Debtor moved overseas - creditor actions?

[florian1]

Hello there, this might be an unusual request but does anyone know what liability or possible action can be taken by creditors against a debtor that has moved overseas?
My wife and I fell into debt problems in 2010 and I started a DMP with Payplan that has continued successfully. When my wife lost her job she moved back to Australia - never became a British citizen - to earn money. Since mid-2010 she has sent money back to cover her debts as much as possible but I've had to top up substantially.
Recently she has not sent over as much money and as I can't make up the shortfall, she has arrears with about 5 debtors.
I'm concerned about the impact on my DMP, the telephone calls have started etc. and the house already has a Restons charging order from a CC judgement of mine on it.
The local CAB say to ring the FSA, but I'm wondering if this Forum can help with a legal opinion on creditors pursuing a creditor that has not lived in the UK for almost 3 years with only a one week return visit to the UK in April 2011?
Any help please!

[The Debt Star]

Re: Debtor moved overseas - creditor actions?

Have a read of this. http://www.legislation.gov.uk/uksi/1.../contents/made

A CCJ here cannot be obtained against a non-UK resident. In addition, a debt does not automatically transfer to another country. However, the Foreign Judgements (Recipriocal Enforcement) Act 1933 and specifically the Enabling Order referred to above, permits a CCJ made in the UK to be enforceable in Australia. So it depends on the circumstances and whether or not any of the debt is in your sole name or held jointly with her.

[florian1]

Re: Debtor moved overseas - creditor actions?

Hello Alsatian, many thanks for your very fast response last week. I have had difficulties in logging in to the various sections of Leagle Beagles and apologise for my slow response.
I'd like to add more information to my initial request for your review.
The debts are entirely in her own name with five separate creditors, such as American Express, Capital One, MBNA and Barclaycard x2. We have a joint mortgage with The Woolwich, a Barclays Bank unit.
As I don't have permission to have access to her accounts my conversations with the creditor companies are difficult due to the DPA. Of course the companies invite my wife to contact them, but I always inform them that she is working out of the country and unlikely to return in the near future - if ever actually. I am unsure of her present address in Australia.
Myt DMP has continuerd successfully since 2010 and I am concerned that if I keep topping up her transferred money from Australia that I will eventually default on my plan. Debt management companies cannot talk to me about her debts and she won't be in touch with them.
Help!
florian1

[florian1]

Re: Debtor moved overseas - creditor actions?

Hello Alsatian, many thanks for your very fast response last week. I have had difficulties in logging in to the various sections of Leagle Beagles and apologise for my slow response.
I'd like to add more information to my initial request for your review.
The debts are entirely in her own name with five separate creditors, such as American Express, Capital One, MBNA and Barclaycard x2. We have a joint mortgage with The Woolwich, a Barclays Bank unit.
As I don't have permission to have access to her accounts my conversations with the creditor companies are difficult due to the DPA. Of course the companies invite my wife to contact them, but I always inform them that she is working out of the country and unlikely to return in the near future - if ever actually. I am unsure of her present address in Australia.
Myt DMP has continuerd successfully since 2010 and I am concerned that if I keep topping up her transferred money from Australia that I will eventually default on my plan. Debt management companies cannot talk to me about her debts and she won't be in touch with them.
Help!