Legal Question in Credit and Debt Law in United Kingdom

Re: I owe credit cards in the UK but Live in the US

If the UK companies have obtained a UK judgment

against you for the unpaid credit card debt, that judgment in and of itself would not be enforceable against you in U.S courts unless it could be formally registered or enrolled(as the terminology goes)in a U.S. court of proper jurisdiction so that the judgment could be recognized(and enforced) as one of the court's own. This can be a somewhat cumbersome and lengthy process and in some cases it's simply not feasible, depending upon the U.S. court involved.

More likely, is that the UK creditors have given an assignemnt of the debt to the American attorney who has already contacted you and who, if required, will start the process anew of obtaining a judgment against you for the unpaid debt in an American court of proper jurisdiction.

You would be well advised to repond to this attorney within the 30 day deadline and attempt, if possible, to negotiate some type of settlement

arrangements that, hopefully, might be satisfactory to all parties.

Re: I owe credit cards in the UK but Live in the US

In general, debt collectors cannot do anything except annoy you with phone calls and letters and generally make it less likely that anyone will want to pay by their annoying tactics.

They say that you have 30 days to respond. This actually means nothing. It is in the Fair Debt Collection Practices Act, but in reality it has no consequences. You do have a right to demand "verification" of the debt, including how they calculate the total, and you should do this immediately, and in writing.

However, they could turn it over to an actual lawyer. Once an actual lawyer has it, they can file a lawsuit. I suspect that it could be rather problematic for them to prove the amount due as a result of fluctuating exchange rates. As an attorney trying to prove the case, I would find that to be a problem for the credit card company to collect. But they could probably win something, at least.

However, that would take at least 3 to 5 months, assuming that the total is under $15,000 and the lawsuit is brought in genreal district court. It would take longer for a bigger case brougth in circuit court.

That timeline assumes that you show up on the first court date and DENY the total (you can say you owe some, but because of exchange rates you aren't convinced that you owe the total they say, and want to see it proven with the exchange rates), then the case will be set f

Re: I owe credit cards in the UK but Live in the US

In general, debt collectors cannot do anything except annoy you with phone calls and letters and generally make it less likely that anyone will want to pay by their annoying tactics.

They say that you have 30 days to respond. This actually means nothing. It is in the Fair Debt Collection Practices Act, but in reality it has no consequences. You do have a right to demand "verification" of the debt, including how they calculate the total, and you should do this immediately, and in writing.

However, they could turn it over to an actual lawyer. Once an actual lawyer has it, they can file a lawsuit. I suspect that it could be rather problematic for them to prove the amount due as a result of fluctuating exchange rates. As an attorney trying to prove the case, I would find that to be a problem for the credit card company to collect. But they could probably win something, at least.

However, that would take at least 3 to 5 months, assuming that the total is under $15,000 and the lawsuit is brought in genreal district court. It would take longer for a bigger case brougth in circuit court.

That timeline assumes that you show up on the first court date and DENY the total (you can say you owe some, but because of exchange rates you aren't convinced that you owe the total they say, and want to see it proven with the exchange rates), then the case will be set for trial. These two court dates will require 3 to 5 months.

And at the end of the lawsuit, you STLL don't have to actually pay the money. At that point the court enters a judgment saying that you owe the money. The creditor can then take many actions to try to collect. The most usual steps are to garnish your bank account or your wages. Selling a house is possible, but it is a ton of work, and is usually the last resort. The foreclosure action has to include all of the other mortgage lenders and parties in interest, and so it is not so easy for a creditor to come along and sell the house, because the mortgage company has rights, too, etc.

So you would have plenty of time to pay off the credit cards later. But it coudl result in a judgment on your record, which can hurt your credit.

HOWEVER... Why don't you just refinance? Call me at (800) 222-5016 and I will refer you to someone who can probably help you, even if you have poor credit.