Canadian Debt - Living in the UK

[canadianh]

I'm writing to find out if you could possibly guide me in the right direction.

 

In May of 2010 after being made redundant at my job, I moved to the UK where I was unemployed for 6 months before gaining a full time position. I left behind considerable debt that was built with my ex-husband during our marriage. This includes a foreclosure on a property, and most likely 1 seized vehicle (I am not sure of the final outcomes of either), as well as various credit card debt. Before I left I had attended mediation with my ex (separated...not divorced yet) at which point it was agreed that he would carry the debt and in return I would not seek alimony or child support.

 

He has now declared bankruptcy (he is paying a lump monthly sum) and the debtors seem to be tracking me down to Scotland. I left him with all of the assets including 2 new fully paid for vehicles to cover my portion of the unsecured debts. Unfortunately I do not have this in writing.

 

My question is, can these debts that were signed for jointly in Canada be legally enforced here in Scotland? And if so, at what point am I supposed to have been contacted by any of the companies? From what I understand the province of Alberta has a 2 year statute of limitations on collecting debt, however, I don't know if this applies if the debt is assigned to a collector.

 

I received a note from a private investigator through my door today asking me to call him. I assume this is one of the companies owed money tracking me down. I unfortunately do not have the income to fight a court battle, in Canada against my ex (or to file bankruptcy which will run into $3000-$5000 price range in legal fees), nor here.

 

I'm worried about the garnishment of my wages as well....from the information I have been able to gather if I earn under $1330 per month they cannot take more than $194 in payments?

 

I know this is very complicated, but any information you could give would be greatly appreciated. The entire situation is making me quite ill.

 

Kind Regards,

 

H

[silverfox1961]

Hi and welcome to CAG.

 

I can't personally help but my posting will 'bump' you up the page.

 

While you are waiting for the experts to find you, have a read of this

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?250889-Can-I-Be-Sued-For-An-Overseas-Debt

[cerberusalert]

My question is, can these debts that were signed for jointly in Canada be legally enforced here in Scotland?

Any debt where you're jointly and severally liable they can chase either or both of you but they will focus on the party whome they are most likely to get payment from.

 

There are reciprocal agreements between Canada and the UK so legally they can pursue you here and take enforcement actions through the court but at the moment they seem to be fishing. They would have to consider whether it would be financially viable for them to pursue because any action they would take will be expensive & if you are on a low income with no assets it would not be economical for them so there is every likelihood that they would sell the debt to a third party UK debt collection company for a fraction of the value of the debts.Even if this was to happen you can bring them to strict proof that the debt exists & that they have the right to pursue.

 

In the worse case scenario were they able to obtain a CCJ a judge would look at your finances and then decide what he thought you could reasonably afford to pay... which could be as little as £1 per month & as long as this was being adhered to they would not be able to take further enforcement, particularly if you have no assets.

 

Bankruptcy could be an alternative & the cost to do so in the UK is approx £700, if your total debts are below £15K you could apply for a Debt Relief Order which costs £90. There is also something called an IVA (Individual Voluntary Arrangement) http://en.wikipedia.org/wiki/Individual_Voluntary_Arrangement

 

You may prefer to have a word with a debt charity http://www.nationaldebtline.co.uk/ which gives free advice and will be able to help you chose the best possible option.