need legal advice
#46
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Originally Posted by USBound
legal advice and advice based on experience are VERY different things... I'm guessing from your diatribe you're a lawyer... figures.
If you answer it you can be construed to be giving that advice, regardless of whether it is from personal experience or professional knowledge. You have no more of an idea who they are than I do.
You are guessing wrong.
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#47
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Originally Posted by USBound
You guys are assholes sometimes.
someone comes on here asking for advice and you in your infinite wisdom act as judge and jury in what can only be called a witchhunt.
if the OP wants to ACTUAL Advice in this area PM me, I've been through it and know what its like.
someone comes on here asking for advice and you in your infinite wisdom act as judge and jury in what can only be called a witchhunt.
if the OP wants to ACTUAL Advice in this area PM me, I've been through it and know what its like.
My original post gave advice to the question without judgment but here is some background info. I had and still have some debts in the UK that I am paying off slowly. In my opinion it is the right thing to do. I borrowed the money therefore I need to pay it back. I also went through the full and legal immigration process.
Therefore when someone comes on here trying to "beat or cheat" the system it does tend to piss me off. I can't speak for everyone else but maybe it has the same effect on them.
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#48
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Forgetting the logic and moral question for a minute. On what legal basis would *any* credit agency be able to collect? Credit collection companies can only act on behalf of the original contract since it is ONLY and WILL ONLY EVER be the 2 parties to the original contract that have a right to sue/counter sue/claim against a contract.
All the scare mongering in the world will not change that legal fact.
I am not a lawyer but don't think I'm wrong on the above points.
In other words, if you completely IGNORE the "new" collection agency, they can't sue you or take you to court. PERIOD. SInce your legal contract is with a UK company, it is ONLY UK law that can apply. Period. No US court is going to be able to (or want to) interpret a foreign contract and thus, it's irrelevant.
If you want to take the Moral right ground and you owe the money in all fairness, you should pay it.
All the scare mongering in the world will not change that legal fact.
I am not a lawyer but don't think I'm wrong on the above points.
In other words, if you completely IGNORE the "new" collection agency, they can't sue you or take you to court. PERIOD. SInce your legal contract is with a UK company, it is ONLY UK law that can apply. Period. No US court is going to be able to (or want to) interpret a foreign contract and thus, it's irrelevant.
If you want to take the Moral right ground and you owe the money in all fairness, you should pay it.
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#49
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Originally Posted by USBound
and she could get it thrown out in about 5 seconds simply by saying... i didn't have the money to pay it at the time and the US offered a more obvious way to get that money. Circumstances changed and I was unable to honor the debts even with the change of country.
all gone... AWP suddenly has no case.
trust me, been there... had exactly that accused and said exactly that to get it thrown out.... it helps sometimes when its the truth and not just angry venting.
all gone... AWP suddenly has no case.
trust me, been there... had exactly that accused and said exactly that to get it thrown out.... it helps sometimes when its the truth and not just angry venting.
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#50
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Originally Posted by USBound
ahh.. the joys of international finance... almost all large sums of money are insured. This loan may or may not be a large sum in itself but it definitely came from a large sum probably borrowed from a large parent fund with a frontloaded interest in the form of insurance.
But not Insurance in the commonly used format relating to Credit Insurance.
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Originally Posted by stepowell
guys
My wife left the Uk moving back the the U.S. She left her unpaid loan in the U.K and she is now getting letters to her in the U.S saying they are going to pass to a collection agency. My question is , if she has left the country will they be able to collect the debt ?
My wife left the Uk moving back the the U.S. She left her unpaid loan in the U.K and she is now getting letters to her in the U.S saying they are going to pass to a collection agency. My question is , if she has left the country will they be able to collect the debt ?
BTW, why the hell did you give them the US address?
Try a more specialist (and less Puritan!) forum such as CreditBoards for more insight.
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Originally Posted by dan_alford
And there is allways someone here who thinks everyone is an asshole when responding negativly to an ethically or legally dubious question.
My original post gave advice to the question without judgment but here is some background info. I had and still have some debts in the UK that I am paying off slowly. In my opinion it is the right thing to do. I borrowed the money therefore I need to pay it back. I also went through the full and legal immigration process.
Therefore when someone comes on here trying to "beat or cheat" the system it does tend to piss me off. I can't speak for everyone else but maybe it has the same effect on them.
My original post gave advice to the question without judgment but here is some background info. I had and still have some debts in the UK that I am paying off slowly. In my opinion it is the right thing to do. I borrowed the money therefore I need to pay it back. I also went through the full and legal immigration process.
Therefore when someone comes on here trying to "beat or cheat" the system it does tend to piss me off. I can't speak for everyone else but maybe it has the same effect on them.
If the OP had asked "can we contact a UK creditor and offer to pay off the outstanding debt at an amount we can afford on a weekly/monthly basis" A very different answer would have been offered.
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Originally Posted by franc11s
Forgetting the logic and moral question for a minute. On what legal basis would *any* credit agency be able to collect? Credit collection companies can only act on behalf of the original contract since it is ONLY and WILL ONLY EVER be the 2 parties to the original contract that have a right to sue/counter sue/claim against a contract.
All the scare mongering in the world will not change that legal fact.
I am not a lawyer but don't think I'm wrong on the above points.
In other words, if you completely IGNORE the "new" collection agency, they can't sue you or take you to court. PERIOD. SInce your legal contract is with a UK company, it is ONLY UK law that can apply. Period. No US court is going to be able to (or want to) interpret a foreign contract and thus, it's irrelevant.
If you want to take the Moral right ground and you owe the money in all fairness, you should pay it.
All the scare mongering in the world will not change that legal fact.
I am not a lawyer but don't think I'm wrong on the above points.
In other words, if you completely IGNORE the "new" collection agency, they can't sue you or take you to court. PERIOD. SInce your legal contract is with a UK company, it is ONLY UK law that can apply. Period. No US court is going to be able to (or want to) interpret a foreign contract and thus, it's irrelevant.
If you want to take the Moral right ground and you owe the money in all fairness, you should pay it.
A 3rd party offering advice on how to avoid payments is an entirely different matter though and is infact conspiricy to defraud.
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#54
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Originally Posted by franc11s
Forgetting the logic and moral question for a minute. On what legal basis would *any* credit agency be able to collect? Credit collection companies can only act on behalf of the original contract since it is ONLY and WILL ONLY EVER be the 2 parties to the original contract that have a right to sue/counter sue/claim against a contract.
All the scare mongering in the world will not change that legal fact.
All the scare mongering in the world will not change that legal fact.
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Originally Posted by USBound
and she could get it thrown out in about 5 seconds simply by saying... i didn't have the money to pay it at the time and the US offered a more obvious way to get that money. Circumstances changed and I was unable to honor the debts even with the change of country.
all gone... AWP suddenly has no case.
trust me, been there... had exactly that accused and said exactly that to get it thrown out.... it helps sometimes when its the truth and not just angry venting.
all gone... AWP suddenly has no case.
trust me, been there... had exactly that accused and said exactly that to get it thrown out.... it helps sometimes when its the truth and not just angry venting.
So it's OK to borrow money and not pay it back as long as you've got a good enough excuse for the court?
If I were the OP, I'd call the creditors/debt collector, and organise repayment, even if it's only a few dollars a week.
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#56
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Originally Posted by USBound
and she could get it thrown out in about 5 seconds simply by saying... i didn't have the money to pay it at the time and the US offered a more obvious way to get that money. Circumstances changed and I was unable to honor the debts even with the change of country.
all gone... AWP suddenly has no case.
trust me, been there... had exactly that accused and said exactly that to get it thrown out.... it helps sometimes when its the truth and not just angry venting.
all gone... AWP suddenly has no case.
trust me, been there... had exactly that accused and said exactly that to get it thrown out.... it helps sometimes when its the truth and not just angry venting.
Honour has a U in it.
But I doubt if there is anything honourable involved here.
Now if there the question was "I left the UK with debts that I wish to bring to a resolution, how do I best go about coming to an arrangement and settling my debts now that I am in the US?"
Well that would be a different thing, this as stated is all about doing a runner.
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Originally Posted by franc11s
Forgetting the logic and moral question for a minute. On what legal basis would *any* credit agency be able to collect? Credit collection companies can only act on behalf of the original contract since it is ONLY and WILL ONLY EVER be the 2 parties to the original contract that have a right to sue/counter sue/claim against a contract.
All the scare mongering in the world will not change that legal fact.
I am not a lawyer but don't think I'm wrong on the above points.
In other words, if you completely IGNORE the "new" collection agency, they can't sue you or take you to court. PERIOD. SInce your legal contract is with a UK company, it is ONLY UK law that can apply. Period. No US court is going to be able to (or want to) interpret a foreign contract and thus, it's irrelevant.
If you want to take the Moral right ground and you owe the money in all fairness, you should pay it.
All the scare mongering in the world will not change that legal fact.
I am not a lawyer but don't think I'm wrong on the above points.
In other words, if you completely IGNORE the "new" collection agency, they can't sue you or take you to court. PERIOD. SInce your legal contract is with a UK company, it is ONLY UK law that can apply. Period. No US court is going to be able to (or want to) interpret a foreign contract and thus, it's irrelevant.
If you want to take the Moral right ground and you owe the money in all fairness, you should pay it.
As to whether they can collect on a UK debt, I have no idea, but they can use the info to trash a credit rating here.
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Originally Posted by anotherlimey
So it's OK to borrow money and not pay it back as long as you've got a good enough excuse for the court?
in this circumstance its not only OK not to pay it back... its damned sensible.
does it have consequences, yes. Is it somehow immoral... no.
to do so on purpose could be construed as such but to prove it is very difficult.
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Originally Posted by fatbrit
I think not! Notes are traded all the time.
Also, isn't there a 7 year limit on UK debts so after 7 years, the OP can return scott free.
I may be wrong, I ain't a lawyer but I do know how hard it is to collect debts from "within" the US !
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Originally Posted by franc11s
Of that I agree. The question though then arises re the juristiction of the debt, no? Most people are scared into paying to avoid further confrontation. I wonder if any ever get to courts...
Also, isn't there a 7 year limit on UK debts so after 7 years, the OP can return scott free.
I may be wrong, I ain't a lawyer but I do know how hard it is to collect debts from "within" the US !
Also, isn't there a 7 year limit on UK debts so after 7 years, the OP can return scott free.
I may be wrong, I ain't a lawyer but I do know how hard it is to collect debts from "within" the US !
There's also a seven year limit on US credit histories (and --usually shorter-- state-specific SOLs) to play with. However, if you pay a single penny back after 6.99 years arguing about it, the clock resets -- beware!
One thing that would interest me about this case is that US companies get to hit you with the tax when they write off the loan. For example, say you default on $10k, then they tell the IRS your income has just gone up $10k year in the year they write it off, and the IRS taxes you on it! Tax is much more difficult to avoid! Would be interested to know if they could pull this trick as well.
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