you would like to make any payment towards the 'debt'.

so whats your saying if you leave the country with debt of 70k, they will no t be able to collect the debt just right you a letter...how true.... I got a debt of 80k including secured loan.....sorry if Iam jumping....:eek:

rog2

Lost_Ark wrote: »

so whats your saying if you leave the country with debt of 70k, they will no t be able to collect the debt just right you a letter...how true.... I got a debt of 80k including secured loan.....sorry if Iam jumping....:eek:

I'm sorry, Lost Ark - I seem to have missed the point of your post