uk debt whilst living abroad

never-in-doubt

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.

No, only for 6yrs. Not forever

This is the link DD was on about: http://www.expatfocus.com/index.php?name=Forums&file=viewtopic&t=9936

chattychappy

GoldenJill wrote: »

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.

I did read your post. You dismissed the document and ignored the statues. That is why I pointed them out to you.

GoldenJill wrote: »

Simply trying to point out that States in Australia follow separate rulings except in the case of federal status.

Not relevant in this context, and therefore misleading. They all follow the same federal statutes - and I quoted federal statutes and subsequently the briefing document which helps explain them.

Of the briefing document, you said:

GoldenJill wrote: »

It's not a federal document - if it was it would have the same clout."

Not sure how a document can be "federal". It is a briefing document produced by a Queensland law firm explaining federal law. The civil procedure rules for registering the debt may be differ from state to state - and this is referred to in the document, but the federal law is the same.

Now you may doubt that a Queensland law firm has competence to explain federal law... but they have enough clout for me.

Finally:

GoldenJill wrote: »

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.

No you weren't correct.

There is an AGREEMENT:
See http://www.opsi.gov.uk/SI/si1994/Uksi_19941901_en_2.htm#tfnf011

"AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF AUSTRALIA PROVIDING FOR THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS"

...
For the Government of the United Kingdom of Great Britain and Northern Ireland: Geoffrey Howe

...
For the Government of Australia: Michael Duffy

thefoolonthehill

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.

Unfortunately you are wrong on all three points.

If his wife has a job and been offerred a visa then he would get a visa also.

He would not be barred from entering Australia with his debts either. The UK data protection laws mean that no firm outside the uk can access his credit report. He will therefore start completely afresh in Australia. Even his his credit rating (in the uk) was outstanding it would count for nothing in Australia.

If his creditors know he is in Australia they can sell the debt on to an Australian DCA. However, all they can do is ask to pay the money back. if he tells them that he is not going to pay and to sod off there is nothing they can do. There are also really strict laws in Australia around harrasment and should they harrass him to pay the debt he could report them.

So a UK debt is unenforceable in Australia.

I know this as i live in Australia. Got a visa through my wife (who is English and applied for a skilled migration visa) had around 15k worth of debt when i migrated.

I am also amazed that people genuinely get so offended when people suggest doing a bunk. the banks dont give a tom tit about any individual. and would not think twice about taking anyones home from them in times of hardship. Yet people stick up for them. its a crazy world we live in

thefoolonthehill

interesting link on this very subject

http://britishexpats.com/forum/showthread.php?t=620681

view

my goodness chattychappy you have a bee in your bonnet about this one!

no need to be so defensive.

Yes - I, as I've tried to explain, was referring to your QLD document - didn't "dismiss the document or ignore the statues" as you put it, simply pointed out that different states have different rulings unless the ruling is federal - so yes, that is correct.

Again, yes I am correct in saying that States in Australia follow separate rulings except in the case of federal status. So yes, correct there. Totally relevant actually to someone moving to Australia - debt or otherwise.

this made me giggle you said "Now you may doubt that a Queensland law firm has competence to explain federal law" why would I doubt that? Again, simply pointing out that that States in Australia follow separate rulings except in the case of federal status.

Woody01 said there was an agreement with the UK and Aust - ie: as if there was one main agreement between the countries for all debt - the link you provided yes is an agreemeent, but would it cover every debt between both countries? in the document you provided it says "(other than in respect of taxes or other charges of like nature or an order requiring the payment of maintenance)" so it's not a 'one stop shop' as such.

now - it's not me having a go at you, so please offer me the same courtesy! you're obviously very aware of how the rules and agreements in the different countries work - I'm not refuting this, simply adding my opinion and advice - which is what this forum is all about.

Voyager2002

never-in-doubt wrote: »

No, only for 6yrs. Not forever

No, forever. Once a creditor has been to court and obtained judgement against a debtor, then the debt will no longer automatically become statute-barred after six years.

chattychappy

GoldenJill , You categorically stated that "Australia do not have any agreements with the UK with regard to debts".

And I have provided you with an agreement that does exactly that, signed by both minsters from both countries.

That proves you wrong.

Now you say:

GoldenJill wrote: »

the link you provided yes is an agreemeent, but would it cover every debt between both countries? in the document you provided it says "(other than in respect of taxes or other charges of like nature or an order requiring the payment of maintenance)"

Excuse me you said "Australia do not have any agreements with the UK with regard to debts". (my emphasis).

This agreement covers exactly the kind of debt the OP has - and it was in this context you made your post. We are not talking about tax or maintenance. And for your information, these are covered by separate agreements. Eg the "double taxation agreement". This is about governments co-operating in sharing information, enforcement, preventing double taxation etc. Here is a link to a press release: http://www.treasurer.gov.au/DisplayDocs.aspx?pageID=&doc=pressreleases/2003/073.htm&min=phc.

So again - there is an agreement on that too. So now we have two agreements covering debts.

view

Ok - yes however, my statement was to mean that there wasn't one agreement between the countries that covered everything . As you've said there are agreements, but I was thinking high level that there wasn't just one agreement to cover all - that's all. So, yes, I am right - I understand that it could be taken to mean that there were no agreements however.

albertknowles09

Thanks for sharing this post.

albertknowles09

Without getting on the moral high ground,could I have answers to my question please.