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UK Small Claims Court


coastie

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Hi,

 

I don't want to go into any detail but there is a chance that someone may make a claim against me in the UK small claims court. As I am now an Australian Permanent Resident, can they still do that? How will they contact me? How will they get the money if they win?

 

Any advice would be appreciated.

 

Coastie.

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  • 2 weeks later...
Hi,

 

I don't want to go into any detail but there is a chance that someone may make a claim against me in the UK small claims court. As I am now an Australian Permanent Resident, can they still do that? How will they contact me? How will they get the money if they win?

 

Any advice would be appreciated.

 

Coastie.

 

No one can take money out of your Australian bank account without permission unless it is from an Australian court order, or you owe the UK government money (taxes/child support), not a small claims decision in the UK. The claims courts in the UK work on a different system to Australia, they may be able to garnish any income you may be getting from the UK, but not from Australia. They can only contact you if they know what your address/telephone/email details are. They will not get any money if you have no money in the UK, they could force you into bankruptcy in the UK, but this in no way affects your credit file/rating in Australia as they are completely separate systems, when you apply to borrow money in Australia they open a fresh, clean credit file on you. It is possible that they could sell your debt to an Australian debt collection agency, but it would be for very little money, and they could only do this if they know you are in Australia, (Highly unlikely unless it's a LOT of money, this rarely happens).

 

I am not an expert but did a lot of research into this before I moved as I wanted to increase my credit rating, I couldn't as I had to start fresh like everyone else. Bottom line, your credit file starts afresh in Australia and what happens in the UK stays in the UK, (unless it's owed to the UK government). They can only contact you if you give them your details.

 

Hope that helps.

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Hi,

 

I don't want to go into any detail but there is a chance that someone may make a claim against me in the UK small claims court.

 

It's not a separate court - it is the small claims track of the county court. They can do it over the internet via moneyclaim online.

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Many thanks for your reply Boberts. Nobody in the UK, apart from my mother knows my address in Australia so I should be okay.

 

Coastie.

 

No one can take money out of your Australian bank account without permission unless it is from an Australian court order, or you owe the UK government money (taxes/child support), not a small claims decision in the UK. The claims courts in the UK work on a different system to Australia, they may be able to garnish any income you may be getting from the UK, but not from Australia. They can only contact you if they know what your address/telephone/email details are. They will not get any money if you have no money in the UK, they could force you into bankruptcy in the UK, but this in no way affects your credit file/rating in Australia as they are completely separate systems, when you apply to borrow money in Australia they open a fresh, clean credit file on you. It is possible that they could sell your debt to an Australian debt collection agency, but it would be for very little money, and they could only do this if they know you are in Australia, (Highly unlikely unless it's a LOT of money, this rarely happens).

 

I am not an expert but did a lot of research into this before I moved as I wanted to increase my credit rating, I couldn't as I had to start fresh like everyone else. Bottom line, your credit file starts afresh in Australia and what happens in the UK stays in the UK, (unless it's owed to the UK government). They can only contact you if you give them your details.

 

Hope that helps.

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