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Posted

pattaya, do yourself a favor and Google "UK debt collection." What you'll find if you check for litigation and enforcing judgements is that they can sue for the unsecured debt. When they win (and if you're not there, they will get a default judgement) they can get a "charging order" which would put a lien on the house.

It doesn't force the sale of the house, but when it is sold, the judgement has to be paid. In the US, it would also be paid off if a house loan is refinanced. Unlike the debt itself, the judgement would likely have no expiration date, or a very long one. It's effect on your credit could be much longer as well. It could also open up the possibility of wage garnishment if you went back, even after 6 or 7 years.

Whether or not they do this is anyone's guess. The 17,000 pound bank loan is probably the one to worry about. That's a pretty big amount to write off, especially if there's real estate to go after. They likely have a legal department that could file the papers with minimal cost.

Posted (edited)

I cannot believe some of the replies on this topic.

Let me offer you some real advice pattaya along with the good stuff already posted.

Face up to your obligations and commitments, think of your parents and get a job in England.

If you cannot find work where you live then move somewhere where there is employment.

There are plenty of manual vacancies you can do that will pay you a reasonable wage and enough to fullfil your present arrangements.

Go to the nearest citizens advice bureau who will have the experience and knowledge of what to do

relating to debt.

Make an appointment with the bank and whoever else you owe money to and request a temporary

reduction in your payments.

As someone said your main priority is the bank.

Whatever you do, don,t be sucked into taking out further loans to finish up deeper in the proverbial brown stuff.

If you run away this will all come back to haunt you should you have any human decency in you.

Give the bank details of your income when you see them and make them an offer to pay something, even a couple of pounds is a start.

Then whatever they think you can afford until you get employment.

Contact all other parties you owe money to, do not wait for them to come for you.

Do not think that you will get a job here and survive with your attitude, you,ve got no chance.

I feel sorry for your parents and what your thinking of putting them through.

Show some character and morality for once in your life, forget Thailand because you are going to do something that has tragedy written all over it.

I do not want to preach to you my dear pattaya,.................. however i,d like to give you the bol***king of your life and a good kick up your harris ( A*** ) and bring you to your senses.

Shame on you for even thinking like this. :o

marshbags :D:D:D

Edited by marshbags
Posted

I'd agree with the previous poster.

Cut up all your credit cards straight away. Now!!

Move to somewhere, anywhere, where you can get even a decently paid job after this one runs out. Do this to maintain a good employment history.

Then approach a normal bank high street somewhere, and refinance your current debts, which I'd bet you' be paying way over the odds in interest. Service the loan, through the bank, perhaps using your share of the property as collateral, you'll get a much better deal that way.

Pay down the debt as slowly as possible, and you may find that even a small wage in Thailand may be just enough to cover your repayments. 27K over 10 years is about 300 quid in repayments per month from a high street bank.

Posted

Pattaya - with respect to all the ThaiVisa members that have replied to you..

Do yourself a favour, follow the link below, create yourself an account and post your original question on the forum (feel free to edit out the buggering off to thailand bit)... goto the "dealing with debt" and "dealing with redundancy" message boards to post your situation.

You will receive some sound advice from the members and moderators - a lot of which are working in the banking, finance and legal sectors.... You will find that yours is not an uncommon situation on this forum.

All the best

666

http://boards.fool.co.uk/Boards.asp?fid=5008

Posted

RAZZEL

I was just saying that i was in same position as him, and they wont take his house if its an usecured loan. its up to him what he does and im entitled to my opinion. i dont take kindly to being called a f£*% idiot.

Posted

"if i were you id just do what you want. you only live once."

Yes do what you want...borrow money...and <deleted> everyone else...

Nice attitude... :o

Posted

Whoever owns the debt has 6 years from the date you last acknowledge it to collect it, unless legal action has been started (i.e. court papers have been lodged and you've been served with defence papers) and then the statute of limitations ceases to apply. If you are outside of England (England and Scotland have distinct civil law) you are without the jurisdiction of the court and therefore can't be served the court papers (so legal action can't begin). However, should a reciprocal agreement exist with the country to which you "flee", then court action can be taken. I don't know if England/Thailand have such an agreement. If they don't, the creditor, should he know you're in Thailand, could sell your debt to a Thai company and they could come looking for you and seek to recover it under Thai law. You'd have to decide whether you think the amount is big enough for them to warrant doing this.

Certainly, however, on an unsecured debt, the property cannot be repossessed and, providing you have made at least one repayment, the matter is a civil one rather than criminal. You can guarantee that the creditor will telephone/visit your parents, but once they've been informed that you're not in the country, any further visits/phone calls can be perceived as harrassment and your parents could involve the plod.

Scouse.

Posted
Whoever owns the debt has 6 years from the date you last acknowledge it to collect it, unless legal action has been started (i.e. court papers have been lodged and you've been served with defence papers) and then the statute of limitations ceases to apply. If you are outside of England (England and Scotland have distinct civil law) you are without the jurisdiction of the court and therefore can't be served the court papers (so legal action can't begin). However, should a reciprocal agreement exist with the country to which you "flee", then court action can be taken. I don't know if England/Thailand have such an agreement. If they don't, the creditor, should he know you're in Thailand, could sell your debt to a Thai company and they could come looking for you and seek to recover it under Thai law. You'd have to decide whether you think the amount is big enough for them to warrant doing this.

Certainly, however, on an unsecured debt, the property cannot be repossessed and, providing you have made at least one repayment, the matter is a civil one rather than criminal. You can guarantee that the creditor will telephone/visit your parents, but once they've been informed that you're not in the country, any further visits/phone calls can be perceived as harrassment and your parents could involve the plod.

Scouse.

In case someone in the US is in this situation (at least California), a person does not have to be served with the papers directly. You just need to attempt service a certain number of times, and then can deliver it to someone you reasonably believe will pass the papers along, such as a receptionist at the place of work, or a relative at the former residence. Where I worked 15 years ago, one person was stupid enough to show up in court and tell the judge that he wasn't served with the court papers. The judge said, you clearly knew about court today, so let's start.

Posted
I am in a situation whereby my job in England will come to an end at the end of March. I have searched around (and will continue to do so) for jobs within distance of my home in England but without success so far.

On the other hand it looks like there is a job for me in Thailand if I go to it.

The problem I have is one of debt here and I suppose comes down to morals.

I owe about 17,000 Pounds unsecured loan to a UK Bank and about 10,000 to various credit cards (unsecured). With a job I was paying it all off over time.

Without a job I suppose the best I could hope for is to ask the banks if they would accept some nominal sum from me such as 1 Pound per week out of my dole money if I stayed here.

But if I went to Thailand and worked I already know that the money I would be getting would support me there but in no way would I be able to pay any of these debts here to the banks.

Do I stick it out here and hope that a job comes up or go to a job in Thailand but not be able to pay off the debts here?

The debt address is a house jointly owned between my parents and myself. I have heard something about banks may apply for some sort of court order against the property, or at least against the third which I currently own. Is this true and would it affect the house which they live in, or is all of that heresay?

What about Bailiffs? Would the banks try and take what property I do have left here in England (mostly just books, CDs and DVDs). Can they harass/demand payment from any relative?

I have heard that debts are written off after 7 years and remember some thread on here about this over 1 year ago. But my main concern is if I went for this job in Thailand would it affect my folks back here in England?

Anyone know anything about this situation would be appreciated.

P

sorry, but what is it you are really looking for here

permission from people you have never met to evade your responsibilities and bugger of to thailand

you say it comes down to morals, your right, face up to your responsibilities and don't consider the possibility of leaving your parents in the shit, what have they done to deserve that, even if you think you could possibly wangle out of it, you seem to know that this is right

if i was in this position i would get one or a number of jobs in UK, work in bars, taxi work drive a lorry, pick strawberries, sorry don't want to appear flippant but there are all sorts of jobs people in UK can do as long as they have aptitude and desire, why do you think thatre are 100 of thousands of eastern europeans coming here, it aint because they get free benefits, its because they can get work, ussually low grade, but its work

if you are going to come to thailand do it for the right reasons, you would not want to end up in the same sort of debt in thailand, if you did you really would be in the shit, when people run from there problems rather than confront them they ussually repeat them

I dont know you and never will and have no right to judge you, but you have asked for advice, of a very personal nature in an anonymous public forum, from what i have read it would be what you don't need is to come to thailand, what you do need is a kick up the arse

Posted
Has the original OP thought about taking his own life?

Classic :o

Sell the house, clear your debts and your conscience, and take your parents to share your new life, in the Land of Smiles. Why should you be the only one to enjoy moving to live in a lovely country ? :D

Posted

If you pay back 200 pounds a month it will take you over eleven years to pay back, that doesn't include interest that must be over a grand a year. I can tell you from experience if your credit cards belong to MBNA then after about four or six months off chasing you without sucess they will sell your debt for peanuts, then the company that take over your debt will reap a fortune over time if you pay back the full amount. So don't listen to any crap about morals. Also the moment you tell your bank they will close your account and seize any funds held in the account.

Your priority is to you and your parents and what is best. If you are thrown on the dole then you will get away with paying minimum one pound a month if you find work then you will have to pay what you can after you cover your living expenses. Going to Thailand might not be the best idea if you only plan to run away. But if you do the bankrupt thing or an IVA then you could still do thailand if it was the only reasonable job you were offered.

If you make an effort to deal with your debts then the law is on your side, this doesn't mean you will have to pay everything back. It means the law will allow you to balance your needs against the needs of your creditors. You know what gets me when people talk about morals and debt, think about the bar staff that keep serving the drunk. Ok they are not responsible for the drunk because they didn't force him to drink, but they are not completely blameless. Your creditors only lent you the money because you had assets(the house), they knew your income and it wouldn't take long for them to realise that repayments on 27000 pounds would soon outstrip your earning potential.

So you and your creditors have made mistakes and now you both have to find the best solutions for each other.

seek advise and a good starting point would be this forum

http://www.debthelpuk.co.uk/cgi-bin/yabb/YaBB.cgi

good luck

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