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What happens to debts in UK when moving to Canada?

What happens to debts in UK when moving to Canada?

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Old Oct 26th 2014, 10:24 pm
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Default Re: What happens to debts in UK when moving to Canada?

I believe the OP just wanted advice on the most convenient way to carry on UK debt repayments once she has arrived in Alberta. It seems to me, everyobe has jyst assumed she wants to skip out without making repayments, no wonder she hasnt been back
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Old Oct 27th 2014, 2:08 am
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Default Re: What happens to debts in UK when moving to Canada?

How bill collectors find people I have no idea, nor do I know where the info comes from, but a collection agency is after me for some charge a cell company claims I owe, I refuse to pay as I don't believe I do owe it, and the collection agency has thus far not sent any proof I do owe it.

They did manage to find me though, well phone a number my GF's number at that, how they found it, I have no idea since I don't use her number, I am not listed on her account, I checked my credit report and her number isn't on there either.

Other then an automated call daily about escalating the matter, they haven't done anything yet.

I did win the dispute on the credit reporting agencies though and it was removed off my credit report as the agency provided no proof the debt is actually owed.

Trying to get in touch with a human who is a royal ass has been impossible, so I ignore them now.
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Old Oct 27th 2014, 2:27 am
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Default Re: What happens to debts in UK when moving to Canada?

Originally Posted by Jsmth321
How bill collectors find people I have no idea, nor do I know where the info comes from, but a collection agency is after me for some charge a cell company claims I owe, I refuse to pay as I don't believe I do owe it, and the collection agency has thus far not sent any proof I do owe it.

They did manage to find me though, well phone a number my GF's number at that, how they found it, I have no idea since I don't use her number, I am not listed on her account, I checked my credit report and her number isn't on there either.

Other then an automated call daily about escalating the matter, they haven't done anything yet.

I did win the dispute on the credit reporting agencies though and it was removed off my credit report as the agency provided no proof the debt is actually owed.

Trying to get in touch with a human who is a royal ass has been impossible, so I ignore them now.
Send the agency a letter telling them to contact you in writing, they cannot phone you again. If you dispute the debt, tell them so and to take you to court, unless the debt is large, likely you won't hear from them again. Of course if they report to the credit bureaus it may appear on your report.
Forms
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Old Oct 27th 2014, 12:43 pm
  #49  
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Default Re: What happens to debts in UK when moving to Canada?

Originally Posted by tweed_wearer

If you default and the creditors want to pursue you, they would obtain a CCJ in England and then apply for this to be registered for enforcement in Canada under the Foreign Judgments (Reciprocal Enforcement) Act - this would (I assume) give you a canadian court judgment against your name and be a black mark on your credit file in Canada as well as the UK. There would be nothing to prevent creditors, even without a judgment, hiring a canadian enforcement agency to hassle you, even without a judgment.
You have to be resident in the UK to have a CCJ set against you. If you're not resident, you can have it set aside.

So, yes, Canadian courts can get involved, but you would have to have had the CCJ before leaving for Canada.

If I understand correctly, most credit agreements (cards, store cards, personal loans), fall under the Consumer Credit Act. Given that this is English legislation, a creditor could not take you to a Canadian court if you're in breach of it (unless a CCJ had been obtained against you whilst resident in the UK).
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Old Oct 27th 2014, 4:57 pm
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Default Re: What happens to debts in UK when moving to Canada?

its also law in the UK theres a time limit for them to find you, think its two years, after that the debt is dead, Yes thats true i have a County Court Bailiff as a friend in england.
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Old Oct 27th 2014, 4:58 pm
  #51  
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Default Re: What happens to debts in UK when moving to Canada?

How they find you ? Just type your name into google search lol
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Old Oct 27th 2014, 4:59 pm
  #52  
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Default Re: What happens to debts in UK when moving to Canada?

Originally Posted by Juggernaut1064
its also law in the UK theres a time limit for them to find you, think its two years, after that the debt is dead, Yes thats true i have a County Court Bailiff as a friend in england.
Never heard that one before. Interesting.
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Old Oct 27th 2014, 5:32 pm
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Default Re: What happens to debts in UK when moving to Canada?

Originally Posted by Juggernaut1064
its also law in the UK theres a time limit for them to find you, think its two years, after that the debt is dead, Yes thats true i have a County Court Bailiff as a friend in england.
It is the limitation act 1980. For most debts it is 6 years before they become statute barred.

https://www.nationaldebtline.org/EW/...s/Default.aspx
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Old Oct 27th 2014, 5:43 pm
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Default Re: What happens to debts in UK when moving to Canada?

Originally Posted by Juggernaut1064
its also law in the UK theres a time limit for them to find you, think its two years, after that the debt is dead, Yes thats true i have a County Court Bailiff as a friend in england.
In Scotland it is called statute barred debt and is 5 years - as long as you meet certain conditions ( no decree against you/ no payments made or written acknowledgement of the debt).
But that doesn't include debt owed to government agencies - I think they have either 15 or 20 years to chase you to the ends of the earth.
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Old Oct 27th 2014, 9:10 pm
  #55  
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Default Re: What happens to debts in UK when moving to Canada?

Originally Posted by Aviator
It is the limitation act 1980. For most debts it is 6 years before they become statute barred.

https://www.nationaldebtline.org/EW/...s/Default.aspx
it could be 6 years, i was visiting the UK and more than a little drunk when that comment was made lol It was about someones debt in the UK so wasnt paying 100% drunken attention lol
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Old Oct 28th 2014, 2:12 am
  #56  
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Default Re: What happens to debts in UK when moving to Canada?

Originally Posted by wolstie
You have to be resident in the UK to have a CCJ set against you. If you're not resident, you can have it set aside.

So, yes, Canadian courts can get involved, but you would have to have had the CCJ before leaving for Canada.

If I understand correctly, most credit agreements (cards, store cards, personal loans), fall under the Consumer Credit Act. Given that this is English legislation, a creditor could not take you to a Canadian court if you're in breach of it (unless a CCJ had been obtained against you whilst resident in the UK).
It is possible to obtain an CCJ while not being a resident of England or Wales. The only real difficulty for the creditor is serving the debtor with the documents. Once that is achieved, the creditor can proceed against the debtor quite easily.
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Old Oct 28th 2014, 2:14 am
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Default Re: What happens to debts in UK when moving to Canada?

Originally Posted by Almost Canadian
It is possible to obtain an CCJ while not being a resident of England or Wales. The only real difficulty for the creditor is serving the debtor with the documents. Once that is achieved, the creditor can proceed against the debtor quite easily.
Out of interest, could the Creditor post "the documents" to the Debtor by some form of registered post?
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Old Oct 28th 2014, 2:19 am
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Default Re: What happens to debts in UK when moving to Canada?

Originally Posted by rivingtonpike
Out of interest, could the Creditor post "the documents" to the Debtor by some form of registered post?
When I left England, that was a valid method of service. I believe that that is no longer the case.

Part 6 of the Civil Procedure Rules provide how service is to be effected. Read it at your leisure here: CPR
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Old Oct 28th 2014, 2:29 am
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Default Re: What happens to debts in UK when moving to Canada?

Originally Posted by Almost Canadian
When I left England, that was a valid method of service. I believe that that is no longer the case.

Part 6 of the Civil Procedure Rules provide how service is to be effected. Read it at your leisure here: CPR
Blimey - just scanned it and none the wiser! Is Canada out of Jurisdiction or not? I couldn't see it on the list. So does that serving papers for an individual to appear in Court to face a debt hearing (or whatever the correct term is) have to be served in person?
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Old Oct 28th 2014, 3:49 am
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Default Re: What happens to debts in UK when moving to Canada?

Originally Posted by Juggernaut1064
How they find you ? Just type your name into google search lol
Sorry for going off topic but just remembered this, about 6 yrs ago, a mate from the UK called me and told me to Google my name, so I did and got, my name and
"This bastard is running round Thailand with Ladyboys and new false teeth while letting his ex-wife & child starve. If you know where he is, let me know or kill him."
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