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Posted: Thu Feb 05, 2009 9:27 am
by Tessa
Hi everyone, you are all so kind and helpful on this site. I hope someone can help me
We started an IVA four years ago, but we moved abroad and eventually couldn’t keep up with the payments. The IVA failed after one year, and our creditors voted on not applying for bankruptcy, because of our location and the costs involved. Since then we haven’t heard anything from any of our creditors. We moved to a new address some time after that and in fact now we are in a different country again. All through this, we have kept a UK bank account (they weren’t involved in our IVA) and have kept our address with them up to date.
My question is, what happens if we return to the UK? We haven’t lived there for 4 years, we have no house there, so is it true we can’t apply for bankruptcy ourselves? Will our creditors know that we have come back? What will we have to do?
Thank you all in advance

Posted: Thu Feb 05, 2009 9:38 am
by David Mond
Well you still have the debts owing to your creditors and if they find out where you are they could bankrupt you or when you come back to UK you would then have a UK address and you could do it yourself.

If your creditors or yourselves have not communicated for 6 years your debts might become statute barred.

Posted: Thu Feb 05, 2009 9:54 am
by kallis3
Hi and welcome to the forum.

If you want to read up about bankruptcy, look at the following sites:

http://www.insolvency.gov.uk/

or

http://www.bankruptcyhelp.org.uk

It's a useful site and will tell you all you need to know.

Are you thinking of moving back here?

Posted: Thu Feb 05, 2009 1:30 pm
by MelanieGiles
Bankruptcy would be good way of putting this behind you once and for all if you do decide to return to the UK - but at present you cannot apply for bankruptcy in the UK courts due to residency issues.

Posted: Thu Feb 05, 2009 5:38 pm
by flumpy dog
welcome and please keep posting. you have friends who care here and will give you moral support x

Posted: Sun Feb 08, 2009 3:10 am
by Tessa
Thank you everyone for your helpful replies - at least I have a better idea of what we face if we go back to the UK.
Kallis, we don't have much choice about where we move to, we move wherever my husband's company tell us to! At the moment, moving back is a possibility but we don't know yet, we're waiting to hear.
I will keep you posted anyway - thanks again for your help.

Posted: Sun Feb 08, 2009 9:42 am
by kallis3
Apologies Tessa, didn't realise that!