Blimey90 Posted January 24, 2015 Share Posted January 24, 2015 Hello everyone, I will be leaving the UK soon to move to Australia and set up a new life with my partner. I have debt on credit cards and loans with a few different banks. With circumstances over the next couple of years probably won't be in a position to pay them back. As I need to move to Australia soon I was just going to move and then when I was in a position to pay them back personally and financially in a couple of years get in contact with the banks then. My question is, is it better to: 1) Just disappear and not tell the banks I have moved to Australia so it reduces the chance of debt collecting agencies chasing me in Australia or 2) Tell the banks I am living in Australia so they cannot get a CCJ against me at my last known address in my absence. To be honest I was just going to move without contacting the banks and deal with it all down the line. However I have read on here that Australia has a reciprocal enforcement agreement that could be enforced if a CCJ is logged against me. Therefore am I better telling the banks I am outside the uk so they can not give me a CCJ as unless I am mistaken the only way I could get trouble in Australia for my outstanding debt is if the CCJ is enforced. But if I tell them where I am living will I not just get bombarded with calls and letters harassing me?? Any guidance would be very much appreciated. Thanks Link to comment Share on other sites More sharing options...
Lindor Posted January 24, 2015 Share Posted January 24, 2015 There are a few threads on this subject. Some people have strong views on it..... Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted January 24, 2015 Share Posted January 24, 2015 A CCJ can only be entered against you whilst you are resident in the UK. Once you leave, any CCJ lodged against you is illegal and unenforceable. The law is Australia doesn't allow DCA's to bombard you with calls. The best way forward for you in this scenario is to contact your debtors AFTER you leave the UK, explain you are now residing outside of the EU, you don't have money to currently service your debt but will contact them when you are financially able too. For more advice, check out the consumer action group, though they seem to just advise people to forget their debts as they aren't enforceable once you leave the UK. Apparently consumer debts (credit cards, loans etc) stop at Dover! Google debt fugitives and you will find that there are thousands of people who have done this. I would only ask if you can afford to commit so many funds to emigrating if you can't afford to pay your debts before you leave. It's expensive and a money pit. Link to comment Share on other sites More sharing options...
Parley Posted January 24, 2015 Share Posted January 24, 2015 But if he puts all his expenses on his UK Credit Cards then he won't have a worry in the world will he ? It is only expensive if you have to pay it back. Link to comment Share on other sites More sharing options...
AJ Posted January 24, 2015 Share Posted January 24, 2015 Could always take all the stuff into the bank that you bought on the cards, they did pay for it! Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted January 24, 2015 Share Posted January 24, 2015 Please remember to keep this to debating the subject not the poster. To the OP there is no agreement between the UK and Aus so basically you could just up and leave. They may try and use a debt collector over here but the cost involved doesn't make it viable especially as the debt collector cannot legally force payment. The only time it would become a problem is if you took out a credit card/loan to fund your move and never had any intention to pay it back, this would be classed as fraud. Do I recommend doing a runner, well it's up to you, personally I couldn't and wouldn't want to be looking over my shoulder every 5 minutes. Also what if Aus doesn't work out and you need to return? Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted January 24, 2015 Share Posted January 24, 2015 Please remember to keep this to debating the subject not the poster. To the OP there is no agreement between the UK and Aus so basically you could just up and leave. They may try and use a debt collector over here but the cost involved doesn't make it viable especially as the debt collector cannot legally force payment. The only time it would become a problem is if you took out a credit card/loan to fund your move and never had any intention to pay it back, this would be classed as fraud. Do I recommend doing a runner, well it's up to you, personally I couldn't and wouldn't want to be looking over my shoulder every 5 minutes. Also what if Aus doesn't work out and you need to return? Even with the fraud scenario it's pretty hard to prove and I don't think the police in whichever country you moved to would be that interested in it. It really boils down to morals. You're either someone who is horrified by the thought of "doing a bunk" or you are someone who can shrug it off. Just make sure that whatever you decide, you manage your finances properly in the future! (Spoken like a true mother lol) Link to comment Share on other sites More sharing options...
Blimey90 Posted January 26, 2015 Author Share Posted January 26, 2015 Thanks to everyone for the replies, really appreciate you taking the time to do so. I think my main concern is getting a CCJ so rather than just disappearing I think I will notify the banks that I am no longer living in the UK. Does anyone know what my obligations are? Do I just need to tell them I am permanent resident outside of the UK or do I need to give a forwarding address? If they did pursue a CCJ in my absence and used last known address in UK then I tried to get it set aside, would I be refused as I didn't give them a forwarding address? Link to comment Share on other sites More sharing options...
itegoa Posted January 26, 2015 Share Posted January 26, 2015 CCJ's are only a problem if you plan on returning to the UK within the next 6 years. It really is a matter of morals. If it were me, i'd just leave the debt behind. I have morals, but if it meant ruining my chance to emigrate to Australia, then screw 'em LOL Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted January 26, 2015 Share Posted January 26, 2015 AFAIK if they have your Australian address (maybe give them a po box or hostel) they cannot issue a CCJ and if they do you have every right to have it revoked. Taken from the website of the 'CCJ factory' which is Northampton county court The Centre will not issue any of the following types of claim – (1) a claim against more than two defendants; (2) a claim against two defendants where a different sum is claimed against each of them; (3) a claim against the Crown; (4) a claim for an amount in a foreign currency; (5) a claim where either party is known to be a child or protected party within Part 21; (6) a claim where the claimant is a legally assisted person within the meaning of the Legal Aid Act 1988; (7) a claim where the defendant’s address for service as it appears on the claim form is not in England and Wales; (8 ) a claim which is to be issued under Part 8. Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted January 26, 2015 Share Posted January 26, 2015 AFAIK if they have your Australian address (maybe give them a po box or hostel) they cannot issue a CCJ and if they do you have every right to have it revoked. Taken from the website of the 'CCJ factory' which is Northampton county court The Centre will not issue any of the following types of claim – (1) a claim against more than two defendants; (2) a claim against two defendants where a different sum is claimed against each of them; (3) a claim against the Crown; (4) a claim for an amount in a foreign currency; (5) a claim where either party is known to be a child or protected party within Part 21; (6) a claim where the claimant is a legally assisted person within the meaning of the Legal Aid Act 1988; (7) a claim where the defendant’s address for service as it appears on the claim form is not in England and Wales; (8 ) a claim which is to be issued under Part 8. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07c link for above Link to comment Share on other sites More sharing options...
mungbean Posted January 26, 2015 Share Posted January 26, 2015 CCJ is one thing. Debt collectors turning up at any addresses you may have been registered at (e.g. parents) is something I'd be more worried about. Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted January 26, 2015 Share Posted January 26, 2015 CCJ is one thing. Debt collectors turning up at any addresses you may have been registered at (e.g. parents) is something I'd be more worried about. They can but they can't intimidate. Twinsmom use to be the best person on here to ask as she worked in this field. Link to comment Share on other sites More sharing options...
Blimey90 Posted January 29, 2015 Author Share Posted January 29, 2015 My parents address was 5 addresses back and over 5 years ago. Do you think they will go back that far? I have lived all over the country in these last 5 years. Link to comment Share on other sites More sharing options...
mungbean Posted January 29, 2015 Share Posted January 29, 2015 My parents address was 5 addresses back and over 5 years ago. Do you think they will go back that far? I have lived all over the country in these last 5 years. Your credit record has every address you have ever lived in while using banks, credit cards etc. I used to check with Credit Expert and they had about 48 different addresses on file for me, including spelling variations... There is a lot of discussion about this kind of stuff in the forums on http://www.moneysavingexpert.com/ Link to comment Share on other sites More sharing options...
j19jjr Posted January 29, 2015 Share Posted January 29, 2015 what about the poor buggers that will move into your current address & suddenly find themselves uncreditworthy???? Link to comment Share on other sites More sharing options...
mungbean Posted January 29, 2015 Share Posted January 29, 2015 what about the poor buggers that will move into your current address & suddenly find themselves uncreditworthy???? Unless they have exactly the same name as you, there will not be a problem. They've thought this through ;-) Link to comment Share on other sites More sharing options...
Ohsohappy Posted February 6, 2015 Share Posted February 6, 2015 Can I ask for clarification, I have lived in my own house for 7 years, can debt collectors go to my parents address even though I haven't been there for 7 years, 10 years. I'm 35, surely they can't go chasing my parents?! Thanks Link to comment Share on other sites More sharing options...
Gbye grey sky Posted February 6, 2015 Share Posted February 6, 2015 Can I ask for clarification, I have lived in my own house for 7 years, can debt collectors go to my parents address even though I haven't been there for 7 years, 10 years. I'm 35, surely they can't go chasing my parents?! Thanks They wouldn't chase your parents for payment, it is nothing to do with them. The most they might do is make contact with them if they were trying to trace you. Depends on the size of the debt how much effort they make. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted February 6, 2015 Share Posted February 6, 2015 Can I ask for clarification, I have lived in my own house for 7 years, can debt collectors go to my parents address even though I haven't been there for 7 years, 10 years. I'm 35, surely they can't go chasing my parents?! Thanks I would imagine the worst that would happen would be they'd send a letter to that address. Tell your parents to put " no longer at this address" on it and bung it back in the post. We had loads of letters like that when we moved into our rental in the UK after selling our house. Quite a few different names in fact. Link to comment Share on other sites More sharing options...
Sammo Posted October 18, 2016 Share Posted October 18, 2016 Does anyone have any first hand experience of leaving debts behind? What happened? Did anyone negotiate a settlement for a partial payment of the debt? Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.