peregrine

Dunroving, I don't know why I've upset you, but if I have I apologise. As I explained, I didn't realise there was a site search and if that offends you, I also apologise for that.
When did you tell me like it is? I asked 2 questions and as far as I can see you haven't even tried to answer them. All you've done is decided that I'm trying to avoid paying these debts, which I'm not, and getiing whingy because of the "telling it like it is", which I'm not. Just finding it a bit strange that I look at a forum where many people ask advice on a multitude of subjects and you're right, get decent and good natured answers, but I ask a couple of questions, I get "grow up", etc. I shall repeat that I never once said that I have no intention to repay the debts.
"Don't expect sympathy from everyone". Not looking for sympathy, just looking for some good honest advice from good honest people. Sorry again if this offends you.

Bob

You not able to pay quaterly instead of monthly? Save on the transfer fees and the like...never know, might be worth asking?

dunroving

Well, for a start you called me an arsehole - I don't think I used that kind of language on you, I was just up front with you.

Just to show I'm not a complete arsehole, look here: http://britishexpats.com/forum/showthread.php?t=105504 for a previous thread which I think you'll find enlightening. You'll see a post from me partway down with links to two other similar threads. I believe the second of these threads might be a little too much for you as it contains some pretty damning condemnation of people who don't accept responsibility for their debts. So, it comes with a parental warning.

Before you go calling me an arsehole again, please read through the entirety of these threads to get a better perspective of who I am - and if you still think I'm an arsehole after that, fair enough.

peregrine

Dunrovin,

I never at any time called you an Arsehole, you'll find that this is what I replied to Brit Vic
"Thanks Brit Vic, I'm sure I'll get it all sorted through time. As for arseholes, ah well, each to their own eh? Life's too short."
If you take from that that I meant you then thats up to you.
As I say, I asked 2 civil questions and you took it upon yourself to call me lazy, say I was whining and that I didn't follow the way of getting out. Well if thats the way you see the situation with the minimum of facts thats fine by me.
I'm not on here for an argument. I just happened across this site as I'm new to the web and thought it might be good to "chat" to fellow expats and maybe get some help along the way.

rincewind

Nice one

Bob

Hehe...aye, nice pic

peregrine

Thanks for that Bob. It has never been offered but I will ask, nothing to lose and will save me quite a few $$$$$$

dunroving

You're welcome. It only took me about 10 minutes to find those old threads for you. Glad to help.

Duncs

I am not trying to undermine other comments but actually:

1. No.

2. this is not possible. Debt liability can not be transferred from the UK to a US company, this is not legally possible.

On the wider issue of dealing with debts i suggest strongly you check out other previous posts. I am not starting a new discussion on this issue as i am tired of it.

I suggest you refuse payment to the ILL company unless they produce evidence of a UK court order and the subseqeunt US court order for enforcement of this order in your current state jurisdiction.

You should also take steps to resolve the debt in the UK before it ends up as a CCJ registered against you and buggers your credit for 6 years.

dunroving

Hey, Duncs, I was hoping you'd jump in at some point. Haven't seen you too much lately. Are they treating you all right at Harvard?

Duncs

Nice of you to ask. Its ok. Lots of nice interesting folks, including a good few other Brits. Course can be a bit tedious at times especially all the mathematics.

I didnt want to have another major discussion on the ethics of paying or not paying debts but i felt it was important to clarify the issue of whether debts could be easily transferred. It is important to remember that the foundation of all debt liability is in contract law. In that way it operates on a jurisdiction by jurisdiction basis and its usually only enforceable in the jurisdiction in which the contract was made unless the agreement specifically states otherwise ie a term that says the law of england and wales applies to a contract made in scotland etc. Enforcement overseas is a really big hassle and people have a major piece of leverage available to them if they use the fact of their non Uk residence. However i do not advocate putting your head in the sand debts generally wont just go away if you ignore them and in many cases the 6 years limit in the statute of limitations can be avoided by simplying getting summary judgement. this is easy enough if no defendant appears to enter a defence to a writ and then you sit on your judgement until the person comes home or you move to enforce in the USA(hassle and expensive to do but possible).

It seems best to be precise though in these matters so just trying to help.

Big D

Might be something to do with the fact that MBNA is an American company that they have tracked you down? Seems a bit dodgy thought selling UK debt to US company! Proper legal advice would be the best way to go I reckon

Duncs

Dodgy and impossible. What kind of idiot buys a non enforceable contractual liability? Transfer of debts works by selling the contractual liability to another party for a reduced fee on the debt amount, usually around 5% of the total debt by the way. MBNA is a multinational is UK operation is a seperate legal entity registered as a company in the UK. It cannot legally transfer information or debts between its UK and USA arms. doesnt mean they dont try though i suppose. Seriously tell the US company to **** off and sort out your debts with MBNA UK.

peregrine

Thanks Duncs and everyone else. Been really helpful. When the US company called, I asked them to call me back the next night as I was in the middle of something. They never called back.....strange. Maybe they were just chancing their arm.

I have been in touch with the CC companies since I made the original post and offered payments. Just waiting for them to accept or decline.

Thanks again.

Just Jenney

I don't know -- I think Big D has a point here.

MBNA is a US company with its international headquarters in Delaware with several overseas operations, including in the UK. Ultimately MBNA is a US bank, so it's not too far-fetched that they made an internal decision to charge off this account and sell it to a 3rd party debt collector in the States, where the OP is now living.

To answer the OP's question, "Is it legal to sell my debt and info to a US company?" -- my answer would be yes, I believe it is, since MBNA is a US bank, and you currently live in the US.

FWIW, I opened an MBNA (US) account last year, and when I asked if I could transfer a balance from my husband's British credit card account, I was told yes -- as long as his account wasn't with MBNA (UK). If it was then that would be considered an internal balance transfer, which MBNA (and most credit card companies) doesn't allow. The fact that my account was MBNA (US) and his was MBNA (UK) was irrelevant -- MBNA=MBNA.

~ Jenney