08 Mar 2008 12:28:38 | Nicola Bullimore
The idea of moving abroad to escape debt seems to be more of a
common practice these days. People who have failed businesses or
are swamped in debt believe that moving abroad will give them a
fresh start and allow them to build a new life.
Reading some of the comments on various UK debt forums opinions
on this seem to be divided. Some people think running away from
debt is too much of a risk, and creditors will eventually catch
up with them whilst others encourage the idea, stating that
there is no way you will be found and people should move on and
enjoy a new life free from the responsibilities of debt.
In the past this might have been a successful way to start a new
life without the worry of unpaid debt. However, creditors and
courts alike seem to have caught up with the idea over the last
few years and have taken action to make it more difficult for
people to escape the responsibility of paying the money they owe.
Creditors taking action
Germany and Canada have reciprocal agreements with the UK when
it comes to tracing debtors and debt collection practices. There
is not much information available regarding other countries with
such agreements although a search on the web may reveal more, it
is possible that creditors do not want this information to be
readily available.
A reciprocal agreement in the UK means a UK Court can enforce a
CCJ (County Court Judgment) using the legal system of the other
country. If there is no such agreement in place, a creditor can
sell a debt to an agency in the relevant country and debt
recovery procedures will commence under the law of that land.
Tracing a debtor
The resources available to creditors for tracing a debtor are
vast. Although the resources in some countries may be limited,
there are still ways and means of finding people, especially
once the creditor has some idea of where the debtor has gone. A
creditor may have their own office in that country, or relations
with other credit companies in that area.
Creditors employ a variety of tactics to trace debtors. They may
go to the last known address, talk to the neighbours, family
friends or relatives who could unknowingly tell them of the
person’s whereabouts. Once they know which country the debtor is
in, their job is made much easier.
Using an ATM card in another country shows us how easy it is to
get information from a UK account abroad. If we can do this so
simply, what other information is able to zip round the world
almost instantaneously?
Having resources to trace a debtor or having agreements with
other countries, or even the possibility of selling the debt to
an agency in the appropriate country does not automatically mean
that a creditor will be successful in tracing a debtor. In some
cases, people do get away with it. A creditor has a period of 6
years from the last time a person acknowledged a debt to use the
legal system to recover monies. However, if a creditor has taken
legal action on an account, the debt can be legally recoverable
indefinitely. This means that someone could start a new life
abroad and work hard for the assets they accumulated, only to
find a few years down the line that a creditor has traced them!
Everything they have worked for is put at risk and could be
taken from them to repay their debt.
What are the Options?
Many people who move abroad to escape their debts may not be
aware of the free financial help available. They do not even
need to telephone the UK, as there is free advice and help
available on the web. Just a quick email can put someone’s mind
at rest and make them realise they are not alone.
There are companies such as FCL Debt Clinic
(http://www.debtclinic.co.uk) who offer free financial
assessment and advice. FCL can also refer clients to a Debt
Management Company who charge no fees and can help negotiate
affordable monthly repayments on their clients’ behalf by
setting up repayment plans with their creditors. Anyone with a
UK bank account or the use of one for transferring money, with
UK debts, can be helped. This way, the ever-present worry of
whether a debt is still around is no longer there to haunt you.
About Author :
Nicola Bullimore has worked with people with debt problems for
some years. For more information regarding debt issues, please
visit www.debtquestions.co.uk