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    Thread: Debt advice...

    1. #11
      The Mackie's
      Quote Originally Posted by the-nutters View Post
      Hi, we are new here. We have more or less made the decision to attempt the whole visa process. However, we do not want to waste any time or money unless we know for certain that we will not be disregarded from the start due to problems we had in past with finances. Our main problem is that bankruptcy was filed against us in uk. We are no longer in uk we are in europe. We are not worried about this following us but we need to know that we are not liikely to be prevented entry/visa into Oz as a direct result of this. It is disturbing enough going through this process so it would be awful if any chance to improve our life and move on would be effected as a result. Any help, anyone can give would be great :-) Thanks alot
      Hi, there is no question on the visa application about your previous finances etc, they ask if you will be bringing any money with you so I wouldn't have thought it would be a problem or stop you getting a visa.

      I imagine a few people out there just leave their debt in UK and never pay once they get their visa and get into OZ.?? - anyone got an opinion on this?


    2. #12
      Thanks for that... Only problem we have now is that we still owe Tax, VAT and NI Contributions in UK. When you do not have enough money to put food on the table everything else takes a backseat. I would estimate that we owe our government around £5,000.00. Does anyone know if a background check is done into tax issues etc? I know there are police checks, which is fine as we have nothing against us but, not sure how we stand on this? As always any help would be gratefully appreciated

    3. #13

      Senior Member
      Join Date
      Jan 2007
      Brisbane - Queensland
      1 times

      You seem to be running away from the problem rather than dealing with it to begin with
      and trying to go to another country without money is almost certain to lead to failure !

      I always say to people that what you come away from, expect to find and wish to work
      towards are very important aspects of settling in Australia and determining where you should settle.

      Your intention to to come to Australia and leave your debt behind, as you owe the Crown (HMIT) and the Government money will be irrelevant as Australia (each State) has Treaties with the UK which will mean you can be pursued in any State in Australia for the recognised debt and could be made bankrupt in Australia which would seriously halt any progress you wish to make and to start a new life.

      My advice to you is to settle and make an arrangement for the debt and delay your migration until such time as the matter is cleared in one way or another and you have some money - having debt or being an ex bankrupt does not affect your visa but may well affect your credit line in Australia.

      Kind regards
      Christopher Hare
      www.e-ra.biz (Immigration & Visa Support)
      (Skypecasts Forum Search : Australia Immigration)

    4. #14
      Hi Christopher, We have not and do not intend to run away from the problem. Our parents are prepared to get us upto date with our contributions et,c and obviously we do not wish to move away with any stigma which is likely to follow us around for however knows how long attached to us. We would like to start the long process of applying for visa, and just want to know that we will not be halted at the start as a result of these dues which we intend to pay. We will be declared bankrupts but, we do not believe that this writes off dues to government etc which is why I queried this. My husband is extremely qualified and clever in relation to IT work. As such I would hope that Oz would be the fresh new start that we all want and need :-) We have no interest in returning to UK, yes we have family and friends there but, having now been away for well over a year we have absolutely no desire ever to return, it is not a nice place to live anymore. So, if we do not end up in Oz we will end up somewhere. Just prefer Oz :-) Thanks for taking the time to reply to us. It is appreciated, we will now do our duty and clear our slates so that any chance of a new start can be a fresh one :-)

    5. #15
      Oz migration. where do you get your info from? you are incorrect on just about every turn here.

      First of all going bankrupt in the Uk does NOT follow you to Australia, it does not affect your Australian credit rating at all.

      The only country where things like this follow you to australia is from New Zealand.

      Credit in the UK is taken out under different laws and regulations and are not enforced in Australia.

      now im not saying you should not pay your debts off, but if you didnt and moved to Australia they are very unlikly to track you down. If they did there is not much they can do. if they have partner companies in Australia they may (in rare cases) pass the debt to them but they dont have the Power to enforce it. they can only send you letters, pay you visits etc but cannot enforce the debt. they would pretty much have to accept any offer of settlment you offer.

      They cant run checks on you, cant garnish your wages, cant affect your australian credit rating.. nothing..

      this is as good as it gets for them.. also debts are not sold to australia as no one would bother, not worth it.

      Now.. in regards to debts with the government (tax etc) that is different.. that can be chased and they do have a good working relationship with the Australian counterparts.


    6. #16
      Service of Documents Abroad - United Kingdom
      Relevant conventions / treaties / agreements
      There is no Convention, treaty or other agreement in force between Australia and the
      United Kingdom on the service of documents in civil proceedings.
      The United Kingdom is a party to the Hague Convention on the Service Abroad of
      Judicial and Extra Judicial Documents in Civil and Commercial Matters 1965.
      However, Australia has not acceded to the Hague Service Convention.
      Process to follow
      Private agent
      Service by private agent is permitted. Service through an agent (generally a British
      lawyer) does not breach United Kingdom law and is not considered by the United
      Kingdom Government to be a breach of its sovereignty.
      Diplomatic channel
      The United Kingdom Government will not accept requests through the diplomatic
      channel from another Commonwealth country (including Australia) seeking the
      assistance of its authorities in serving documents.
      Enforcement of Judgments
      The United Kingdom is listed in the Foreign Judgments Regulations 1992, made
      under the Foreign Judgments Act 1991. However, Australian litigants should be
      aware that there is no treaty or convention between the United Kingdom and Australia
      in relation to the recognition or enforcement of judgments in civil matters.
      Before obtaining a judgment in Australia for enforcement in the United Kingdom,
      Australian litigants should seek legal advice from a legal practitioner familiar with the
      requirements for enforcement in the United Kingdom.

    7. #17

      Senior Member
      Join Date
      Jan 2007
      Brisbane - Queensland
      1 times
      Hi Millertime

      Don't you just love the know-it-all who will rubbish a thread with their view !

      Firstly if you take the trouble to read the question thoroughly you will note that my reference is to Crown debt and secondly you are missing the point. If you wish to move overseas for a new start the last thing you want is various debt collectors chasing you and they can, there are many and vary sizable companies with vast resources and intimidation tactics whether a legal enforceable debt or not - it would not be a nice predicament.

      On most forms pertaining to the question of bankruptcy the question is not specific and very wide IE "have you ever been made bankrupt before" and the untruthful answer to that can be costly - you take a risk on interpretation and you should not be so matter of fact about this issue - it needs to be managed to prevent it becoming an issue downstream !

      As for quotes of reference as you shown where here is a counter one for you

      <FONT color=red>Where property belonging to the insolvent is situated in a country not designated under the provisions of section 426(11) (see paragraph 52.15), or where the official receiver seeks to implement other provisions of the Act in such a country, he should endeavor to do so initially by normal correspondence with the parties concerned. If he receives no response, or is advised that the relevant asset will not be surrendered or information supplied, he may, especially in relation to land, be able to obtain assistance through local diplomatic links. Such an approach should always be made through the Foreign and Commonwealth Office, King Charles Street, London

      Just quoting The Hague Convention doesn't protect you this is not Human Rights but Credit and legal aspect of entering into Bankruptcy and its ramifications or credit debt. You must seek professional help and here are details of the experts in the field and within UK and not a person in Australia telling you it will be fine - matters of finance don't just become fine if you run or ignore them. You must manage and take full responsibility to ensure your new start will not be 'darkened' from matters of the past :

      The Insolvency Service Website (gov site)
      Citizens Advice corporate website - Home

      Kind regards

      Last edited by oz migration; 27-10-2007 at 06:33 AM.
      Christopher Hare
      www.e-ra.biz (Immigration & Visa Support)
      (Skypecasts Forum Search : Australia Immigration)

    8. #18

      Join Date
      Sep 2005
      From Bury,Manchester To Jimboomba, Brisbane
      11794 times
      ok guys lets call this a day before it gets nasty me thinks!!!!!!
      I have read this forum with interest as this and similar questions are asked to me all the time,i too had been led to believe that any debt other than tax is not traceable here and noone will be waiting on your doorstep.I also know of quite a few poms who have run huge credit card debts and similar and had no problems at this end.Personally i would be looking over my shoulder all the time but i do know people who have done this and had no repucussions.
      I think the best solution for anyone who does owe lots of money in some shape or form or has been declared bankrupt should speak with a competant agent for advice,most agents wont take you on unless they know you will be ok,,good luck to all you guys,,,
      Cal x
      If you don't go after what you want, you'll never have it. If you don't ask, the answer is always no. If you don't step forward, you're always in the same place...
      If you get a chance,take it, If it changes your life,let it. Nobody said it would be easy they just said it would be worth it...

    9. #19
      Know it all.. you mean someone who knows what they are talking about?

      there is no need for you to get nasty like that. Ive worked in this industry so I have a insight to how it works. because i dont go along with what you say does not give you the right to have a go.

      You can search all you like on the net, all the debt forums or sites, you wont find examples of people being forced to pay once they have moved to australia.

      Ive never said you should skip off and not pay your debts in the uk, but you do need to know your rights when abroad and these debts are not enforceable. They can be chased but that in itself hardly ever happens.

      Also unlike the UK where debt collectors get away with just about everything, this is not the case in Australia.

      its hard enough in Australia for debt collectors to chase debts made in australia let alone from overseas. ie they cant call you at work, cant visit your house after 9pm can only contact you 3 times per week at most (in person and via the phone)

      And they CANNOT state they can do things which they cannot.. as this is a crimminal offence..!

      And ill say it again. these debts in the uk are under civil law and they cannot be passed to Australia as easy as you think.

      Think about it. why would some one in aus buy the debt, go the the very expensive legal proces to try and enforce it (when it cant be enforced) then have the person who ran up the debt just up and leave and return to the UK????

      I also read through the posts.. you state things like there are agreements with all the states and the UK?? where do you get that from? there are NO reciprocal agreements in place between Australia and the UK for the enforement of Civil debts. This is Fact. So why you would state otherwise I dont know..! The UK only has agreements with Germany and Canada. the only country that debts can be chased in Australia is New Zealand.

      I dont want to argue with you oz migration as you dont really have anything to argue with.

      thank you.
      Last edited by millertime; 27-10-2007 at 11:47 AM.

    10. #20

      Senior Member
      Join Date
      Oct 2007
      24 times
      Don't Worry Too Much About Your Uk Finances As They Will Not Affect Your Status In Australia As There Is No Access To Your Credit Files Under The Data Protection Act Out Of The Uk. If You Need Further Help Contact Me And I Will Give You A Call.

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