Emigrating & Repaying Debt

simonpa

Voyager2002 wrote:

I don't believe this. Failure to pay your debts is a civil matter; you don't go to prison for such things, unless your efforts to cover your tracks involve committing fraud or something.

I tend to agree. Credit card debts can be persued via the civil courts but not the criminal courts. Here is a useful page from the Consumer Credit Counselling Service explaining the consequences of not keeping up repayments on debts.

http://www.cccs.co.uk/faqs/creditor.htm

As to what constitues fraud that is harder to define. In my opinion (which counts for little), if the debts were originally incurred with no intention of repayment, perhaps that is fraud but debts genuinely incurred that could then not be repaid cannot be fraud. Otherwise any person entering things like IVAs could be classed as having committed fraud and that doesn't happen.

Voyager2002 wrote:

Just a thought, but would the OP intend to get a mortgage to buy a home in Australia? If so, presumably good references from UK lenders would be essential since they won't have any credit history in Australia. And in that case, default on UK loans would be a very bad move.

A very good point though. I suppose it depends on how credit checking works in Australia and if they do contact previous overseas lenders. If OP however leaves it a couple of years before getting a mortgage, perhaps with a credit card for an Oz bank, and a decent salary behind them they are presumably in no different position to many UK first time buyers?

Good luck to OP whatever they decide. I just wish I could give a definative answer. Simon.

continualdiamond

In answer your original q, i found this link that does mention it. http://ezinearticles.com/?UK-Debt-When-Moving-Abroad&id=6081

I know it doesn't mention Australia, but as an Aussie myself, getting into the country to live can be tough, don't make it harder on yourself when you move. Unfortunately i don't know any information myself on banks etc and if Australia has any agreements, why not put in a search for the high commisson london, its based in Canberra, they have all sorts of info regarding links between Australia and the Uk for all sorts of matters.

kenshaz

Have you noticed how the agitators,who post,take the moral high ground ,but have no constructive comment.Make incorrect statements regarding legality and then when commonsense enters retreat.

The_Boss

kenshaz wrote:

Have you noticed how the agitators,who post,take the moral high ground ,but have no constructive comment.Make incorrect statements regarding legality and then when commonsense enters retreat.

Or maybe they feel their time is better spent helping people who need it, some of whom may owe several thousands but want to take the responsibility of sorting it out rather than running away and leaving it.

kenshaz

M_Thomson wrote:

Tipsychick, I can't believe that you posted the comments above. The original poster should be ashamed of themselves for even considering what they are doing and you should be ashamed of yourself for writing the post above.

Sorry Boss ,I was not referring to you,please accept my apologies

simonpa

kenshaz wrote:

Have you noticed how the agitators,who post,take the moral high ground ,but have no constructive comment.Make incorrect statements regarding legality and then when commonsense enters retreat.

Yes, it's clear the OP has a serious decision to make and is only looking for advice and guidance on the consequences, which many of the posts on here are not providing. Ultimately what the decide to do is up to them but at least they are trying to go into it with their eyes open.

kele16v

These words sum up the legal possition. Basically after six years your home and dry with any debt.

"I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. Any such action WILL be defended and challenged on the above grounds."