British Expats

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-   Canada (https://britishexpats.com/forum/canada-56/)
-   -   UK debt in Canada (https://britishexpats.com/forum/canada-56/uk-debt-canada-304624/)

heckler May 22nd 2005 6:24 pm

UK debt in Canada
 
Does any one the correct answer to the question as to if UK creditors can trace and enforce debts on you in canada?

jerry brewer May 22nd 2005 6:59 pm

Re: UK debt in Canada
 
Hi,
yes, I have heard of it.
cheers
Jerry

gooding May 22nd 2005 7:47 pm

Re: UK debt in Canada
 
Oh yes they can, so dont even condsider it. You will also probably have a warrant for arrest issued later for not payment of deb you do a runner, then if you ever try and return to UK, you may be arrested.
Then you may not get not get back into Canada. If it is that bad a debt, then make yourself bankrupt before you go, it seems the fashionable thiong to do these days, although I believe they are trying to stop people doing it, as after something like 3 years you are clear of bankrupcy, so for many it is a very easy option. As Canda does not take into consideration and UK credit it would not affect rating over there.
Problem is how can you say you have suffiecient funds to land if you have debt in UK?



Originally Posted by heckler
Does any one the correct answer to the question as to if UK creditors can trace and enforce debts on you in canada?


Judy in Calgary May 22nd 2005 8:32 pm

Re: UK debt in Canada
 

Originally Posted by heckler
Does any one the correct answer to the question as to if UK creditors can trace and enforce debts on you in canada?

Y e s.

heckler May 22nd 2005 9:00 pm

Re: UK debt in Canada
 

Originally Posted by Judy in Calgary

I was just curious as had heard several different things from different people

Bankrupt seems the way forward then....but are we sure the canadian goverment doesnt rate that against you?

Gray C May 22nd 2005 10:23 pm

Re: UK debt in Canada
 

Originally Posted by gooding
Oh yes they can, so dont even condsider it. You will also probably have a warrant for arrest issued later for not payment of deb you do a runner, then if you ever try and return to UK, you may be arrested.
Then you may not get not get back into Canada. If it is that bad a debt, then make yourself bankrupt before you go, it seems the fashionable thiong to do these days, although I believe they are trying to stop people doing it, as after something like 3 years you are clear of bankrupcy, so for many it is a very easy option. As Canda does not take into consideration and UK credit it would not affect rating over there.
Problem is how can you say you have suffiecient funds to land if you have debt in UK?

FYI

If you were made bankrupt on or after 1 April 2004 you will be automatically freed from bankruptcy (known as “discharged”) after a maximum of 12 months. This period may be shorter if the Official Receiver concludes his enquiries into your affairs and files a notice in court.

cov-canuck May 22nd 2005 10:28 pm

Re: UK debt in Canada
 
I'm not sure if it's still there or not, but there was a featured article about this subject on the main page of this site (www.britishexpats.com). I read it yesterday. It stated that Canada has an agreement with the UK that they will honour any CCJs or anything applied to you in the UK when you are in Canada, and they will assist in tracking you down. Really a very bad idea.

Rich_007 May 22nd 2005 10:52 pm

Re: UK debt in Canada
 

Originally Posted by heckler
I was just curious as had heard several different things from different people

Bankrupt seems the way forward then....but are we sure the canadian goverment doesnt rate that against you?

As stated befoerhand how would you have proof of funds to qualify for PR, as could not show any assets...and how would bankruptcy status affect assessment of you as PR, being a legal court-applied status whch must surely come out in background check ?

Rich.

cov-canuck May 22nd 2005 11:43 pm

Re: UK debt in Canada
 

Originally Posted by Rich_007
As stated befoerhand how would you have proof of funds to qualify for PR, as could not show any assets...and how would bankruptcy status affect assessment of you as PR, being a legal court-applied status whch must surely come out in background check ?

Rich.

This question might be better posted in the immigration forum rather than the lifestyle and culture forum...

dingbat May 23rd 2005 7:47 am

Re: UK debt in Canada
 

Originally Posted by heckler
Does any one the correct answer to the question as to if UK creditors can trace and enforce debts on you in canada?

This depends on a number of things - which province you are intending to live in, for example and whether the debt has been sold on (factored). Most UK creditors will not chase debts under a certain threshold, unless they sell them on to Canadian skip tracers and recovery agents. Provincial reciprocation for debt collection also varies dramatically. Treat each province like a separate country - BC for example does enforce sold on debts, as does Ontario. BC won't enforce UK held debts, there is no provision in provincial law for them to be able to do so, unless there is a court order that is registered here and an agent appointed. It is very easy to find people if you know what you are doing. Going bankrupt is also not a solution as you are intending to leave the UK. You have to state on the bankruptcy forms that you will be around. If you have the assets to emigrate...then you can't go bankrupt. That would be committing fraud I believe. Creditors can ask for their debts to be removed from the bankruptcy application - mortgage shortfalls and credit cards like VISA and Mastercard do this.

MarkG May 23rd 2005 11:36 pm

Re: UK debt in Canada
 

This period may be shorter if the Official Receiver concludes his enquiries into your affairs and files a notice in court.
I believe it can also be up to fifteen years if they decide you've been irresponsible (e.g. running up debts you could never repay) rather than just unlucky. So before you decide to screw your creditors, talk to a decent bankruptcy lawyer first.

However, as pointed out, I'd imagine that your PR application could be considered fraudulent if you claim to have the required funds to emigrate yet have debts you can't pay.

heckler May 23rd 2005 11:58 pm

Re: UK debt in Canada
 

Originally Posted by MarkG
I believe it can also be up to fifteen years if they decide you've been irresponsible (e.g. running up debts you could never repay) rather than just unlucky. So before you decide to screw your creditors, talk to a decent bankruptcy lawyer first.

However, as pointed out, I'd imagine that your PR application could be considered fraudulent if you claim to have the required funds to emigrate yet have debts you can't pay.


Hmmmm, its all interesting...

My situation is simply that with the change in currency and type of work I dont think I will be able to maintain payments.

I am marrying my canadian fiancee in July and she wants to live in Canada to be near her parents...I am just considering all options.

So what are the minium funds required to emirgrate? I thought being sponsored took the empahisise off the financial side?

MarkG May 24th 2005 12:12 am

Re: UK debt in Canada
 
I did briefly look into the requirements for marriage sponsorship, but forget the details. It's all on the CIC web site, so that's probably the best place to look.

dbd33 May 24th 2005 12:17 am

Re: UK debt in Canada
 

Originally Posted by MarkG
I did briefly look into the requirements for marriage sponsorship, but forget the details. It's all on the CIC web site, so that's probably the best place to look.

I'm currently sponsoring someone. According to our advisor, my income, $36,000, is sufficient so long as I have the "proof of assessment" letter from RevCan. Since I have two other dependents to declare I thought the low income would be a problem but apparently it's not a major factor.

Souvenir May 24th 2005 3:23 am

Re: UK debt in Canada
 

Originally Posted by dbd33
According to our advisor, my income, $36,000..

That's some accountant you've got there boy! ;)


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