Could we be arrested due to this outstanding debt

[tex_bell]

Please can you give us some advice, we are currently living in the USA and things were alot tougher financially when we first moved here than we imagined. Although we had cleared all of our debt in the UK there were 3 Cradit cards still open. You know the 'just in case' kind.

Well as we stuggled we would occassionally use the cards which then resulted in us not being able to pay the monthly amounts. It has now been 3 years and things financially are beginning to look up for us and we are in the process of sorting out our debt. However, we are supposed to be coming back to the UK in March.

Could we be arrested when we arrive due to this outstanding debt? We are not even sure if it has gone to CCJ as we have not had contact with them. We have a PO box where the mail was coming to but it started coming from different creditors etc and until we recieve our equifax report from the UK we don't know where we stand. Please advise if you can..

[DebtDummy]

t_bell, I am not an expert. I am answering you because you posted and you are clearly upset about being arrested upon returning to the UK after living in America;and I didn't want you hanging near your keyboard worried.

No, you will not be arrested by the custom officials. Many people leave the UK to work or live in America and accumulate debt on their UK credit cards. I have a friend who did exactly that and she was not arrested upon her return to the UK.

What did happen though you may be interested in. She found herself unemployed and living with her mother. She went to clear her debt through bankruptcy and was told because she was out of the UK for over 36 months she could not petition for one. She is in a debt management plan.

There are somethings you can do while waiting for a professional to answer your question. To put your mind at ease contact the British Embassey. Here is the telephone number for the British Embassey in Washington, D.C- 202-5886500. Ask,''Will I be arrested upon my return to the UK because I have credit card debts in the UK?'' Do it anonymously if you are frightened. After making that call, make yourself a cuppa and relax.

Also, US debt collecting laws are different in each state. So look into them in the state you reside regarding your US debt.
An expert will come along who can explain to you the 'living outside the UK for over 36 months and filing bankruptcy rule'. You may not have to do this, but it's good to have the information.

Good luck and please post to tell us how you managed it all.

All I have left is my humour.

[finebridge]

Hi There,

As Debt Dummy has stated you will not be arrested, so please don’t worry about that.

You can apply for your credit file online, then once you have an amount that you owe you can seek advice on your next move!

You are able to go into an Insolvency procedure (IVA, Debt Management or Bankruptcy) once back in the UK or from the US if you have had a UK address in the last 36 months.

Please let me know how you get on.

Kind Regards

Nicola


Finebridge Ltd
22 Laud Street, Croydon, CR0 1SU
0800 180 4212
www.finebridge.co.uk

[Oliver]

Good advice from Finebridge. Thankfully people are no longer arrested for being in debt. Request a copy of your credit file and then seek advice from an Expert company.



Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp

[jamesfalla]

Hi T Bell

All the advice already given here is correct.

You will not be arrested for unpaid debt that you have on your credit cards. This is what we call a Civil offence. You can not go to prison for civil offences only criminal ones (like robbery).

Just to clarify on the 36 month thing, you will only be able to declare bankruptcy or undertake and IVA if you have had an address in the UK. However, you will be able to carry out a Debt Management plan whatever

James Falla

Expert in IVA, Bankruptcy and informal Debt Management solutions, with extensive experience of solving personal debt problems over the past 10 years. I am regularly featured on BBC News, Finance Programs and Radio.

Visit my blog at: http://jamesfalla.blogs.iva.co.uk

[MelanieGiles]

Can someone explain to me this "36 month" thing? So far as I am aware the residency rulings are based on 6 months.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[tex_bell]

You have no idea how relieved we both are, thank you so much for your responses. I have tried to get the Equifax report online but can't as I do not have a UK address so I have mailed off for them. When we return in March it is for 2 weeks only so would we still be able to enroll in a debt management program to enable us to get this resolved? If so do you have any recommendations?

[finebridge]

I'm pleased we could be of assistance and put your mind at rest!
We have a particular company we use for debt management, if you are interested in getting their details from me please call me.
Alternatively the other experts in the forum would also be able to help you.

Kind regards

Nicola


Finebridge Ltd
22 Laud Street, Croydon, CR0 1SU
0800 180 4212
www.finebridge.co.uk

[DebtDummy]

Texas Belle, to bypass the UK computer for an Experian credit report enter the last UK address you had. Just fill in the information as though you are actually living in the UK. Now, your American issued credit/debit card may or may not 'take' so use your UK issued debit/credit card to pay. Once you have it print it.

Also, you mailed for a copy of your credit file to the Experian in the UK having it sent to your American address. The two reporting credit agencies (US/UK Experian) never know about the other UNLESS you tell them. Notifying Experian here in the UK *tagged* your accounts in America through Experian US. Meaning, if you have VISA, AMEX,DINERS CLUB and/or MASTERCARD from either/both countries and both credit card accounts(UK and US) are not up to date they reserve the international right to close BOTH accounts. Odd, but true. It happened to my friend almost 7-8 years ago.

Please go to an EX PAT Debt Forum in America for further information on this. Many Britons live and work in America and they will assist you if you find yourself in this situation. With Sears,NeaMan Marcus(sp), Macys and Bloomingdales credit cards, etc you are safe as they are not 'good everywhere you happen to be'. Meaning, they are not international charge and credit cards.

Good luck!





All I have left is my humour.

[tex_bell]

Can someone please advise whether this information is in fact correct? I no longer have use of any UK based cards so how else can I get my report without affecting my situation here?