familybonesinoz Posted October 6, 2012 Share Posted October 6, 2012 I realise that this has been discussed in the past. Sorry. What I am trying to find out is, Has anyone had (recently) any experience of UK debt being 'sold' onto AU Collection agencies. Do they have any jurisdiction over here? Can UK lending institutions take court action in AU or have earnings attachments issued? Do banks i.e HSBC have the power to transfer, and chase, any UK debt over her to AU? Alternatively does anyone have any contact numbers for solicitors or accountants who may specialise in this area. I read somewhere on here, a long time ago, that any consumer lending agreement signed in the UK was only enforceable in UK. Please do think of me as a bad person. Sometimes in life things happen and you have to act for the future and health of your family. Quote Link to comment Share on other sites More sharing options...
ukchris Posted October 6, 2012 Share Posted October 6, 2012 I dont know the answer to this but I hope your situation improves so that you are able to repay your debt. Quote Link to comment Share on other sites More sharing options...
PontePom Posted October 6, 2012 Share Posted October 6, 2012 I'm not here to judge so my advise is to ask http://www.citizensadvice.org.uk/ Hope you find out what you need to know Quote Link to comment Share on other sites More sharing options...
Claretjon Posted October 6, 2012 Share Posted October 6, 2012 My understanding is that as long as the debt remains a civil matter and not a criminal matter (I.e loans were obtained fraudulently) then there is no reciprocal agreement between the UK and aus and the debt cannot be pursued through the courts in Australia. Hope this helps Quote Link to comment Share on other sites More sharing options...
Cal2 Posted October 6, 2012 Share Posted October 6, 2012 not sure if it applies here or not, but it's useful to know in the UK at least, if a debt is in dispute no details at all can be passed to any 'collcetion agencies', you simply write and tell them it's in dispute and remove al details from all records they have, and complain to the original agency. The only debt that can be collected is that ordered by a court. Cal2 Quote Link to comment Share on other sites More sharing options...
ali Posted October 6, 2012 Share Posted October 6, 2012 Why not offer to pay so much off each month and you can pay that from Aus? Like others not here to judge and it doesn't make you a bad person having debt, but if it's a significant amount you won't be starting your new life in Aus under the best circumstances with the worry hanging over you, and a others have returned to live in the UK, it's always wise to consider what you would do if you needed to return and the debt was in the court system. Quote Link to comment Share on other sites More sharing options...
gwolst77 Posted October 11, 2012 Share Posted October 11, 2012 They can't touch you here for normal type UK credit debt IE loan, credit cards etc (slightly different if it's money owed to the taxman etc). Search some of my previous postings regarding this issue when other people have asked this question. Also there is a question mark around UK companies passing your details on to Australian companies (regardless of your credit history) as their data protection laws are not compatible with the ones int the UK and Europe. Nobody on here should be judging you, your only asking for advice and it's none of their business either. **** happens sometimes and you have to do what's best for you and your family. Quote Link to comment Share on other sites More sharing options...
Graemsay Posted October 11, 2012 Share Posted October 11, 2012 From a pragmatic point of view it would be worth trying to come to some sort of arrangement over your debts. Roughly one in three migrants return to the UK, and if it doesn't work out then you don't want to arrive back to several years worth of credit card interest. Quote Link to comment Share on other sites More sharing options...
kimsdu Posted October 11, 2012 Share Posted October 11, 2012 Nope they cant touch you...Look here http://forums.moneysavingexpert.com/ loads of free advice. Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted October 11, 2012 Share Posted October 11, 2012 Put 'debt' into the search engine of this forum, you will find lots and lots of discussion on this topic. Quote Link to comment Share on other sites More sharing options...
Perthbum Posted October 11, 2012 Share Posted October 11, 2012 Best just pay off what you owe to other people is the best advise, you borrowed it in the knowledge it had to be ad back even if it is monthly, they can chase you and the worry s just not worth it, plus it is immoral IMO. Quote Link to comment Share on other sites More sharing options...
Guest TheArmChairDetective Posted October 11, 2012 Share Posted October 11, 2012 I realise that this has been discussed in the past. Sorry. What I am trying to find out is, Has anyone had (recently) any experience of UK debt being 'sold' onto AU Collection agencies. Do they have any jurisdiction over here? Can UK lending institutions take court action in AU or have earnings attachments issued? Do banks i.e HSBC have the power to transfer, and chase, any UK debt over her to AU? Alternatively does anyone have any contact numbers for solicitors or accountants who may specialise in this area. I read somewhere on here, a long time ago, that any consumer lending agreement signed in the UK was only enforceable in UK. Please do think of me as a bad person. Sometimes in life things happen and you have to act for the future and health of your family. Interesting question . First answer, if the debt is legally enforceable in the UK, probably not. Read here and here But if you owe a million pounds or so I suspect there might be lawyers involved already :-) If the debt is not legally enforceable, well that's a different story. Quote Link to comment Share on other sites More sharing options...
Jacaranda Posted October 11, 2012 Share Posted October 11, 2012 Imho,not paying debt is comparable to theft!I'd advise you to make contact and start repaying.How can you sleep at night if you don't?Its the right thing to do. Quote Link to comment Share on other sites More sharing options...
Perthbum Posted October 11, 2012 Share Posted October 11, 2012 Imho,not paying debt is comparable to theft!I'd advise you to make contact and start repaying.How can you sleep at night if you don't?Its the right thing to do. Agree 100% it is no different than taking it out of someone's wallet, it is not your money so why try and avoid leaving owing someone money...it is theft. Quote Link to comment Share on other sites More sharing options...
SGHJLL Posted October 11, 2012 Share Posted October 11, 2012 Can you not go bankrupt and then if you do return to the Uk the debt will not bite you when you get back. As far as I can tell you get three years to do this remotely from Australia and you can appoint someone in Uk to go to court on your behalf so you don't need to come back to Uk to do it. Don't know how long it takes or if they look into your monetary situation to take anything off you in Oz bailiff wise, perhaps someone has more info for you on this? Would be a way to finalise it above board and lets you sleep without worrying about debts catching up with you x Quote Link to comment Share on other sites More sharing options...
gwolst77 Posted October 12, 2012 Share Posted October 12, 2012 Interesting question .First answer, if the debt is legally enforceable in the UK, probably not. Read here and here But if you owe a million pounds or so I suspect there might be lawyers involved already :-) If the debt is not legally enforceable, well that's a different story. Spot on, read both those threads and it will basically explain the situation, I have read many others and they all say the same thing. Do what you think is best for you. If you go Bankrupt the debt is officially wiped and there is a line in the sand drawn from that point on and there is no more chasing. The bankruptcy will stay on your UK record for 6 years once you have been discharged (which is a maximum of 12 months in most cases) If you don't pay and the account Default's (probably already happened) the default stays on your record for 6 years (even if you win the lottery and pay it off the next day). If you have no contact with the creditor (in writing admitting the debt is yours) for 6 years it is then statue barred and the debt is unenforceable. Basically if you go back to the UK in the next 6 years you ain't getting credit of any sort. Those are the basic facts regarding your situation, do what you want with them it's your decision Quote Link to comment Share on other sites More sharing options...
Goochie Posted October 12, 2012 Share Posted October 12, 2012 (edited) There are specialist solicitors who can make you bankrupt in the UK whilst you're living overseas. They charge a premium for the service but I know a colleague who used them and says it all went well. He "only" owed about 5000 but diddnt want it spiraling out of control whilst he was away. Normally you have to attend court in the UK to go bankrupt but you can give a solicitor power of attourney to represent you - After all, you cant repay the debt because Australia is very expensive and you certainally couldnt afford to fly back to the UK for a few hours in court If you want to know more about the ability (or not, as the case may be) of a company to chase you in Austrlaia, read this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?221573-UK-debt-being-Chased-in-Australia/page27& If you dont want to read the whole thing, WANewman has posted a good summary on page 27. In my opinion, anyone in a situation like this really needs to read that thread from start to finish. Edited October 12, 2012 by Goochie Quote Link to comment Share on other sites More sharing options...
gwolst77 Posted October 12, 2012 Share Posted October 12, 2012 There are specialist solicitors who can make you bankrupt in the UK whilst you're living overseas. They charge a premium for the service but I know a colleague who used them and says it all went well. He "only" owed about 5000 but diddnt want it spiraling out of control whilst he was away. Normally you have to attend court in the UK to go bankrupt but you can give a solicitor power of attourney to represent you - After all, you cant repay the debt because Australia is very expensive and you certainally couldnt afford to fly back to the UK for a few hours in court If you want to know more about the ability (or not, as the case may be) of a company to chase you in Austrlaia, read this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?221573-UK-debt-being-Chased-in-Australia/page27& If you dont want to read the whole thing, WANewman has posted a good summary on page 27. In my opinion, anyone in a situation like this really needs to read that thread from start to finish. Yep that's the one of the threads I have read, I remember the "Pie and Beer" and "BarclayShark" names in the thread Quote Link to comment Share on other sites More sharing options...
Missus B Posted October 12, 2012 Share Posted October 12, 2012 Best just pay off what you owe to other people is the best advise, you borrowed it in the knowledge it had to be ad back even if it is monthly, they can chase you and the worry s just not worth it, plus it is immoral IMO. Total horse sh7t PB. My sister has worked as a midwife all of her life. She saved a deposit for a house. She got a mortgage at the height of the property boom. Then the recession hit. She has taken a 14% pay cut in her wages. 14%!! Every month!! Not only that, she is on a variable rate mortgage. Interest rates have just gone up. Petrol costs more money and she was priced out of Dublin property, so she has to travel to work. She is in negative equity and is struggling to keep afloat. If she had the chance to move to Oz, I'd be telling her to go for it and leave the house behind. Everyone in Ireland is up to their neck in it. Life isn't about money you have or don't have. Leaving debt behind doesn't mean you've lived beyond your means. It can mean, for some, that the recession has brought them to their knees. Ireland is a depressing place right now and I don't think the UK has seen the worst of it yet. I would advise the OP to try and pay it off, as it will allow them to return with a clean slate, if they choose to. But I know, I wouldn't feel bad about leaving debt behind, if I literally couldn't afford to live or put food in my belly. Quote Link to comment Share on other sites More sharing options...
Missus B Posted October 12, 2012 Share Posted October 12, 2012 Agree 100% it is no different than taking it out of someone's wallet, it is not your money so why try and avoid leaving owing someone money...it is theft. Yeah, cos life is that cut and dry isn't it...:nah: Quote Link to comment Share on other sites More sharing options...
Mongrel Posted October 12, 2012 Share Posted October 12, 2012 Agree 100% it is no different than taking it out of someone's wallet, it is not your money so why try and avoid leaving owing someone money...it is theft. Ya missed in llama bar mate Quote Link to comment Share on other sites More sharing options...
Graemsay Posted October 12, 2012 Share Posted October 12, 2012 I disagree with Missus B. Her sister is a big girl, and made a decision that turned out to be the wrong one. She could have held off buying a property and rented instead. That said, I suspect that the situation in Ireland will involve a degree of debt forgiveness and modification to ease the burden on those who bought in at the top of the market. Otherwise a large proportion of the population will be financially stuffed over the long term, and that'll be a major drag on the economy. Quote Link to comment Share on other sites More sharing options...
colinmaclec Posted October 12, 2012 Share Posted October 12, 2012 I disagree with Missus B. Her sister is a big girl, and made a decision that turned out to be the wrong one. She could have held off buying a property and rented instead. That said, I suspect that the situation in Ireland will involve a degree of debt forgiveness and modification to ease the burden on those who bought in at the top of the market. Otherwise a large proportion of the population will be financially stuffed over the long term, and that'll be a major drag on the economy. Yes my poor heart bleeds for the bankers and shareholders who don't receive quite so much bonus because some poor soul cant pay back the mortgage that they struggled to pay for the last few years. Some people really need to get off their high horses.It really is not the fault of the poor sod who bought a home at the top of the market( gotta wonder who really benefited from the housing boom, Hmmm bankers? and the government!) Why not spare a thought for someone who maybe bought a home, never missed a mortgage payment and then suddenly found themselves unemployed and unable to pay the mortgage resulting in repossesion and unable to sell their way out of trouble because they are in negative equity. Yes they must be on par with thieves! Quote Link to comment Share on other sites More sharing options...
Missus B Posted October 12, 2012 Share Posted October 12, 2012 I disagree with Missus B. Her sister is a big girl, and made a decision that turned out to be the wrong one. She could have held off buying a property and rented instead. That said, I suspect that the situation in Ireland will involve a degree of debt forgiveness and modification to ease the burden on those who bought in at the top of the market. Otherwise a large proportion of the population will be financially stuffed over the long term, and that'll be a major drag on the economy. How was it a wrong decision to buy a house before anyone knew of the recession? She waited and waited and waited until she was 41 in fact, after renting since she was 18. She couldn't wait any longer. She saved extremely hard to afford a little 2 bed house in rural Ireland. And then the market crashed. Take off your blinkers! I'd like to see your take on things if you had to take a 14% pay cut and had a mortgage that at one stage, you could easily afford, that now you can't. Quote Link to comment Share on other sites More sharing options...
Perthbum Posted October 12, 2012 Share Posted October 12, 2012 Yeah, cos life is that cut and dry isn't it...:nah: You borrow money for all sorts of things, mortgage, car, holiday etc etc, you know you have to pay it back when you take the loan out, burying your head in the sand and going la la la la la, is a bit sad init, IMO leaving the country owing people money is wrong...very wrong. Quote Link to comment Share on other sites More sharing options...
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