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-   -   DEBT TO HMRC IN THE UK & EMIGRATING (https://britishexpats.com/forum/australia-54/debt-hmrc-uk-emigrating-879932/)

mrs_e81 Jul 4th 2016 10:15 pm

DEBT TO HMRC IN THE UK & EMIGRATING
 
Hello there everyone,

I am at a bit of a loss which has found me here asking for advise :blink:

I am a mother of 4 children, currently studying a law degree and desperately wanting to get over to Australia once I have either my degree or I have completed an LPC. I am hoping to get a training contract in Australia, ambitious I know! :(

I have had a lot of past trauma in the UK and now to top things off a huge overpayment of roughly 30k by the HMRC!(I'm challenging this) plus I owe Council Tax in the region on 7k (all a repercussions on this ridiculous overpayment!) In total I think I owe to the HMRC roughly 70k ish! and NO absolutely NO criminal charges involved here guys! I can't explain the entire situation as it's so long winded but to cut it short it's ridiculous and I'm fighting it but it looks as though I'm hitting brick wall's and will loose! :banghead:

Anyway, to get to my question, if I do emigrate in the next 3 years (I'd go tomorrow if I could!) Can they chase me overseas? Have me arrested? Or affect my credit rating in Australia? Do they have a MARD agreement with Australia? Also, if I declared myself bankrupt before I left will this stop me emigrating if I was fortunate enough to get a position as a trainee solicitor in Australia?

So sorry for all the questions, but I am at my last ends with this all! Regardless, I am studying hard and am aiming to get myself and children out of the hell the HMRC have put me and my children in :boxing:

Beoz Jul 4th 2016 10:19 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 
If I were a betting man, I'd say the likelihood of someone advising how to scam the system on here is rather slim. But as a lawyer, go nuts, you should know the system.

mrs_e81 Jul 4th 2016 10:31 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 

Originally Posted by Beoz (Post 11994173)
If I were a betting man, I'd say the likelihood of someone advising how to scam the system on here is rather slim. But as a lawyer, go nuts, you should know the system.

Thank you for such a helpful and useful comment! :thumbup:

I have NOT scammed anything thank you very much, as I said to long winded to explain in detail, but it doesn't take a lawyer (which i am not) to know that if I had "scammed" the system, as you so politely put it, I would have been prosecuted for such a huge overpayment without a doubt! I was NOT in anyway shape or form perused criminally! Huge mess up by the HMRC (this does actually happen you know)and it has left me trying on my own to peruse them (and I can't get legal aid to do so, so no legal representation) great hey!

So please,think before being a keyboard warrior :focus:

Pulaski Jul 4th 2016 10:31 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 
You refer only to you and your children. You realise, don't you, that you can't remove your children from the UK without their father's permission or a court order?

mrs_e81 Jul 4th 2016 10:35 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 

Originally Posted by Pulaski (Post 11994181)
You refer only to you and your children. You realise, don't you, that you can't remove your children from the UK without their father's permission or a court order?

This wasn't one of my questions, however, I am a married woman to the father of all my 4 children who is of course coming with us.

Pulaski Jul 4th 2016 10:54 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 

Originally Posted by mrs_e81 (Post 11994187)
This wasn't one of my questions, however, I am a married woman to the father of all my 4 children who is of course coming with us.

Great, that's all good then. :thumbup:

mikelincs Jul 4th 2016 10:57 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 
Debts to the government such as HMRC etc will not go away, and may well be something they can, and will persue in other countries. Personal debts to credit cards etc you are less likely to be persued over. If you ignore the HMRC debts or do not arrange means of payment then returning to the UK, even if just for a holiday, may well cause problems. You really need to get this problem sorted before you go, and no-one on here will give you any advice other than that.

mrs_e81 Jul 4th 2016 11:01 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 

Originally Posted by mikelincs (Post 11994214)
Debts to the government such as HMRC etc will not go away, and may well be something they can, and will persue in other countries. Personal debts to credit cards etc you are less likely to be persued over. If you ignore the HMRC debts or do not arrange means of payment then returning to the UK, even if just for a holiday, may well cause problems. You really need to get this problem sorted before you go, and no-one on here will give you any advice other than that.

Maybe if I declared bankruptcy before I went this could be a way of disolving this? I have no ceasable assets anyway. Would the bankruptcy affect my visa application if I had a job lined up and supporting the application?

Tirytory Jul 4th 2016 11:05 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 

Originally Posted by mrs_e81 (Post 11994218)
Maybe if I declared bankruptcy before I went this could be a way of disolving this? I have no ceasable assets anyway. Would the bankruptcy affect my visa application if I had a job lined up and supporting the application?

Or maybe you could stay in the UK and aim to achieve a way of paying off some of your debt? I'm curious as to how $30k and $7k make $70k? I know that's not your question, but you posted all your info on an open forum:unsure:

mrs_e81 Jul 4th 2016 11:17 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 

Originally Posted by Tirytory (Post 11994222)
Or maybe you could stay in the UK and aim to achieve a way of paying off some of your debt? I'm curious as to how $30k and $7k make $70k? I know that's not your question, but you posted all your info on an open forum:unsure:

I didn't ask my questions to be investigated! I posted for some genuine help and advice. People get presumptuous because I haven't written a book on what exactly happened, it is enough I said it wasn't my fault the overpayment occurred, it was that of the HMRC, but neither less, and despite their own admission of this fact, they have written me up a ridiculous debt which would throw my entire family into financial chaos! Emigrating has been on the cards way before this happenning and this has only sealed the deal. Appeals are going through at the moment but I hold out no hope with the way we have been treated and are continued to be treated by narrow minded individuals who all they have on their mind is that I MUST have scammed someone. I posted on here because I honestly have done nothing wrong! which answers your question as to why I would post on a public forum. And just because I have done doesn't give people the right to ignorantly discredit my character. If anyone would of politely inquired for further information I would of happily given it, but I will not stand for this "beat up the scammer" approached on this forum! it's farcical :angry_smile:

spouse of scouse Jul 4th 2016 11:20 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 
Hi, just some info about practising as a solicitor in Australia - bankruptcy, bankruptcy related events, and instances of your creditors seeking to take legal action against you for recovery of debts are all 'automatic show cause events'.

In other words, you need to declare them, and also make a statement as why, despite these events, you are still a 'fit and proper person' to practice in Australia. I don't know if the same applies to a traineeship.

Reaver Jul 4th 2016 11:29 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 
I have to be honest. I don't think you have taken everything into consideration.

Having 4 children like yourself, my wife and I are also considering emigrating, however I am realistic to know that unless we can save about £30,000 in the next 3 years, it's not going to happen.

With everything that someone who wants to emigrate has to pay for, visas, medicals, career assessments, flights, temporary accommodation, container fees, leasing deposits, spare money, etc Im not sure that you can realistically afford to save up to go. Im not criticising, because I have had similar problems, but if you have managed to accrue £70k in debt, (£70k isnt something that suddenly happens, thats a long term problem.) it's unlikely you have the financial discipline to save to emigrate.

The other thing is, until you get that degree, noting is guaranteed. Furthermore, there is things in motion to prevent UK students running away from their student debt, and while this may or may not apply to you, if if goes through it could open the doors to other agencies chasing their debts across international borders.

mrs_e81 Jul 4th 2016 11:30 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 

Originally Posted by spouse of scouse (Post 11994230)
Hi, just some info about practising as a solicitor in Australia - bankruptcy, bankruptcy related events, and instances of your creditors seeking to take legal action against you for recovery of debts are all 'automatic show cause events'.

In other words, you need to declare them, and also make a statement as why, despite these events, you are still a 'fit and proper person' to practice in Australia. I don't know if the same applies to a traineeship.

Thank you very much for your information :regular_smile:

I have no intention of hiding anything, a career in law wouldn't accommodate that, and I certainly wouldn't waste 4 years hard graft because of lies! I've had bankruptcy presented to me as a solution purely due to the amount owed. If the debt was accumulated knowingly by myself I absolutely would be making arrangements to have this paid by hook or by crook! It just hurts being thrown into this especially when you've always been a person on top of everything like myself (self confessed control freak! :confused_smile:). I've never missed payments to creditors etc EVER! then this! It's awful, and extremely scary! :sad_smile:

mikelincs Jul 4th 2016 11:32 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 

Originally Posted by mrs_e81 (Post 11994218)
Maybe if I declared bankruptcy before I went this could be a way of disolving this? I have no ceasable assets anyway. Would the bankruptcy affect my visa application if I had a job lined up and supporting the application?

The basic facts are that you need to sort this out BEFORE you emigrate, normally such problems will negatively impact any application for a job with legal implications, they may not impact getting a visa if you can get one without a job offer, but once you get over there. Failure to inform your potential employers may also cause problems if you have not sorted it out first as, if your debtors contact them at any time and you haven't declared the problem, then they may have problems with you.

spouse of scouse Jul 4th 2016 11:35 pm

Re: DEBT TO HMRC IN THE UK & EMIGRATING
 

Originally Posted by mrs_e81 (Post 11994236)
Thank you very much for your information :regular_smile:

I have no intention of hiding anything, a career in law wouldn't accommodate that, and I certainly wouldn't waste 4 years hard graft because of lies! I've had bankruptcy presented to me as a solution purely due to the amount owed. If the debt was accumulated knowingly by myself I absolutely would be making arrangements to have this paid by hook or by crook! It just hurts being thrown into this especially when you've always been a person on top of everything like myself (self confessed control freak! :confused_smile:). I've never missed payments to creditors etc EVER! then this! It's awful, and extremely scary! :sad_smile:

I'm sorry that you're having such a hard time. My best advice is to consult a registered migration agent, you've had a couple recommended to you on other posts. Best of luck for the future.


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