UK to US debt questions
Aug 24th 2011, 4:05 pm
#1
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Joined: Aug 2011
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UK to US debt questions
Hi,
I've read a few threads about this but want to check I understand the law correctly. If anyone can look at the following statements and confirm that they are correct I would be extremely grateful. NOTE - I've tried to give all the information I think is relevant whilst staying anonymous... If you need to ask anything please do so.
A family member recently moved to the US and got married (to a US citizen) and now has a permanent VISA (not sure exactly what it's called) to live and work within the US. The person intends to stay in the US permanently (or at least for the foreseeable future). When the person left the UK they had (and still have) several thousand pound in debts - some in a bank overdraft and some in credit card debts. Since the leaving date they have been juggling the debts/payments to essentially tread water with them while awaiting a Social Security Number (to work) and to find a job.
As I understand the law the person could just default on the debts and the companies wouldn't be able to do anything, even if they could track this person down.
My reasoning -
As they don't live in the UK the companies can't obtain a CCJ legally (although they might still obtain one using old addresses).
Without a legal CCJ they would be unable to go through the UK->Canada->US route to bring successful court proceedings.
Am I right? Or, if not, what have I misunderstood from previous threads?
Thanks
to anyone who reads / offers help
I've read a few threads about this but want to check I understand the law correctly. If anyone can look at the following statements and confirm that they are correct I would be extremely grateful. NOTE - I've tried to give all the information I think is relevant whilst staying anonymous... If you need to ask anything please do so.
A family member recently moved to the US and got married (to a US citizen) and now has a permanent VISA (not sure exactly what it's called) to live and work within the US. The person intends to stay in the US permanently (or at least for the foreseeable future). When the person left the UK they had (and still have) several thousand pound in debts - some in a bank overdraft and some in credit card debts. Since the leaving date they have been juggling the debts/payments to essentially tread water with them while awaiting a Social Security Number (to work) and to find a job.
As I understand the law the person could just default on the debts and the companies wouldn't be able to do anything, even if they could track this person down.
My reasoning -
As they don't live in the UK the companies can't obtain a CCJ legally (although they might still obtain one using old addresses).
Without a legal CCJ they would be unable to go through the UK->Canada->US route to bring successful court proceedings.
Am I right? Or, if not, what have I misunderstood from previous threads?
Thanks
to anyone who reads / offers help
Last edited by UKSteven; Aug 24th 2011 at 4:47 pm.
Aug 24th 2011, 4:07 pm
#2
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,181
Re: UK to US debt questions
Hi,
I've read a few threads about this but want to check I understand the law correctly. If anyone can look at the following statements and confirm that they are correct I would be extremely grateful. NOTE - I've tried to give all the information I think is relevant whilst staying anonymous... If you need to ask anything please do so.
A family member recently moved to the US and got married (to a US citizen) and now has a permanent VISA (not sure exactly what it's called) to live and work within the US. The person intends to stay in the US permanently (or at least for the foreseeable future). When the person left the UK they had (and still have) several thousand pound in debts - some in a bank overdraft and some in credit card debts. Since the leaving date they have been juggling the debts/payments to essentially tread water with them while awaiting a Social Security Number (to work) and to find a job.
As I understand the law the person could just default on the debts and the companies wouldn't be able to do anything, even if they could track this person down.
My reasoning -
As they don't live in the UK the companies can't obtain a CCJ legally (although they might still obtain one using old addresses).
Without a legal CCJ they would be unable to go through the UK->Canada->US route to bring successful court proceedings.
Am I right? Or, if not, what have I misunderstood from previous threads?
Thanks to anyone who reads / offers help
I've read a few threads about this but want to check I understand the law correctly. If anyone can look at the following statements and confirm that they are correct I would be extremely grateful. NOTE - I've tried to give all the information I think is relevant whilst staying anonymous... If you need to ask anything please do so.
A family member recently moved to the US and got married (to a US citizen) and now has a permanent VISA (not sure exactly what it's called) to live and work within the US. The person intends to stay in the US permanently (or at least for the foreseeable future). When the person left the UK they had (and still have) several thousand pound in debts - some in a bank overdraft and some in credit card debts. Since the leaving date they have been juggling the debts/payments to essentially tread water with them while awaiting a Social Security Number (to work) and to find a job.
As I understand the law the person could just default on the debts and the companies wouldn't be able to do anything, even if they could track this person down.
My reasoning -
As they don't live in the UK the companies can't obtain a CCJ legally (although they might still obtain one using old addresses).
Without a legal CCJ they would be unable to go through the UK->Canada->US route to bring successful court proceedings.
Am I right? Or, if not, what have I misunderstood from previous threads?
Thanks
to anyone who reads / offers help 
to just bale out from his responsibilities and ignore the agreement he signed when he acquired the debt?Nice one...
Aug 24th 2011, 4:18 pm
#3
Lost in BE Cyberspace
Joined: Jan 2008
Posts: 41,518
Re: UK to US debt questions
It seems to be more socially acceptable than looting.
A lot of people on the Oz part of the forum seem to have done this, many confidently say that if you stay away for a certain number of years (7?) you're OK, sorry your family member is OK.
A lot of people on the Oz part of the forum seem to have done this, many confidently say that if you stay away for a certain number of years (7?) you're OK, sorry your family member is OK.
Aug 24th 2011, 4:23 pm
#4
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Joined: Aug 2011
Posts: 8
Re: UK to US debt questions
2) I'm not advising them to do anything, I will just lay out the options but I want to know the information I give is accurate.
3) I have no interest whether you, or anyone else for that matter, approves. I would just like to know if I understand the law correctly.
PS. I've kept the whole post anonymous so I don't understand why anyone would think I would bother substituting 'me' for a 'member of my family'. If it was my debt I would just say so because the whole post is anonymous...
Aug 24th 2011, 4:28 pm
#5
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Joined: Mar 2010
Location: Phoenix, AZ
Posts: 8,106
Re: UK to US debt questions
The question might be whether you are prepared to be hounded by debt collectors for seven years while your family member is off sunning him/herself. Whether it is legal or not for debt collectors to pester family members doesn't matter, I've not known such thugs to be particularly law abiding.
Aug 24th 2011, 4:35 pm
#6
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Re: UK to US debt questions
The question might be whether you are prepared to be hounded by debt collectors for seven years while your family member is off sunning him/herself. Whether it is legal or not for debt collectors to pester family members doesn't matter, I've not known such thugs to be particularly law abiding.
I'm very doubtful that the person would do what I am asking about anyway (which is default and ignore the debts) but I want to give them all the options and be clear in my own mind that I am not misinforming them.
PS. None of the companies know that the person left the UK around 1 year ago.
Aug 24th 2011, 4:38 pm
#7
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Location: Phoenix, AZ
Posts: 8,106
Re: UK to US debt questions
Yeah I know that this is likely to happen. It's a close member of my family that I would do anything for, so I'm gladly willing to accept it if this is the option that the person takes.
I'm very doubtful that the person would do what I am asking about anyway (which is default and ignore the debts) but I want to give them all the options and be clear in my own mind that I am not misinforming them.
PS. None of the companies know that the person left the UK around 1 year ago.
I'm very doubtful that the person would do what I am asking about anyway (which is default and ignore the debts) but I want to give them all the options and be clear in my own mind that I am not misinforming them.
PS. None of the companies know that the person left the UK around 1 year ago.
Aug 24th 2011, 4:39 pm
#8
Septicity
Joined: May 2004
Posts: 23,762
Re: UK to US debt questions
The question might be whether you are prepared to be hounded by debt collectors for seven years while your family member is off sunning him/herself. Whether it is legal or not for debt collectors to pester family members doesn't matter, I've not known such thugs to be particularly law abiding.
Aug 24th 2011, 4:41 pm
#9
Septicity
Joined: May 2004
Posts: 23,762
Re: UK to US debt questions
You're never going to get a definitive answer since one doesn't exist. However, for a relatively small amount of debt and a person who makes the right choices at the right time, I'd say they have a good chance of avoiding the debt.
Aug 24th 2011, 4:45 pm
#10
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Re: UK to US debt questions
Hehe. Well they can kick my front door in but they better expect to pay for it and to see me in court. I've got no connection with the debts apart from being a blood relation - I can't see a court authorising balliffs to force entry into the home of a family relation to a debtor.
Aug 24th 2011, 4:48 pm
#11
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Re: UK to US debt questions
The best option, if your relation wants rid of the debts and to make a fresh start, would be to declare bankruptcy before leaving for the USA.
Aug 24th 2011, 4:51 pm
#12
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Re: UK to US debt questions
Is this even an option? The person moved to the US a year ago, currently resides there permanently and is looking for work after recently getting their SS number (or whatever it's called)...
Aug 24th 2011, 4:58 pm
#13
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Re: UK to US debt questions
Aug 24th 2011, 5:03 pm
#14
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Re: UK to US debt questions
It's another option but I think the chances of them doing this are almost zero (for reasons I won't go into). I didn't realise that this was an option for 3 years from leaving the UK and moving to the US.
Aug 24th 2011, 5:56 pm
#15
Joined: Aug 2004
Location: Eugene, OR
Posts: 1,352
Re: UK to US debt questions
Your family member intends to remain in the US for the foreseeable future. What about the unforseeable future? What if they need to return to the UK to take care of an ailing parent, or develop a medical condition which would bankrupt them in the US and decide to return to the UK to become eligible for NHS treatment? What if the person's spouse loses their job before the person finds a job, and they decide they can't afford living in the US and want to move to the UK? From the sounds of things, the family does not have significant savings to fall back on.
Better to keep all options open for as long as possible. Advise them to continue paying the debt.
Better to keep all options open for as long as possible. Advise them to continue paying the debt.