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EU National with unpaid loan in UK
I am Dutch guy and have lived in the UK for some years for my work. I left in 2004 and defaulted on my personal loan 2 years ago. The bank never got my new adress on the continent and I have moved to another country again (both in the EU). Not running just moving for work. I reckon when I defaulted there was something close to 10k outstanding. I want to pay some day but cannot afford it for the time being...
I am worried that one day soon I'll be summoned. Also I do travel to the UK quite a lot for my work. Will I be held by customs.
Is there any chance the bank has written of the debt? what are my risks and what should I do?
I would very much appreciate any advise.
Unless the law has changed since I left the UK (some 5+ years ago)debt is still liable up to six years after it is finally taken to Court whether you were there or not and a judgment made against you.
You would find it extremely hard if not impossible to open a bank account or get any other credit in the UK but if you are not living there then that is not a worry. If you do intend living there again they can get you even if you only rent and you might also find that hard to do as well.
If you have already been to the UK on numerous occasions there obviously is no arrest warrant out for you and very rarely is for debt.
It's very unlikely that the bank will have written off your 10k debt after just 2 years - however without any knowledge of your whereabouts, there's not much they can ever do.
They might try for a CCJ based on your last UK address but if you're not in the UK that's nothing to lose sleep over.
As allalone has said, the debt will be statute barred after 6 years and then there is no legal way it can be pursued. The only slight correction to what was posted is that if there is a CCJ in place against the debt, it cannot ever be statute barred - although the creditor would have to back to court to have it re-activated (for want of a better term)
You can never be arrested for debt as it is NOT a criminal offence in the UK. The only exception would be if you had committed a deliberate fraud (which is theft)or the debt was to the Crown in the form of unpaid tax or fines.
You will be able to travel to and from the UK as often as you wish with absolutely no problems. You've committed no crime so HM Customs or the police have no interest in you whatsoever.
- Frequent Poster
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