Business & Finance Debt

What Are The Ramifications of Eloping From Debts in Scotland and Moving Abroad?

All across Scotland, the rising cost of living and after effects of the recession are taking their toll and many more families are falling into financial difficulties.
While help is available to help people repay their debts using government legislation in the form of Trust Deeds, Debt Arrangement Schemes and Sequestration undoubtedly there are a number of people who may consider their debt problem to be so severe that they should moving abroad and starting afresh.
The stress associated with being in debt and facing an uncertain future can affect people in a number of ways and eloping from debts and moving abroad may appeal to more people than they care to admit but many of those people would never seriously consider doing so.
What would happen if you did elope from your debt? Eloping from debts is not a solution that any ethical provider of debt advice could ever recommend.
A historic term used to describe this process is known as a 'Midnight Flit' and this was based on tenants leaving their properties in the dead of night to avoid paying their landlords a rental payment and any other debts that they had accrued.
If you do not pay your debts and your creditors cannot make contact with you or receive any payment 6 years after the last contact with you, the debt will eventually become known as 'Statute Barred' and any attempt to collect on a debt is termed harassment under Section 40(1) of the Administration of Justice Act 1970.
However, this will be marked on your credit file as such so should you eventually wish to return to the UK, this could have an impact on you.
Also ask yourself these basic questions:
  • Would you have employment and somewhere to live?
  • If you moved abroad would you be able to speak the local language?
Your creditors will also employ tracing agents in order to locate you.
This could involve calls to your former employers and letters to your last known address and while it is against the Data Protection Act to discuss the details of your case with anyone other than yourself, the most inquisitive of people may be able to piece together what the tracing agent are attempting to do and who they represent by simple doing a search of the company on Google for example.
Would this worry you or even cause alarm to close family members? Creditors may also successfully trace you abroad, despite not having any jurisdiction to act upon the debt - it may serve as a constant reminder of the situation you have left behind.
If you are struggling with debts and live in Scotland, the best thing that you can do is look to resolve the debt ASAP.
You can seek free advice from a number of sources such as Citizen Advice Scotland and registered debt charities such as the CCCS.
Eloping from debt is not a choice that an individual should consider seriously and hopefully any such thoughts of doing so are merely frivolous.

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