Big D

Thats how long it takes for UK BK to come off your credit history?

Big D

Not if you shout about it on a public forum, as has been done on here a few times. And the limited responses by the OP indicate that this is deliberate - albeit that there may be extenuating circumstances

valscot

Just pay it and suck it up to experience. In case you haven't noticed your credit score is as important as your immigration status. Cunning these computerised records or not, it isn't called the world wide web for nothing. They do do international credit checks.
Is your wife still with you? Only asking as this could give you trouble in the future.

gardnma

Actual legal advice needed here please, I'm really worried:



I have a book borrowed from the Keynsham public library in 1974. It is still in good condition and only has one roach burn on the cover. If I were to return it with an apology would that be OK? Should I instead change my name to Doris and move to Brazil?

workboresme

Karma flying your way for making me choke on me PG Tips!

Angry White Pyjamas

Well, Doris, I hear Rio is nice this time of year.

BigDavyG

Well, no one has exactly covered themselves in glory here, have they

valscot

I once called 999 when I was 9 asking for HONG KONG PHOOEY, number one super guy.. needless to say I got caught. This incident was never officially recorded.. aay back in the days, my Mums handprint tatooed on my you know what for days to come. Will this hinder my application for citizenship?

Bob

Speaking of that, the missus just bought a book for class, from half.com the ebay book store, weren't cheap, but cheaper than amazon...turned out to be a library book, some cheeky crunt was having a laugh as it was a $65 book, new.

Kate2112

Thank you oh wise one

RoadWarriorFromLP

Firstly, allow me to qualify my response:

-I don't condone stiffing anyone for a legitimate bill. If she's owes it for a fair reason, then I'd pay it on principle.
-I'm not a lawyer
-I'm not familiar with UK law
-But I am familiar with US debt collection practices and credit reporting law (had a part-time collections gig while I was a college student)

With that in mind:

-Whether or not you're in the UK, it would make sense that the laws of the UK apply to the debt within the bounds of the UK (and perhaps the EU). So, for example, if your UK credit report indicates black marks for lack of payment, charge off, etc., that's true whether or not you're still physically in the UK. The creditor maintains its right to collect the debt and to report your non-payment, even if you've left.

-However, the creditor shouldn't be able to report it to US credit bureaus (even if it is Experian -- the UK branch is seperate from the US one). The Fair Credit Reporting Act dictates what can appear on your US credit report, and the Fair Debt Collections Practices Act determines what can be collected and the means by which it can be collected in the US. A foreign creditor wouldn't have jurisdiction in the US.

Bottom line, do your own research to confirm this, but you should likely be able to avoid paying the bill if you so choose, if you don't mind suffering the consequences that would be suffered on your UK records and assets. They can send you letters to the US, day in and day out, but there isn't much they can do to you in the US if you choose not to pay -- the US is a sovereign nation (don't laugh, it's true), and your creditor's dispute remains in your home country.

However, the laws of the UK would apply on any assets that you have in the UK, and while you are in the UK (although if it's similar to the US situation, then I suspect all they can do is screw up your credit and perhaps put liens on your property, but again, I don't know UK law.)

Re: fraud, fraud is extremely difficult to prove under US law, and failure to pay a bill does not alone serve as prima facie evidence that you intended to commit fraud. Except for unpaid taxes, unpaid debts in the US are a civil, not criminal, matter unless there is fraud or some other crime involved, which is almost never the case. Your credit record could be harmed and you could be sued in civil court for what you owe, but you're of no risk of going to jail for it.

This link from About.com isn't great, but you'll get the idea: http://experts.about.com/q/Collectio...t-owing-Uk.htm

scrubbedexpat099

It is all about the law of contract and the jurisdiction if any written into the contract.

It is quite possible that the contract specified UK jurisdiction.

But that would not restrict where it could be enforced, only the legal system that would govern disputes.

Whether the contract was assignable would also be an issue governed by its conditions. Otherwise the lendor would need to appoint agents.

Angry White Pyjamas

You misinterpret what I said about fraud. The fraud isnt the original intent to not pay the moneys....that would be a civil matter and getting a criminal intent would never stick. What I was talking about was the consipiracy to commit fraud that occurs when two or more people discuss how to avoid the payments now. Consipiracy cannot be commited if the only parties to the discussions are spouses but as soon as a 3rd party enters the discussion consipiracy has been commited, regardless of final intent.

So, as soon as they posted a request for advice and someone answered it on how to avoid payments, consipiracy to defraud has been commited. Thats why you should be careful.

RoadWarriorFromLP

I do think that you're out on a limb on that one. Proving fraud carries a much higher bar to hurdle than that, and asking about the implications of not paying a bill is alone not conspiracy to commit fraud.

From what I've seen in the US, to be convicted of fraud, there would have to be some trail of evidence (possible examples: use of aliases and/or false information to obtain credit, misappropriating funds obtained from the creditor to other purposes not intended under the loan, selling the goods obtained on credit to pocket the cash while skipping out on the payments, etc., etc.) that makes it clear that you never intended to pay or that your use of credit was otherwise under false pretenses. Since it's difficult to prove intent, you need plenty of supporting evidence. (On a professional level, I've been involved in several business litigation cases against parties who breached agreements left and right, but proving criminal fraud would have been next to impossible, despite a laundry list of violations.)

And even if it was fraud, it would in this case be a violation of UK law, not US federal or state law, as the payments are owed to a UK creditor. A UK creditor is not going to have much standing here, being that they can't use US courts to prosecute their claims against you and can't put entries on your US credit report.

scrubbedexpat099

Why not?