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Overseas advice please!


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Hi Guys,

 

I currently live in Australia and have done so for almost two years.

 

I have debts of around 16000 back in the UK.

 

I cannot afford to pay these.

 

I have several questions...

 

1) has anyone shared a similar experience? Do credit companies chase you abroad? they do not know where I live?

 

2) how long does the debt stay on file?

 

3) I have no plans to live back in the UK in the next 3-5 years but do plan to visit in December.. can I be stopped in the airport, etc? may seem like a silly question but this does worry me!!

 

4) can you file for bankruptcy from overseas? are there companies that can do this for you? do you know of any companies? I was told the only way you can do it from overseas is if you go to the high court in London and lodge the application there?

 

Thanks for any help

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This is the way I see it...

 

You could run and hide for the next 6 years and wait for it to become statute barred. (the ethics are up to you of course !!)

 

They may possibly have sister / associate companies in Aus, that may be able to chase you...I have heard of DCA's in other countries chasing 'gone away' accounts overseas, but whether or not they have reciprocal laws in non EU countries I don't know....(I heard of one Cagger on here who moved to Canada who was contacted by a UK DCA)...

 

I seem to remember there was a Kiwi who received a letter from a UK DCA too...

 

The debt will stay on your file for 6 years

 

I don't think you would be stopped at the airport

 

I am not certain but you may well be able to make yourself bankrupt from outside the UK, but you would probably have to see the Official Receiver for your interview in the UK.....then of course once a trustee to your assets was appointed you would probably have to go and see them too !!

However if the Official Receiver wanted to order you to pay a certain amount of your wages each month i'm not sure of the implications of attaching an earnings order when you are overseas....

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Just found this too...

 

If you have already moved (and do not have any substantial assets) you might consider returning to the UK to present your own bankruptcy petition here under UK law. You would have to present yourself at the High Court office in London with the necessary forms (available from www.insolvency.gov.uk). The present cost for petitioning your own bankruptcy is £390.00 rising to £450.00 or more from April 2004.

You would only have to stay in the country a few days just enough to visit the Insolvency Services offices and have an interview with the examiner dealing with your case. They will want to know who you owe what to and why your circumstances changed so that you could not afford to maintain your debts. The only remaining issue would be whether you personally (not your partner) have any surplus income to repay your debts each month once you have met your essential expenditure. If you have then they will ask you to pay between 50% and 60% of it to them for up to 3 years. If not then you will not have to pay anything further at all.

You have the option to do this up until the point that you have been permanently absent from the UK and resident in another country for 3 years although it is likely that local action will have been started against you long before this deadline is reached.

Once discharged which could be as little as a year away you would be free to build you new life free from debt or worries about any comeback in years to come.

UK credit referencing information does not travel well, if at all, so once your bankruptcy is discharged you should encounter no more problems than normal in obtaining credit in your new place of residence.

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