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Old Jul 17th 2009, 12:29 pm   #16
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Default Re: Leaving UK Debt Unpaid - A Warning

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Originally Posted by Centurion View Post
Section 141 of the 1974 UK Consumer Credit Act states;

141 Jurisdiction and parties
In England and Wales, the county court shall have jurisdiction to hear and determine—
(a) any action by the creditor or owner to enforce a regulated agreement or any security relating to it;
(b) any action to enforce any linked transaction against the debtor or hirer or his relative;
and such an action shall not be brought in any other court.
Hold on - (a) is separate from (b), isn't it? Doesn't that just say that (b) claims can only be made in County Courts but County Court has original jurisdiction for (a) claims? And can't cases be passed between courts?

And are you sure that County Court claims can't be served on people outside England & Wales (although posting alone might not count)? This suggests otherwise (as far as I can divine - not that far necessarily): http://www.hmcourts-service.gov.uk/j...almer_0106.htm but things might have changed since then.
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Old Jul 17th 2009, 12:38 pm   #17
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Default Re: Leaving UK Debt Unpaid - A Warning

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Originally Posted by lapin_windstar View Post
Hold on - (a) is separate from (b), isn't it? Doesn't that just say that (b) claims can only be made in County Courts but County Court has original jurisdiction for (a) claims? And can't cases be passed between courts?

And are you sure that County Court claims can't be served on people outside England & Wales (although posting alone might not count)? This suggests otherwise (as far as I can divine - not that far necessarily): http://www.hmcourts-service.gov.uk/j...almer_0106.htm but things might have changed since then.
A court summons has to be served in person - bit difficult if you're not in the country!
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Old Jul 17th 2009, 12:44 pm   #18
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Default Re: Leaving UK Debt Unpaid - A Warning

Just another thing to consider, all companies who lend money depend on credit reference companies, most of which have UK and Aus branches, I can not say this for sure but it may have an impact on your credit rating, this may take years to happen, if at all, but in the age of globalisation who knows.

I only say this because of what our Non Uk friends have to go through to get credit here, where as for us with a very good UK rating have credit offered without problem.

No doubt I will be corrected as this is just me putting 2 and 2 together and getting 5?
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Old Jul 17th 2009, 12:44 pm   #19
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Default Re: Leaving UK Debt Unpaid - A Warning

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Originally Posted by kar-kier View Post
Highly possible they will find you, but bugger all they can do, except piss you off!!
Not in Australia they can't. Laws against harassment in this country.
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Old Jul 17th 2009, 12:47 pm   #20
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Default Re: Leaving UK Debt Unpaid - A Warning

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Not in Australia they can't. Laws against harassment in this country.
They can find you, and they can contact you! But you are right about the harassment - they can only contact you so many times in a given period, otherwise they are breaking the law!
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Old Jul 17th 2009, 12:49 pm   #21
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Default Re: Leaving UK Debt Unpaid - A Warning

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Originally Posted by lapin_windstar View Post
Hold on - (a) is separate from (b), isn't it? Doesn't that just say that (b) claims can only be made in County Courts but County Court has original jurisdiction for (a) claims? And can't cases be passed between courts?

And are you sure that County Court claims can't be served on people outside England & Wales (although posting alone might not count)? This suggests otherwise (as far as I can divine - not that far necessarily): http://www.hmcourts-service.gov.uk/j...almer_0106.htm but things might have changed since then.
County court claims cannot be served outside of England or Wales because there jurisdiction doesn't extend beyond those borders. If they want a reciprocal agreement they have to apply to a higher court (forgot which one) and it cost a lot of money!!! This alone turns debt collection agencies off pursuing overseas debts because the chances are the money that is owed will not cover the cost of the reciprocal agreement. consequently they write the debts off and claim through insurance as a bad debt.
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Old Jul 17th 2009, 12:55 pm   #22
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Default Re: Leaving UK Debt Unpaid - A Warning

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Originally Posted by robertnhelen View Post
Just another thing to consider, all companies who lend money depend on credit reference companies, most of which have UK and Aus branches, I can not say this for sure but it may have an impact on your credit rating, this may take years to happen, if at all, but in the age of globalisation who knows.

I only say this because of what our Non Uk friends have to go through to get credit here, where as for us with a very good UK rating have credit offered without problem.

No doubt I will be corrected as this is just me putting 2 and 2 together and getting 5?
Credit ratings are non transferable!! If you have a job, it is easy enough to obtain credit on arrival. I have a shit credit rating (in the uk), but were offered all sorts over here!! Something to do with Data Protection stops the credit rating from transfering (i think), but it def doesn't transfer, or have any baring on your Oz credit!
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Old Jul 17th 2009, 1:51 pm   #23
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Default Re: Leaving UK Debt Unpaid - A Warning

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Originally Posted by kar-kier View Post
Credit ratings are non transferable!! If you have a job, it is easy enough to obtain credit on arrival. I have a shit credit rating (in the uk), but were offered all sorts over here!! Something to do with Data Protection stops the credit rating from transfering (i think), but it def doesn't transfer, or have any baring on your Oz credit!
This has got to be true, we know people over here and have been here for 2 years. The had a number of CCJ's in the UK and left behind 2 loans in the region of £4000 each, luckily they sold their house just before they left.

Over here they live the life of pissin' riley (think thats the spelling!!), makes me sick to the back teeth. The honest folk who do everything by the book always get the rough end

Me and the hubby have a few debts in the UK but they are our first priorty, I do worry all the time, things are so hard over here, and to have all that back in the UK aswell, OMG, I don't know how I do it sometimes, I think it's determination
I wouldn't dream running, I would constantly lie in fear and wouldn't be able to sleep with the guilt and worry !
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Old Jul 17th 2009, 1:56 pm   #24
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Default Re: Leaving UK Debt Unpaid - A Warning

so are you telling me that someone living in Oz can just stop paying UK credit card bills and get away with it!!!!!! how the heck.........
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Old Jul 17th 2009, 1:59 pm   #25
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Default Re: Leaving UK Debt Unpaid - A Warning

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Originally Posted by DEEDEE01 View Post
Over here they live the life of pissin' riley (think thats the spelling!!), makes me sick to the back teeth. The honest folk who do everything by the book always get the rough end
Why would it make you sick to the back teeth? How does someone elses debt affect you?

Quote:
Me and the hubby have a few debts in the UK but they are our first priorty, I do worry all the time, things are so hard over here, and to have all that back in the UK aswell, OMG, I don't know how I do it sometimes, I think it's determination
I wouldn't dream running, I would constantly lie in fear and wouldn't be able to sleep with the guilt and worry !
Do you think the banks and credit card companies would think twice about chucking you out of your home if you were in financial difficulty? All the companies you have debt to are insured. They will just write it off as a bad debt and claim it on tax and insurance. At the end of the day they will lose nothing and yet you will go through a whole load of stress to get it paid...

Makes you wonder doesn't it?
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Old Jul 17th 2009, 1:59 pm   #26
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Default Re: Leaving UK Debt Unpaid - A Warning

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Originally Posted by daunted View Post
so are you telling me that someone living in Oz can just stop paying UK credit card bills and get away with it!!!!!! how the heck.........
Yup!! But if you get a whole lot of money with the intention of never paying it back, then you COULD be done for fraud. But say you have got it over the years, then bugger off, nothing they can or will do!
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Old Jul 17th 2009, 2:05 pm   #27
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Default Re: Leaving UK Debt Unpaid - A Warning

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Originally Posted by daunted View Post
so are you telling me that someone living in Oz can just stop paying UK credit card bills and get away with it!!!!!! how the heck.........
Basically, yes.
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Old Jul 17th 2009, 2:06 pm   #28
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Default Re: Leaving UK Debt Unpaid - A Warning

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so are you telling me that someone living in Oz can just stop paying UK credit card bills and get away with it!!!!!! how the heck.........
But then forget returning back to the UK.
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Old Jul 17th 2009, 2:09 pm   #29
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Default Re: Leaving UK Debt Unpaid - A Warning

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But then forget returning back to the UK.
Yeah, that is the other side of the coin! There really is no going back . . . unless you wait about 6 years, then it is wiped!
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Old Jul 17th 2009, 2:10 pm   #30
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Default Re: Leaving UK Debt Unpaid - A Warning

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But then forget returning back to the UK.
For 5 years anyway. After then it all beomes null and void. Clean slate.
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