Ex UK now in Canada-Canadian DCAs trying to collect

[dannyboy660]

I think that pretty much confirms what's been discussed in this thread. How you proceed now is up to you really.

 

Quite a lot of personal information there!!!

[MovingForward]

I am in a similar predicament...

 

I lived in the UK for 4 years, I am a Canadian citizen with 'Right of Abode' in the UK, I am currently residing in Canada and do not intend to return to the UK to live, but would go back to visit friends and family only. I have been back in Canada for just over 3 years now.

 

I gathered a lot credit card debt over a number of cards in the UK while I lived there, much of it was from the secondary card holder - which I have since broken it off with because of major issues like this!!!

 

When I returned to Canada I was still trying to make payments, sent cheques and provided my address at the time. Now I have moved, haven't been in touch with the card companies at all and want to look into getting a mortgage here in Canada.

 

Now that I want to move forward with my life, is it in my best interest to go back and claim insolvency and incur the expense of the flight and the court fees? Or will this ever really come back to haunt me? I hear a lot from BOTH sides, but am at a turning point to either fly back *next week* to clear up this matter or sit on it and stress...but is there really anything to stress about at all if it's all scare tactics and the like?

 

Please no legal speak, just cold hard facts so I can make a speedy, yet informed decision.

[Dangermouse]

Hi

 

I am able to look at this from the reverse point of view. A major part of my financial problems come from a debt owed to me by a Canadian citizen now living in Ontario (he had been doing buiness here in the UK) I obtained judgement against him here in the UK, I had to apply to serve papers outside the jurisdiction. I successfuly obtained judgement for £62k.

 

I researched how to enforce judgement in Canada and was surprised that it was quite easy. One judgement has been granted in the UK courts, the creditors only needs to apply for a certified copy of the judgement and that is good enough to start the process of domestication in canada.

 

Once this has happened, there is very little that can be done by the debtor, the Canadian courts will not entertain any arguments about the debt itself. The fact that judgement has been given in the UK will not be questioned so long as it was arrived at fairly and all procedures were followed. This also applied to default judgements as long as everything was properly served. I would make sure that all your creditors know your address, since this creates some difficulties in ensuring papers are properly served. If the creditor takes you to court using your last known address & obtains judgement (which he is entitled to do). Then you will be faced with a judgement debt that can be domesticated in Canada. If you don't want that to happen, then you will have to contest the jurisdiction of the british court (but you will probably fail in that since the transaction was done while you were here in the UK)

 

The creditor is at liberty to apply to an Englsih County court to serve papers on you in Canada. One of those Canadian debt collection companies would track you down & you will be unable to stop the process of domestication.

 

Hope that helps, as I have said I have been doing the reverse of your situation and have accepted a part payment from the debtor as he is desperate to avoid domestication in Canada.

 

Hope this gives you a bit more information.

 

Dangermouse

[sunsential]

Hello and thank you for the existence of this forum!

 

I am in a simular situation, I have read a lot over the past few months but i am not getting very far in understanding.

 

Maybe you all can help, as this forum was the closest i got to my situation.

 

I am only 26years of age and had 14900gbp worth of debt which came together with 4loans all from natwest and 1000gbp from capitol one.

I went into a debt management plan to pay 200gbp a month- but only for the loans. the credit card i still pay with 50gbp a month via direct debit.

I have moved to germany in may09. now, earning euro´s and not pounds and only earning 400euro´s a month (from april10 it will be 640 after tax) i am not able to make any more payments.

I was thinking of filing for bankcruptcy in the uk, but according to what i read i cannot do so as i have been outside the uk (within eu rule only!) for more than 3months. the uk court would simply refer me to the german court. bancruptcy in germany is a painful thing! a lot more strict than in the uk. there is a system in germany where the government has to know your address. I have let my debt management agency know that i moved to germany but they do not have the address. I have also not changed the address with natwest or capitol one. i dont use tthe natwest bankaccount to pay the debt management agency, but have opened a rbs account for such.like i say i cannot pay anymore and now with the wage i earn this would take me a life time.

 

i am confused with the abroad legal enforcement possibilty. as i read on this thread it only applies for tax owed to the governement is that right? if not how much would it cost uk to do en enforcement against me? i am very young to have my life screwed over perfectly. i have tried to get out of it. paid my loans for nearly 2years without fail. Then went to the debt management (which cost another 3000gbp for the fees they want for dealing with natwest on my behalf. totals the debt to 17000 where i have paid one year in the debt management now).

 

Do you think they will chase me for that amount of debt in germany. what can happen? can i end up with more debt or even prison? ANY tips and solution possibilities are much appreciated! i dont know what to do anymore!!!!!

 

thanks

[cerberusalert]

Remember, any agreement regulated under the Consumer Credit act is only enforceable in a British court. Bank loans & credit cards etc are regulated under CCA 1974 which means they must have acquired a CCJ in the UK first & they cannot do that unless you are a UK resident. Sometimes they do manage to using the 'back-door' method whereby they have served papers at your last known UK address. If they have you can easily get them set-aside.

__________________

[sunsential]

thanks for the reply!

its hard to understand that they wont be able to trace me here. no ccj issued just yet i think but who knows if they have. was living in a house share but havent changed address yet. was even thinking of final settlement. would that help or is it as simple as i am not in uk anymore they cannot enforce a court judment on me outside uk? that would mean debt free as long as not returining to uk?!

[walestocanada]

Saw this thread - as it's over 3 years since the last posting I was wondering if you could update what happened in your situation. Did you ever have to repay the debt?