UK Bank debt, US debt collection Agency

[abbyasks]

Hi there, I am formerly from the UK and have lived in the US for quite some time now,

Am hoping to to find out how the law stands regarding debt from anther country. Apparently my ex spouse in the UK of several years ago did not finish paying a bank overdraft off on a joint acct, as was agreed and now the bank from what I have heard, has sold this on to of all things a Canadian collections agency. This agency is now using a US collections agency to send mail regarding this.

May I ask, can this account debt, the acct being signed to a UK bank governed under UK law, even be collected upon in the US let alone sold on to a foreign country and passed on to yet another country? If so do the statutes for my state make me protected by state law as it is many years past now.

I have not had any communication with this agency at all.

I do appreciate your advice, this is most confusing. My sincerest thanks in advance.

 

[seniorjudge]

Q: May I ask, can this account debt, the acct being signed to a UK bank governed under UK law, even be collected upon in the US let alone sold on to a foreign country and passed on to yet another country?

A: Yes.

 

[abbyasks]

May I ask how?

 

[muggsyj]

This is not legal Advice!


Hi Abbyasks,

Yes it is true, lenders do have a right to sell off debts. As you must be aware people invest to get a return, so as you were an investment the lenders are now still looking for their return! Mind you, it might not be all bad news as this may just be a collections office trying to reclaim the bill on the lenders behalf. You can contact a debt recovery office and ask them to stop contacting you, which is what they will do BUT they will then only contact you with the court proceedings. Now I said it was not all bad, so try this link and see how you get on.
http://www.governmentdebthelp.co.uk...lection&se=g&gclid=CJ70yOjb4pICFQ1I1AodQHtq_Q

This site is only a poiter as to what is out there!!! I do not for one second recomend this site it is purley for research pupose ONLY. It shows you there are ways and meens, you just have to do your homework!

Good Luck

Mark.

 

[abbyasks]

Thank you for the link Mark, I would not qualify for this UK gov aid though, as my debt is only half of the required minimum needed for them to apply a plan, go figure. Probably contacting the bank myself would be a better option, after all this time maybe they will accept a settlement sum and I can just issue some serious verbal diarrhea upon my ex husband at least as some form of relief ..lol.

That being said, can the debt even be settled in the UK now?

Regarding possible court proceedings if any were implemented if I had chose to reply to this collections agency, which I shall not, would not my state statute of 3 years have any standing whatsoever?

 

[muggsyj]

This is not legal Advice!

First of all you are welcome Abbyasks.

Your Quote: That being said, can the debt even be settled in the UK now?

This solely depends on whether or not the bank has sold the debt on. You are on the right tracks of a settlement figure, as this trying times and I am sure the bank would rather a settlement. As for the debt, if you and your partner signed then you may argue you only have half the debt to pay. I think what you are trying to achieve is not the full interest on the initial loan. If the debt has been sold, you may also try and argue that the company that has bought it can only charge the interest you FIRST agreed to as some company's like to add additional interest of there own. Make sure you are fully aware of their fees for tracking you down ect and if they except payment it is full and FINAL. Get every correspondence in writing and keep all copies.

There maybe grounds if you can prove the debt was issued to you unfairly, for instance if you earn an amount and a bank has loaned you above what you can afford; it maybe grounds for false lending. I am not 100% on how the law stands here but the banks are governed by how much they can legally loan you in comparison to your income.

It maybe worth trying to do some homework here. All the above is only another insight and is just my opinion. It dose not substitute the advice from a qualified person in this subject.

Take care and remember know one can have what you have not got!!

Mark.