Overseas Credit Card debt being chased in UK

[amanforallseasons]

I'm not sure I've posted this in the right place, but I'd like some advice please as this issue is causing me a lot of stress...

I stopped working in 2015 due to ill health and moved to America, and have been here since then receiving treatment.

A UK legal firm is now acting on behalf of their credit card client and has sent letters - one last month to my old UK address and another yesterday to my parents' UK address by recorded delivery which my dad unwittingly signed for and accepted. In both letters, they make reference to an alleged debt that their client is seeking repayment of and request that I contact their lawyers directly.

I have no information pertaining to the original credit agreement or the final balances.

Can the UK law firm apply for a Statutory Demand or CCJ for a debt incurred overseas?

Should I notify them that I am not UK resident without acknowledging any debt, or supplying them with my new address? I don't want my frail old parents to have to deal with litigation post or debt collectors.

Please advise, I am worried about this legal firm taking action to recover the debt while I am far away, unwell and not in a position to pay it back.

[Kati]

Re: Singapore Credit Card debt being chased in UK

Looks like the Statutes of Limitations in Singapore are similar to those here in the UK ... 6yrs with no acknowledgement/payment (SEE HERE)

I'll tag [MENTION=87380]Diana M[/MENTION] to see if she can help xx

[nemesis45]

Re: Singapore Credit Card debt being chased in UK

Good afternoon,

Which solicitors are acting for the bank?

If you made your last payment in 9/2011 it would no be statute barred in England/Wales.

A check of the Singapore laws on limitation is needed.

As [MENTION=49370]Kati[/MENTION] has said the law is very similar in most parts to the UK's
There's a couple of UK solicitors that specialise in overseas debt.
They are very persistent.

nem

nem

[Kati]

Re: Singapore Credit Card debt being chased in UK

https://www.twobirds.com/~/media/pdf...on-5.pdf?la=en (6yrs for claims based on contract for SB'd in Singapore ... 12 years after judgement to enforce )

[Kati]

Re: Singapore Credit Card debt being chased in UK

Should I notify them that I am not UK resident without acknowledging any debt, or supplying them with my new address? I don't want my frail old parents to have to deal with litigation post or debt collectors.

I do not plan to be back in the UK for at least the next couple of years.

Please advise, I am worried about this legal firm taking action to recover the debt while I am far away, unwell and not in a position to pay it back.

[MENTION=55034]nemesis45[/MENTION] ... would you agree that the OP should tell the DCA he's not in the UK and won't be for the foreseeable future? (or should the OP's parents send back the next letter "not at this address"?)

[amanforallseasons]

Re: Singapore Credit Card debt being chased in UK

Thank you for your replies so far.

On a 6 year plus 6 months basis we are looking at March 2018 for statute barred then?

I have asked my parents to reject any further letters as "Addressee not known". Should I engage the potential litigators directly, and if so, what should be said?

[MIKE770]

Re: Singapore Credit Card debt being chased in UK

[FONT=arial][URL="https://www.google.co.uk/imgres?imgurl=http://www.clearpeople.com/~/media/StephensonHarwoodLogo.png&imgrefurl=http://www.clearpeople.com/global/casestudies/stephenson-harwood&h=143&w=350&tbnid=-ek0YuU9bG1F2M:&vet=1&tbnh=61&tbnw=151&docid=tV-P5FYHSOolVM&itg=1&usg=__dvCwLzut_lCSEQKVQjagw3R-ad4=&sa=X&ved=0ahUKEwih6fSBkuXRAhUlBMAKHbSCBjIQ_B0 IcTAK"]

[nemesis45]

Re: Singapore Credit Card debt being chased in UK

Thank you for your replies so far.

The bank is being represented by Harwood Stephenson. I've not come across them on any debt recovery forums before.

On a 6 year plus 6 months basis we are looking at March 2018 for statute barred then?

I have asked my parents to reject any further letters as "Addressee not known". Should I engage the potential litigators directly, and if so, what should be said?

The start of the relevant 6 year period can differ according the terms on the original agreement.

But for ease, Date of Last payment + 2- 3 months.

I would take the action you have suggested return to sender addressee gone away not resident in the UK no further information available, or something along those lines.

nem

Stephenson Harwood multi nation law firm speciality cross border litigation and just about every facet of law.

[Diana M]

Re: Singapore Credit Card debt being chased in UK

I would expect there to be jurisdiction problems if an overseas bank tries to pursue you through the UK courts for a debt which occurred in another country.

Are you (officially) a UK resident?

Maybe your parents should send the letter back marked 'Return to Sender - Gone Away' - because that's the truth isn't it.

Tell them to take a photo of the envelope to prove that it was sent back (returned). That way if the solicitors do get a CCJ behind your back, you would be in a position to prove that you never received the summons and that they were made aware that you weren't living at that address before they issued, in the event of needing to apply for a set-aside.

Do you have a financial presence in the UK such as a bank account with rent credited if the property you still own here is let out? A bank account would show on your CRA file so any creditor permitted to trace using the CRAs might find that and presume you're in the county.

Although that won't make any difference to the jurisdiction issue.

I'm sorry you've been ill, and I hope you make a full recovery. You can do without debt chasers piling on the pressure.

Di

[nemesis45]

Re: Singapore Credit Card debt being chased in UK

@nemesis45 ... would you agree that the OP should tell the DCA he's not in the UK and won't be for the foreseeable future? (or should the OP's parents send back the next letter "not at this address"?)

Hi Kati.
Personally I would have the letter returned to the solicitors marked " addressee Gone Away No Longer Resident In UK whereabouts unknown."

Also inform the postal delivery office of the above and they should then automatically return the mail.

nem

[amanforallseasons]

Re: Singapore Credit Card debt being chased in UK

Hello Di! I'm not sure how one defines being an "official" UK resident. I am living overseas and visit the UK maybe once per year for less than 4 weeks. I do have a clean credit history (no CCJs or defaults) and a bank account linked to my mortgage. I hope that helps.

[Diana M]

Re: Singapore Credit Card debt being chased in UK

If you're on the electoral roll, have a live mortgage and currently own property in the UK then you will be visible on the CRA files.

But that's at your property address not your parents' address so they have every reason to send back the letter as 'Not Known at this Address' because you aren't associated with that address.

If they simply say 'Not Known' that's untrue because they do know you If they signed for the Royal Mail letter then depending on what name they used (is it the same name as you?) the sender will have seen it on the Royal Mail Track & Trace website.

'Gone Away' would be relevant if you once lived at their address.

Always best to tell the truth but nothing more than required.

This is may seem pedantic but I always view anything said or done has the potential to turn up in front of a judge, so pick your words wisely.

There's no hiding your connection with the UK on CRA files however tenuous it may be.

Equifax adds Land Registry details of property owned, amount paid and when purchased.

As you say from next month you'll be off the electoral roll so your CRA files will update.

Anyway the issue appears to be one of legal jurisdiction coupled with your wish to protect your elderly parents from being hassled by debt collectors.

What happens to post for you which is sent to your owned/rented property?

Di

[amanforallseasons]

Re: Singapore Credit Card debt being chased in UK

Thanks, Di. Those are all excellent points. "Gone away" is the most accurate description in this case, as I lived there throughout my childhood. Currently, my post is redirected by Royal Mail to my parents' address, where it sits until I visit every year to collect it!

[amanforallseasons]

Re: Singapore Credit Card debt being chased in UK

I also checked the "Track and trace" - the letter was signed for by my father (same surname, different initial).