uk debt whilst living abroad

woody01

lamingk wrote: »

woody01' on all 3 you are wrong I have since found out .Are there any experts in this field out there who can shed some light on my original post.No bitter and twisted wasters please.
Thanks in advance

I am sorry but i think you will find that all 3 points are correct!

If you used google (or asked your wife that works in immigration like i did), you would have to keep asking how to dodge your debts.

I am suprised a site such as this lets you ask for advice on how to ignore your debts and run away to another country with you tail between your legs.

lamingk

woody01 wrote: »

I am sorry but i think you will find that all 3 points are correct!

If you used google (or asked your wife that works in immigration like i did), you would have to keep asking how to dodge your debts.

I am suprised a site such as this lets you ask for advice on how to ignore your debts and run away to another country with you tail between your legs.

Just been on the phone to the Australin immigration who has assured me that there is no jurisdiction and legally I can not be persued by the uk banks and courts, therefore my financial affairs is of no concern to them.Furthermore ,since my wife is being employed by the Australian State Government and sponsored this would have no impact on our application . Thanks for all your replies.As for running off with the tail between my legs this is not strictly true. Shall still be making miniscule payments to the uk banks but on my terms.Would just like to add,the Aus. immigration also pointed out that the uk immigration could not be trusted on any infomation they give out as you only have to look at their recent record of border control.
Would have to agree with that really!!!

Happy Days

chattychappy

lamingk wrote: »

Just been on the phone to the Australin immigration who has assured me that there is no jurisdiction and legally I can not be persued by the uk banks and courts, therefore my financial affairs is of no concern to them

The immigration representative you spoke to may be unconcerned from an immigration point of view. But as to the law of Australia, he has erred.

As provided for by the Australian statutes I quoted above, UK debts can be registered and then enforced in Australia. You can google them if you want further corroboration. Here is a briefing sheet prepared by an Australian law firm:
http://www.mccullough.com.au/downloads/2476Litigation%20and%20Dispute%20Resolution%20-%2016%20March%202009.pdf

view

Hi

Australia do not have any agreements with the UK with regard to debts. How you conduct yourself financially on their soil is all they're interested in. Yes, you could be chased if a legal firm wished to do this at the request and cost of their clients - this would be very costly however, so it would have to be a lot of debt they were trying to chase.

You would be admitted into Australia with your debt. (not sure where woody01 is getting this info - if I'm wrong woody just confirm where you're getting your facts from - I might be out of date here).

Yes it morally wrong - and would your parents/friends/family start being hassled due to your past addresses? However, yes, you could take off, and 6 years later debts would be unenforceable through court.

Not saying your case is the same however, I am Australian - my cousin has A LOT of debt in Austrralia and basically ran away to the UK.. he has been back to Australia twice. He has lived in the same house in UK for 5 years and has all manner of financial products over here. He's also on the electoral roll and has been in a variety of jobs. Never has he been contacted by anyone in Australia chasing debt.

It's up to you really, will it tarnish your 'new start' in Australia with all the worry of what might happen and the calls/letters/visits etc. from debt collectors/bailiffs to your family / friends back home?

Also chattychappy - you have shown a Queensland document produced by Queensland lawyers. This document will not hold the same financial steading in any other state in Australia (ie: NSW, WA, NT, SA etc..). It's not a federal document - if it was it would have the same clout.

chattychappy

GoldenJill wrote: »

Also chattychappy - you have shown a Queensland document produced by Queensland lawyers. This document will not hold the same financial steading in any other state in Australia (ie: NSW, WA, NT, SA etc..). It's not a federal document - if it was it would have the same clout.

Did you check the federal statutes I quoted?

Foreign Judgments Act 1991
http://www.comlaw.gov.au/ComLaw/Management.nsf/current/bytitle/BF94FA9E86525EACCA256F710006F2A5?OpenDocument&mostrecent=1

"An Act relating to the enforcement of foreign judgments in the Commonwealth, and for related purposes"


Foreign Judgments Regulations 1992.
http://fedlaw.gov.au/comlaw/Legislation/LegislativeInstrumentCompilation1.nsf/0/B61D330947FF0072CA256F710041E1D4/$file/ForeignJudgments92.pdf [might have to join the link back up or search again at fedlaw.gov.au]

Gives the list of countries included, including the United Kingdom.

Enough clout??

The document I linked to outlined these laws in general, and the court procedures in Queensland. As such it has no "financial standing" at all. It's a briefing note, that's all. Each state will vary as to the court procedures involved in registration of the debt and subsequent enforcement.

GoldenJill wrote: »

Australia do not have any agreements with the UK with regard to debts.

This is irrelevant. Courts follow the law. Treaties/agreements are followed up by implementing legislation brought before parliament (at least in common law jurisdictions). Whether this law is as a result of a government level agreement or not is immaterial.

Dirty_Dave

I found something for you, it's an interesting read.

I cannot post links so Google (without quotes) "uk debt australia" and hit the first link you see from Expat Focus.

Voyager2002

Since you have been to a lot of trouble to get an agreement that is favourable to you (small monthly payments with no additional interest) then why mess it up? Just keep on making the payments so that the banks stay off your back. Should you fail to do so, they may well decide to go to court and obtain judgements against you, and that would enable them to pursue the debt forever.

view

chattychappy wrote: »

Did you check the federal statutes I quoted? Foreign Judgments Act 1991
http://www.comlaw.gov.au/ComLaw/Management.nsf/current/bytitle/BF94FA9E86525EACCA256F710006F2A5?OpenDocument&mostrecent=1 "An Act relating to the enforcement of foreign judgments in the Commonwealth, and for related purposes"

No - if you read my post you'll see I was referring to the QLD document link you posted, not the federal link you posted earlier. Simply trying to point out that States in Australia follow separate rulings except in the case of federal status.

And yes, I was correct in saying that
Australia do not have any agreements with the UK with regard to debts.

Regardless of whether it was relevant or not, Woody01 posted that there were agreements - where there are not.

so I stand by what I've said.

lamingk

Voyager2002 wrote: »

Since you have been to a lot of trouble to get an agreement that is favourable to you (small monthly payments with no additional interest) then why mess it up? Just keep on making the payments so that the banks stay off your back. Should you fail to do so, they may well decide to go to court and obtain judgements against you, and that would enable them to pursue the debt forever.

Thanks voyager,yes you are right and I think this will be my preferred route of action

lamingk

Dirty_Dave wrote: »

I found something for you, it's an interesting read.

I cannot post links so Google (without quotes) "uk debt australia" and hit the first link you see from Expat Focus.

Thanks DD, exactly what I was looking for and has eased my worries:beer: