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Leaving with debt.

Leaving with debt.

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Old Jun 9th 2006, 1:50 am
  #31  
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Default Re: Leaving with debt.

Originally Posted by Amazulu
Not repaying unsecured debt is not a crime in the UK so therefore you could not be arrested.
Failure to attend bankruptcy proceedings is

I know this because I have requested warrants for a few absconders during my time in the DTI.
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Old Jun 9th 2006, 2:54 am
  #32  
 
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Default Re: Leaving with debt.

Originally Posted by thebears
Failure to attend bankruptcy proceedings is

I know this because I have requested warrants for a few absconders during my time in the DTI.
Yes, however if you effect bankruptcy with a substituted service statutory demand (ie. you didnt actually personally serve it on the person) then you certainly wont get any Court to authorise an arrest warrant. That is usually reserved for people who are in the process of absconding with the intention of avoid bankruptcy or disposing or concealing of assets with a view to hiding them from the Official reciever. Its a very select few that get warrants issued and the creditor must have some prospect of actually recovering some money to even bother. Court proceedings and applications cost money.

And in answer to a previos post, yes you can get a CCJ issued against you even if the papers are not served upon you as you are out of the country. However, since the judgement would have been obtained against you without your knowledge then as soon as you did become aware then you may have it struck out by the Court and the creditor must start the proceedings again if they wish.

This thread comes up a few times and realistically if someone has the balls enough not to pay a debt and leave with no forwarding address the chances are that you will get away with it. Ethics aside, a small percentage probably will need to settle the debt because of the particular type of debt and individual circumstances but many wont and like it or not they wont have to pay it back.
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