Hi upstream,

I don't have the relevant legislation to hand regarding prescriptions and limitations but I would say that because she lived abroad/moved around then i don't think it would be time barred.

You have an obligation to inform the lender of change of circumstances/address. If she had lived in the same place for 5 years, the lenders were aware of the address and didn't communicate then she could argue the time barred. If the lenders can't find her then it's not right that it becomes time barred.

Do you know if any of three crediotrs have obtained Decree against her?

I don't think she has any other option but to face up to the debts when she returns to the uk.

I don't know if any decrees have been made against her. Having been in the Middle East and Africa for the last 6 years, I don't think she would know either as she hasn't been around for any correspondence. I think she seriously underestimates the gravity of the situation as we are talking about debts in the region of £40k. At the end of the day, it's not my problem as I've done my bit by completing a TD.

The job she's been offered is one that carries a huge amount of responsibility in the medical field, and she has told me that a couple of third party companies have been assigned to scrutinise references and do background checks. I'm guessing her financial history may be something they take a look at. If that's the case, they may well retract their offer and she'd stay put overseas.

If she did take up the post, would it just be a case of information sharing between credit reference agencies that would flag up her presence when she applied for credit in the form of a mobile contract, or letting agent credit check?

Hi upstream,

I'm not sure what would flag up her presence in the UK again.

It could be as you suggest applying for a mobile contract, letting agent check (although I'm not sure if this would leave a foot print for lenders to see) or it could be council tax or the voters roll.

I suspect once she tries to being living her life in the UK the debts will eventually catch up with her.

If as you say the potential position carried a huge amount of responsibility then 3rd party checks may bring up details of her financial history and past.

Was the Trust Deed terminated without her being discharged from her debts then? If so then I think that the 5-year prescription period would only start from the point that the Trust Deed terminated, which sounds like it might have been 2012/2013?

In any case, I believe that the 5-year rule does not apply to secured debts, or shortfalls on previously secured debts (though I must admit I couldn't swear to this as am not sure what legislation/case law this is founded on).

Yes, she was discharged from the TD, Kevin, but not from her debts. I'll pass on all of the info everyone has given me and she can make a decision from there, though she seems pretty set on coming back. She's married again so now has a different surname. I'm guessing she's probably hoping that may hide her tracks for a while. Personally, I would hate looking over my shoulder all of the time.

Hi Upstream

Has she registered to check her credit files with the credit reference agencies? That may give her a clearer idea what potential employers will see from that perspective, and whether she is able to explain it sufficiently to allow the job to go through.

It may be worth her while registering with them all and trying it for one free month or paying for one month to get a view (they do not all report the same information).

Equifax
CallCredit
Noddle
Experian

The first two can be checked through Checkmyfile. £7.99 per month.
Noddle is free (linked to CallCredit).
Experian is around £15 per month.

I guess the debts are her problem now and she will face any consequences based on her decisions. (Hopefully no link or hassle to you). Kind of you to check it out for her.

I doubt she's looked up what the reference agencies hold about her, Firewalker. She's still 'head in the sand' about it all. I'm not really looking into this out of kindness. Probably more to do with the hassle I'll get from her if the debt collectors do catch up with her. I can already hear her claiming half of the shortfall should be down to me etc! Keen to have my children closer to home again but concerned she will get found out and they'll be subjected to upheaval yet again when she does another runner.

Sorry to hear that Upstream. It is always much worse when children are involved.

I have no idea how that works when you say you have already completed your Trust Deed. I thought that all debts before the Trust Deed were included. Perhaps it depends on the debts you are referring to?

Maybe the experts could help you with that.

I hope it is positive news for you personally and you can at least address any hassle with knowledge and understanding of your position.

Hi Firewalker.

I think the issue here may be personal rather than financial.

You're correct that the debts that existed when the trust deed began have been dealt with (for upstream, not his ex who wasn't discharged from the debts). I guess that's not to say that someone connected to the situation might see it quite differently and conflict arise because of that.