Geelong Gent

What sort of car is it?

Perhaps someone might desire to take over the payments/agreement from you? In affect the premium they would pay (difference between market price and total amount of payments) is the same if they went to a dealer looking for same finance?

Have you tried Ebay? (you can fix a bottom price so it wont go for a $)

Have you spoken with the dealer you bought the car off?

Have you spoken with the finance company?

What sort of work do you do that has run out? Have you thought of another state? even if on temporary basis?

perksy

I think the poster needs to start to do some research as not many people here know much about the Australian debt system only the UK one.

Here http://www.debthelpline.com.au/ would be a good place to start

collybabe24

Thanks for the advice, we only have 3 weeks left here as flights are booked to the uk as we have work there ive advertised car everywhere its a holden astra 2005 good little car paid 21 grand for it 18 months ago and owe 16 grand.

ABCDiamond

It is very unlikely that you can just hand the car back. Most, probably 99.9%, of finance companies will want the debt paid, and not be interested in the car itself.

As a last resort, they would take it, but only allow a low value for it, with you being liable for the balance.

You should check the redbook value for it, looking at the lowest Trade In Price, as that would probably be the best you would be allowed. Then try to sell it for anything above that price.

I have just looked at one 2005 model and saw these prices:

• Private Price Guide $12,400 - $14,200
• Trade In Price Guide $10,100 - $11,900

In all likelyhood they will not chase you for the final balance if they do not know where you are, but they would probably appreciate you paying it off, over time, if you can.

daunted

I wish i had known this before i made paying my UK credit card off a priority - or maybe i dont least my conscious is clear but the money would have been nice here considering i dont foresee a trip back to uk for at least another 3 years

sportsendurance

Can they claim for added interest because your friend could be owing quite a bit if compounded over 5 years. They surely would be able to catch you if and when you return to the UK???

perksy

Debt written off after 6 years regardless of interest added. Only way they could find out if you were back in the UK during this period would be if you applied for credit or went back onto the electrol roll. If after the 6 year period or 5 in Scotland if theres been no admitance of the debt then it becomes Statute Barred and is unenforcable regardless of how much interest has been accrued.

Nick11

Talking of unpaid debt - my sis works for a very large credit rating firm that works very closely with the government on child tax etc. She told me that the British government are now setting their sights on unpaid student loans and are setting up offices in Australia,New Zealand and South Africa to track down immigrants who have student loans. Will make for interesting reading.

sonlymewalter

That's helpful thanks mate

Australia_bound?

If a creditor gets a CCJ against you in UK, is it not enforcable in Aus? I had been told it was, that's why they sell UK debts to Aussies collectors!

Geelong Gent

I heard this rumour back in the 90's when Ozzies and NZ set up shelf companies did contract work and left after a few years with out paying any tax (income or corporation).

It was never seen through. I suspect a few MP's had children on OE

kar-kier

If it has been served before you've left then I think it us then a civil matter, and enforcable, pesky can tell you for sure!

Centurion

Read the earlier posts in the thread from page 1 and be enlightened.

perksy

Quite correct. If you have an outstanding CCJ then providing the country in which you reside has a reciprocal agreement with the UK then there is a chance the creditor could apply to the Australian court. However due to the costs involved only a small number of cases are actually been taken this far. I would assume it would depend on the amounts involved, and wether the creditor would take the financial risk of the the case being dismissed by an Australian court. In theory a UK DCA could sell a debt with a CCJ to an Australian DCA in turn they would then have to apply to an Australian court to enforce. The problem starts when the debtor then gives the Australian DCA a UK or other foreign address on the paperwork (which many are advised to do). The debt then becomes unenforcable in Australia I'm led to believe. and the whole process starts again at the costs of the creditor. A CCJ only has an enforcable lifespan of 6 years from the date given. If no payment has been recieved during this period the creditor has to apply before a UK court to have permission to enforce, and they must have a good enough reason as to why they havent collected any monies owed during the 6 years. Not being able to contact the debtor is not classed as a good enough reason. As far as I know no creditor has ever won a case to have a CCJ re-enforced after the 6 year time frame.

A new CCJ cannot be enforced or issued for anyone living outside of England or Wales. As for Scotland or NI I do not know.

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.

perksy

If the Student Loan is pre-1998 (an old style one) then its classed as a consumer loan and not alot can be done to chase up payment. This loophole was closed for Student Loans issued post 1998 (which are classed as civil debts) and can be enforced provided the country of residence has a reciprocal agreement with the UK.