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

NikiL Jul 20th 2009 6:06 am

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by kar-kier (Post 7764798)
On the subject of civil debt, my ex buggered off out the country owing me £6k in child maintainence payments - CSA told me they wouldn't bother chasing him, and that to say goodbye to ever seeing that money again - now THAT is morally wrong!!

Go to court, get a REMO agreement (or Australian equivalent) assuming the agreement exists between the two countries in question (certainly does UK and Australia) then Australian CSA can enforce it through the CSA of whichever country he is in.

http://www.officialsolicitor.gov.uk/..._countries.htm

kar-kier Jul 20th 2009 6:19 am

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by NikiL (Post 7767066)
Go to court, get a REMO agreement (or Australian equivalent) assuming the agreement exists between the two countries in question (certainly does UK and Australia) then Australian CSA can enforce it through the CSA of whichever country he is in.

http://www.officialsolicitor.gov.uk/..._countries.htm

Thanks for that! Karma on it's way!

bishdoctor Jul 20th 2009 6:34 am

Re: Leaving UK Debt Unpaid - A Warning
 
Hi i have a question about leaving debt in australia, had lots of bad news the last few weeks and more today, to cut a long story short i lost my job so did the wife, we managed to keep paying bills, mortgage etc but decided we just couldnt struggle on any longer so have booked flights home, problem is we have no money wat so ever and are worried sick as we have a credit card with $4000 and to top the lot today we found out we have to pay 4 grand in penalties for stamp duty as we havent had the house 12 months, im basically crapping myself as we have never been in debt and i just dont know how i'm going to pay them back, we made 10 grand on house but that just covers fees, any advice please

ronan_in_Oz Jul 20th 2009 7:24 am

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by bishdoctor (Post 7767096)
Hi i have a question about leaving debt in australia, had lots of bad news the last few weeks and more today, to cut a long story short i lost my job so did the wife, we managed to keep paying bills, mortgage etc but decided we just couldnt struggle on any longer so have booked flights home, problem is we have no money wat so ever and are worried sick as we have a credit card with $4000 and to top the lot today we found out we have to pay 4 grand in penalties for stamp duty as we havent had the house 12 months, im basically crapping myself as we have never been in debt and i just dont know how i'm going to pay them back, we made 10 grand on house but that just covers fees, any advice please

I feel really bad and sorry. :(

I have the following suggestions:

1) Why do not you ask your friends/relatives back home for li'l help. I'm sure that way you can arrange some funds.

2) Why not talk to your credit card company and see if you can buy some more time.

Remember, leaving your debts behind might not be the best thing to do :(. I'm only saying this, coz it might affect your chances of returning back to Australia in the future.

I wish you a really good luck...

RenShen Jul 20th 2009 8:59 am

Re: Leaving UK Debt Unpaid - A Warning
 
I have a question that might fit into this thread.

My cousin hopes to move to Australia shortly but he has a £2k credit card debt. He has worked to pay off other debts but just has this one left.

I am not saying I agree with him but I think he is planning to come to Australia and leave the debt behind, not giving the creditors his forwarding address. However, he is worried because he has a few thousand in a UK account. Its only in his name though, its not his money. His brother in law owns the money......long story but there you go.

The question is, if he comes to Australia, could a debt collection agency get their hands on the money that he has in the account in the UK?

Thanks,
Ren

jimmie2807 Jul 20th 2009 10:05 am

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by kar-kier (Post 7761323)
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!

Erm not technically true, If you do decide to go back then all you have to do is ring them up and tell them your coming home and want to pay off the debts. You then arrange a payment plan. Chances are its been sold to an agency for about £1 in every £10 so you can actually wipe most of it off and pay probably 8/9 times less than the actual debt initially was. If you already been defaulted with a couple of years left then its really just not worth paying it back at all.

asprilla Jul 20th 2009 10:07 am

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by perksy (Post 7762592)

Should you lend me a CD for example and I have every intention of giving it back to you which we both agree on. Is it stealing if I cannot for whatever reason give it back to you? You will find the answer is no.

I would have borrowed one of your DVD box sets as security.

jimmie2807 Jul 20th 2009 10:19 am

Re: Leaving UK Debt Unpaid - A Warning
 
on the other hand, what are your taxes paying for??

I know a girl who has 4 kids with different dads and receives £400 a week cash plus £1500 a month rent. Thats more than I earn.

I put my house up for rent and all I have had is single mothers applying who havent worked a day in their lives.

I regularly deal with immigrants claiming benefits under 3/4 different names and living the high life.

Why should I have to pay taxes for these people?? They regularly deceive banks and institutions and nothing will happen to them.

begs the question why bother yourself??

perksy Jul 20th 2009 11:10 am

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by tking (Post 7766651)
Regarding the Stduent Loan thing (Perksy?), I have 3 student loans 1996, 1997, 1998. I'm currently paying them off and will continue to do so as I am grateful for a good education and luckily can afford it with no real issues (mostly due to a good job directly related to a good education!)...

but! Totally theoretically, if I decided to close the UK account I pay out of (direct debit agreement signed in 1996) they have no way of making me pay?

My loans (luckily) are fairly low as I was able to receive the grants at the time. I do however have friends whose loans are now around the 7500quid mark. Can they just leave them? Surely there is some come-uppance? Or is it truly as simple as closing UK account and staying out of UK for 5 years?

If this is the case I'm amazed that the SLC can miss out on so much cash!

Just to reiterate to anyone who feels morally outraged, I won't be doing this - I am only a few hundred quid from paying it off. And as I have family in the UK it's just not worth having that hanging over me as I may have to one day move back - anything can happen.

Effectively yes you can. The pre-1998 Student Loans are classed as consumer debts. Its just the same as doing a bunk on your credit card, overdraft or store card. Sure your UK credit score will get hammered but if you plan never to go back within the 5 or 6 year time frame then its irrevelent. With the post 1998 loans the loophole was closed and they are now classed as civil debts for which theres no escape in Australia.

perksy Jul 20th 2009 11:12 am

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by RenShen (Post 7767314)
I have a question that might fit into this thread.

My cousin hopes to move to Australia shortly but he has a £2k credit card debt. He has worked to pay off other debts but just has this one left.

I am not saying I agree with him but I think he is planning to come to Australia and leave the debt behind, not giving the creditors his forwarding address. However, he is worried because he has a few thousand in a UK account. Its only in his name though, its not his money. His brother in law owns the money......long story but there you go.

The question is, if he comes to Australia, could a debt collection agency get their hands on the money that he has in the account in the UK?

Thanks,
Ren

Highly doubtful since they cant CCJ him because he doesn't reside in England or Wales.

RenShen Jul 20th 2009 11:37 am

Re: Leaving UK Debt Unpaid - A Warning
 
Thanks for that.

RedT Jul 20th 2009 12:49 pm

Re: Leaving UK Debt Unpaid - A Warning
 
I have one question: if one buggers off to Aus leaving UK debts behind can they declare you bankrupt in the UK in your absence? I ask only because being declared bankrupt would prevent my OH working in his field in the UK should we return from Oz. I should also point out that we have no intention of buggering off without paying our debts in the UK first...although I did suggest it in a moment of pure frustration at how long it was taking to do so. :(

Australia_bound? Jul 20th 2009 9:35 pm

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by perksy (Post 7764493)
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.

Would creditor be able to get a CCJ if you'd not told them you're no longer residing in the UK?
I'd say that people who leave debt aren't going to rush to tell creditors where they're moving. So do creditors need to prove you're in the UK to get a CCJ, or would a CCJ raised against someone not in the UK be no longer valid :confused:

sr71 Jul 20th 2009 10:38 pm

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by RedT (Post 7767817)
I have one question: if one buggers off to Aus leaving UK debts behind can they declare you bankrupt in the UK in your absence? I ask only because being declared bankrupt would prevent my OH working in his field in the UK should we return from Oz. I should also point out that we have no intention of buggering off without paying our debts in the UK first...although I did suggest it in a moment of pure frustration at how long it was taking to do so. :(

Yes, they can, but depending on the amount and the creditor.

sr71 Jul 20th 2009 10:49 pm

Re: Leaving UK Debt Unpaid - A Warning
 

Originally Posted by Australia_bound? (Post 7768948)
Would creditor be able to get a CCJ if you'd not told them you're no longer residing in the UK?
I'd say that people who leave debt aren't going to rush to tell creditors where they're moving. So do creditors need to prove you're in the UK to get a CCJ, or would a CCJ raised against someone not in the UK be no longer valid :confused:

Yes, they can get a CCJ if you have left the UK, however they are not supposed to if they know you have left the country.


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