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-   -   Leaving UK Debt Unpaid - A Warning (https://britishexpats.com/forum/australia-54/leaving-uk-debt-unpaid-warning-620681/)

Anastasia Beaverhausen Jul 17th 2009 8:31 am

Leaving UK Debt Unpaid - A Warning
 
This one crops up from time to time and is always fun viewing, but a warning to those of you who are considering leaving debt behind unpaid...

A friend has recently been contacted by a debt collection agency in Australia, looking for an unpaid UK CC debt! :ohmy:

She is pretty confident that they cant do anything legally as the debt is in the UK, but shes is cacking it and looking over her shoulder a lot. Paranoia is not a nice place to live!!

So if you are seriously thinking about it, be warned. She has been here 5 years and has only been contacted in the last week.

mad city fan Jul 17th 2009 8:36 am

Re: Leaving UK Debt Unpaid - A Warning
 
As the saying goes you can run but you cant hide, I can see this thread getting alot of veiwers

xzibit Jul 17th 2009 8:45 am

Re: Leaving UK Debt Unpaid - A Warning
 
Surely paying the debt off before you leave is worth it, rather than having to live in fear of being caught.

Although it sounds mean, I hope she has to pay it back.

Anastasia Beaverhausen Jul 17th 2009 8:48 am

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by xzibit (Post 7760367)
Although it sounds mean, I hope she has to pay it back.

So do I

ABCDiamond Jul 17th 2009 8:53 am

Re: Leaving UK Debt Unpaid - A Warning
 
I have mentioned this a few times in the past:


The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia,
Desiring to provide, on the basis of reciprocity, for the recognition and enforcement of judgments in civil and commercial matters;

Have agreed as follows:

www.opsi.gov.uk/SI/si1994/Uksi_19941901_en_2.htm

The above link basically says that a court order (Civil and Commercial Matters) made in either country, can be enforced in the other country.

Deancm Jul 17th 2009 9:02 am

Re: Leaving UK Debt Unpaid - A Warning
 
Everything you need to know about leaving unpaid debt in the UK:

http://www.expatfocus.com/index.php?...=viewforum&f=2

While ABCdiamond is correct in that it can be enforced, 99.9% of the time it won't happen.

Centurion Jul 17th 2009 9:30 am

Re: Leaving UK Debt Unpaid - A Warning
 
The following is specific to consumer credit act debts in the UK, such as credit cards and I write this not as legal advice, merely my own understanding of the position.

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.


Now take this one step further. A County Court will not hear a claim where the defendant’s address for service as it appears on the claim form is not in England and Wales.

So my point is that if you were resident in the UK and a CCJ was issued against you BEFORE you left the country then it could be registered against you and reciprocal enforcement arrangements brought to bear.

However, if you are an Australian resident and a UK credit card company wants to then sue you for money they cannot make application to the County Court in the UK.

Twinset Jul 17th 2009 10:41 am

Re: Leaving UK Debt Unpaid - A Warning
 
Can they make application to recover in Australia?

Deancm Jul 17th 2009 10:45 am

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by Twinset (Post 7760642)
Can they make application to recover in Australia?

No

RenShen Jul 17th 2009 10:47 am

Re: Leaving UK Debt Unpaid - A Warning
 
A lot of these cases depend on the size of the debt. A couple of grand and I reckon you would be ok. It its tens of thousands though of course a debt collection will try to chase you for it.

Twinset Jul 17th 2009 10:49 am

Re: Leaving UK Debt Unpaid - A Warning
 
So, you can just ignore the attentions of the Australian debt recovery agent then?

Deancm Jul 17th 2009 10:54 am

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by Twinset (Post 7760669)
So, you can just ignore the attentions of the Australian debt recovery agent then?

Yeah. Just tell them you don't owe any debt on the UK and to piss off. All the debt collection agents do is buy the debt and rely on the publics ignorance and bluff to get money. They have no actual legal recourse to collect it and after (I think) 5 or 6 years it ceases to be a debt anyway.

MarkMC Jul 17th 2009 11:07 am

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by Twinset (Post 7760669)
So, you can just ignore the attentions of the Australian debt recovery agent then?

Tell them to clear off, and if they keep coming round threaten to report them. Laws are quite strict that they cannot harass you here.

kar-kier Jul 17th 2009 11:49 am

Re: Leaving UK Debt Unpaid - A Warning
 
They can't do a damn thing (unless they can prove fraud). They will only enforce civil and commercial debt - common or garden CC debt and bank loans are CONSUMER debt! Highly possible they will find you, but bugger all they can do, except piss you off!!

Catch Jul 17th 2009 12:16 pm

Re: Leaving UK Debt Unpaid - A Warning
 
[QUOTE=Anastasia Beaverhausen;7760324]This one crops up from time to time and is always fun viewing, but a warning to those of you who are considering leaving debt behind unpaid...

A friend has recently been contacted by a debt collection agency in Australia, looking for an unpaid UK CC debt! :ohmy:

She is pretty confident that they cant do anything legally as the debt is in the UK, but shes is cacking it and looking over her shoulder a lot. Paranoia is not a nice place to live!!

So if you are seriously thinking about it, be warned. She has been here 5 years and has only been contacted in the last week.[/QUOdebt:thumbdown:


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