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Defaulting on credit card debt


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Hi I have a quick question that I hope someone knows the answer to.

 

I am unable to pay my massive credit card bills due to covid and I know that there is a 2 year statute of limitations from when I initially default. 

 

Credit cards are all unsecured by the way.

 

The question is can the credit card companies/debt collectors seize my car (which is on finance) due to the unpaid debt?

 

Thanks

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4 minutes ago, tonymontana32 said:

Yes in thailand but no work permit or job as I quit about a year ago. 

So you say you 'bought' a car in Thailand with a non-Thai credit card? Or am I misunderstanding something. A Thai Credit Card must have funds in place to cover any spending on it ie It is a Debit Card. No?

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4 minutes ago, stouricks said:

So you say you 'bought' a car in Thailand with a non-Thai credit card? Or am I misunderstanding something. A Thai Credit Card must have funds in place to cover any spending on it ie It is a Debit Card. No?

You're missunderstanding. I have credit cards some of which i am not paying back due to covid, there is a statute of limitations of 2 years. If and when the card companies send the debt to debt collectors, are they able to seize my car which is on finance (not through a credit card, also i have no thai guarantour).

 

The only question is are they able to basically take my car which i don't technocally own as it's still on finance, I've only had it a year amnd was bought new if that makes any difference.

 

Thanks

Edited by tonymontana32
misspelling
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21 minutes ago, tonymontana32 said:

You're missunderstanding. I have credit cards some of which i am not paying back due to covid, there is a statute of limitations of 2 years. If and when the card companies send the debt to debt collectors, are they able to seize my car which is on finance (not through a credit card, also i have no thai guarantour).

 

The only question is are they able to basically take my car which i don't technocally own as it's still on finance, I've only had it a year amnd was bought new if that makes any difference.

 

Thanks

"...there is a statute of limitations of 2 years". Please explain what that means. 

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How did you run up massive credit card debt in 2 to 3 months?

 

The banks would have to get a court order to come after you.

 

I think if will all depend on how much you owe on the credit cards.

 

 

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1 minute ago, robblok said:

It will probably be deleted as we can't link BKK post but really interesting. I like stuff like that (not that I would default its just not done IMHO i honor my debts). But I do like legal rulings and stuff as a tax accountant its always interesting to see how laws work in other countries and how things are argued.

 

You assume though that things have not changed since then. The information is around 12 years old. It could be still true or things could have changed. 

I have 6 credit cards that i have held well for 9 years, i am only defaulting on 3 due to covid and a few other reasons because of the way the individual banks have treated myself/other foreigners and because the 3 that i will default on are in excess of 1 million in total. I have never defaulted on anything and have always paid my dues so i'm not a c@*t. Yes the statute of limitations is still in place for this.

 

The only that i need to know is can they seize my car which is under finance, and i plan to keep paying that off along with my other 3 cards.

 

Thanks

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5 minutes ago, bwpage3 said:

How did you run up massive credit card debt in 2 to 3 months?

 

The banks would have to get a court order to come after you.

 

I think if will all depend on how much you owe on the credit cards.

 

 

I have held credit cards here for over 9 years, one of the cards increased my limit automatically by 160,000 in november as i've always been in good standing with my credit. My total on just 3 cards stands at around 1.2 million owed. Yes they need to get a court order and need to do that within 2 years of me defaulting.

 

This is not my question though, I'm asking if anyone knows if they can seize my car if they ever do get a court order, due to the car still being under finance i technically do not own it, the finance company do.

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36 minutes ago, robblok said:

He seems to think if they can't collect the debt for 2 years then they cant collect it anymore legally. 

 

I am not sure if that is true, but that is what the OP assumes.

It’s basically true from what I read but the banks have fine print built into their contracts somewhere...Another thing if you make a part payment or agree to payment terms to reduce debt the card is reactivated automatically from that date.I am led to believe that they can take anything of value that belongs to you to recover the debt on a court order.

Edited by Silent Number
The car is yours...The debt to the finance company is yours.
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20 minutes ago, robblok said:

If you default they will come after you. There is a chance they will go after your car. If you only had the car a year then you probably did not pay off enough to have any value left when its sold.

 

They might try it anyway (i would certainly not blame them). I would do anything to get my money owed too from clients. But i think it will cause them more grief then anything else.

 

 

The car will most likely still be in the name of the finance company, so they can't go after the car.

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Just now, Silent Number said:

It’s basically true from what I read but the banks have fine print built into their contracts somewhere...Another thing if you make a part payment or agree to payment terms to reduce debt the card is reactivated automatically.

correct

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Links to the Bangkok Post have been removed.

 

26) The Bangkok Post and Phuketwan do not allow quotes from their news articles or other material to appear on Thaivisa.com. Neither do they allow links to their publications. Posts from members containing quotes from or links to Bangkok Post or Phuketwan publications will be deleted from the forum.

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In rare cases, forum Administrators or the news team may use these sources under special permission.

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Just now, stevenl said:

The car will most likely still be in the name of the finance company, so they can't go after the car.

Its true that they can't take the car from the finance company but who knows what they can work out with the finance company. I am not saying it would happen. 

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I was once in a situation where disputes with a bank issued credit card led to debt collectors. I was advised by lawyers that a) it is illegal for banks to pass on or "sell" debts to such debt collectors and b) there was a 5 year limitation on debt. I am not certain if all that still applies but at the time, once debt collectors were told of my lawyer advice, they backed off.

 

 

Edited by oxforddon
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5 minutes ago, tonymontana32 said:

I have 6 credit cards that i have held well for 9 years, i am only defaulting on 3 due to covid and a few other reasons because of the way the individual banks have treated myself/other foreigners and because the 3 that i will default on are in excess of 1 million in total. I have never defaulted on anything and have always paid my dues so i'm not a c@*t. Yes the statute of limitations is still in place for this.

 

The only that i need to know is can they seize my car which is under finance, and i plan to keep paying that off along with my other 3 cards.

 

Thanks

I'd be more concerned about your other credit cards. If the other banks find out you have defaulted on 3, they will probably cut you off. The debt collectors might use this as leverage.

 

In Australia this information is shared to all credit providers. I'm not sure how it would work in Thailand.

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