Can an IVA be started from abroad?

[ExpatAlex]

Hi,

Sorry for double posting but,

Thanks to the site creators and all the contributors - your feedback gives hope. I am not sure if my case is unique, but I am in deep for about 65K on unsecured UK credit card debt, I have zero assets and its been going on for 10 years now. I am kind of giving up on everything in general. My wife knows nothing about it, and I can't lie to myself or her anymore.

About 2.5 years ago I got offered a job abroad, it was a big increase in salary and offered me a quicker way to pay back as I had previously been paying 90% of my UK salary and rolling the card balances monthly. But the cards got the better of me (my stupid mind thought I could go on spending, even though my MBNA minimum monthly payments were 80% interest) and then I lost my job, stuck out in a very difficult place I managed to get another job. The 5 month period were I was out of work was frightening and gave me a good wake up call. I had to borrow left right and centre, juggle card balances, plus some irregular personal loans from local loan sharks to meet the minimum payments (I was sending back 2K GBP a month).

I am still abroad, but now I am in 3 months arrears (As the borrowing circle has finally caught up with me) with most of my UK creditors and its all falling apart. I can't really leave the country as I also have debts here (Although they are manageable?), and going back to the UK would mean another period of unemployment which may be substantial as I have changed my careers skill set.

My UK mail is sent to me at my parents address, but for 8 months now I have chickened out on having it sent to me and dread going online to look at the card balances. I have considered never returning to the UK as an option, but not sure if that will help anything, I am panicked, and not sleeping.

I did call the creditors and MBNA were actually bullying me to pay something I just couldn't (I spent 1 hour and 6 minutes going in a big circle), Amex were polite and quick (8 minutes), Barclaycard they just advised me to keep paying what I could (6 minutes).

Is it possible to do an IVA from abroad? As leaving my current job would be financially dangerous (Not sure if the local bank will let it happen either) and I don't have the money to fly home for a meeting. Please note the country I am in is not in the EU and I require a visa to stay here.

If someone out there has managed to apply for an IVA or has used a company that can specialise in this sort of situation, then PLEASE CAN YOU HELP ADVISE me on what to do next.

[pbeck]

Yes, you can do an IVA while resident abroad, so long as you are "domiciled" in England and Wales. Domicile is a legal concept which can be thought of as the place of your origin or "roots", which means that even though you may have been living for several years in another country, you can still be domiciled in England and Wales. Perhaps you've heard about it recently with the Chancellor's plans to tax non-domiciled foreigners who've been living and working in the UK for over 7 years. To get rid of your domicile you would have to show that you have actively severed all ties with your country of origin, as your debts are all UK based you still have ties and no one will argue that you no longer have the appropriate domicile.

[ExpatAlex]

Thanks pBeck. I am domiciled in the UK, I filed a P85 2.5 years ago with the tax office. Do the UK creditors have any jurisdiction at a foreign non-UK registered bank?

[MelanieGiles]

The actual test is to be able to demonstrate that you have a centre of business interests still based in the UK. For non traders it is sufficient to state that all of your debts are with UK based companies. I have acted quite sucessfully for several people in similar situations as yours over the last few months, and your case will be handled within the High Court.

[ExpatAlex]

Thanks Melanie Giles, for the quick response. "High Court"? sorry but I am beginning to get more panicked by that last statement? Can you elaborate more on here?

[MelanieGiles]

These days merely a post box really, but the Court allocates you a unique reference number, and this is the process which gives you protection from the actions of creditors and enables interest to formally cease. It merely confirms the existence of the IVA formally, and don't worry your IP deals with all of the paperwork, there is no need to attend Court yourself.

Which country are you living in as a matter of interest?

[ExpatAlex]

Melanie - lightning response?!?! THANKS [:I]

I filled out one of your enquiry forms last night, and just filled out a query form linking my alias on here and my enquiry form filled in last night. Please take a look at the details and hopefully you or one of your colleagues can assist me in possibly climbing out of the hole I have dug for myself.

[:I] sorry too shy to give more personal details in the domain.

I hope this is the first step in the right direction for a change [?]

[MelanieGiles]

I will look at this as soon as your query has been processed Alex - and don't worry about not giving too much personal information on the forum. It is not really appropriate to do this in such a public arena.

[ExpatAlex]

Just an update,

Contacted Melanie Giles company and a wonderful debt consultant called Tina gave me a ring.

The chat was a mix of emotions for me, but Tina was understanding, firm with getting her points across and most of all realistic about everything on offer and everything that might stand in my way.

THANK YOU.

I am hoping that tomorrows chat will start me on some path I can walk down that will get me out in the future. [:I]

[Soulgrowth]

Really pleased for you [:)] [:)]

Make sure you keep us posted as to how you are getting on.

Debbie

[Viki.W]

That's great Alex, good luck and keep posting. Viki X