UK Debt When
Moving Abroad |
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by Nicola Bullimore
The
idea of moving abroad to escape debt seems to be more of a common
practice these days. People who have failed businesses or are
swamped in debt believe that moving abroad will give them a fresh
start and allow them to build a new life.
Reading some of the comments on various UK debt forums opinions on
this seem to be divided. Some people think running away from debt
is too much of a risk, and creditors will eventually catch up with
them whilst others encourage the idea, stating that there is no way
you will be found and people should move on and enjoy a new life
free from the responsibilities of debt.
In the past this might have been a successful way to start a new
life without the worry of unpaid debt. However, creditors and
courts alike seem to have caught up with the idea over the last few
years and have taken action to make it more difficult for people to
escape the responsibility of paying the money they owe.
Creditors taking action
Germany and Canada have reciprocal agreements with the UK when it
comes to tracing debtors and debt collection practices. There is
not much information available regarding other countries with such
agreements although a search on the web may reveal more, it is
possible that creditors do not want this information to be readily
available.
A reciprocal agreement in the UK means a UK Court can enforce a CCJ
(County Court Judgment) using the legal system of the other
country. If there is no such agreement in place, a creditor can
sell a debt to an agency in the relevant country and debt recovery
procedures will commence under the law of that land.
Tracing a debtor
The resources available to creditors for tracing a debtor are vast.
Although the resources in some countries may be limited, there are
still ways and means of finding people, especially once the
creditor has some idea of where the debtor has gone. A creditor may
have their own office in that country, or relations with other
credit companies in that area.
Creditors employ a variety of tactics to trace debtors. They may go
to the last known address, talk to the neighbours, family friends
or relatives who could unknowingly tell them of the persons
whereabouts. Once they know which country the debtor is in, their
job is made much easier.
Having resources to trace a debtor or having agreements with other
countries, or even the possibility of selling the debt to an agency
in the appropriate country does not automatically mean that a
creditor will be successful in tracing a debtor. In some cases,
people do get away with it.
A
creditor has a period of 6 years from the last time a person
acknowledged a debt to use the legal system to recover monies.
However, if a creditor has taken legal action on an account, the
debt can be legally recoverable indefinitely.
This means that someone could start a new life abroad and
work hard for the assets they accumulated, only to find a few years
down the line that a creditor has traced them! Everything they have
worked for is put at risk and could be taken from them to repay
their debt.
What are the Options?
Many people who move abroad to escape their debts may not be aware
of the free financial help available. They do not even need to
telephone the UK, as there is free advice and help available on the
web. Just a quick email can put someones mind at rest and make them
realise they are not alone.
There are companies such as FCL Debt Clinic
who offer free financial assessment
and advice. FCL can also refer clients to a Debt Management Company
who charge no fees and can help negotiate affordable monthly
repayments on their clients behalf by setting up repayment plans
with their creditors.
Anyone with a UK bank account or the use of one for
transferring money, with UK debts, can be helped. This way, the
ever-present worry of whether a debt is still around is no longer
there to haunt you.
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