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Hello

 

I'm new to this forum and have emigrated to UK - I'm a dual citizen. I have left Australia as it was either that or divorce - husband missing his family that he had quite bad depression.

 

I had good job but then got 32% pay cut over past 5 years due to decline in mining, took out credit cards to pay off debts, and then another to pay off etc. Got myself overcommitted and kept making the payments each month on time whilst they got higher and higher, spending over $5000K per month on payments. Substantial debt now of $160K with about 7 credit cards.

 

I was going to make money on sale of our home (we had mortgaged for 17years) and the housing marketed plummeted in WA and we lost over $250K equity in the past 2 years. We sold and made $10K. Wont go into the details of how hard I worked at maintaining a quarter acre block to pristine condition.

 

All of my efforts were futile and I was on a spiralling course. I had major total knee replacement in Nov 16 and had to take 6 weeks of week unpaid. (No holiday or sick pay on my contract). Then the sale of home in June 17 and then moved to UK as husband had enough of being away from family. I hoped to get a job on a project in UK in first 3 months - that didn't pan out and earning low wages here.

 

The emails and calls are starting to come in and understandably - I have big debts and was always a regular and good payer - not now.

I do have chronic hives and auto immune issue as result of years of chronic stress but I can't tell Dr's here full story as I needed medical pass to get my job. (Dr in Australia gave me enough medicine for first year before I left).

 

Where to start with this debts and sorting it out? I've emailed the agencies (different collectors) a very brief email this week as I couldn't sleep. So stressed. Emailed them to say I'm in financial distress and unemployment since June / July and few other bits. Didn't say I'm overseas but if they check my Instagram they may see that.

 

I've contacted an Australian bankruptcy company to get some insight and assistance on going bankrupt - as realistically that would have been my only option if I stayed in Australia (or insolvency).

 

Just looking for some guidance on how to proceed, what to do or not do.

 

I'm scared senseless I'm going to get a phone call to my husband (who doesn't know about the debt, yes that's right I kept it hidden) and get agency turned up at my home in UK.

 

I'm definitely at fault and have to take responsibility (which I was until loss of job); I paid thousands of dollars each month back and only just made minimum payment each month, was a futile downward spiralling situation.

 

Any help would be appreciated.

 

Thank you

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for reply, I haven't read links but I've just started to look around on web - and I can see I've left a social media footprint on Instagram so they will be able to track me down to UK.

 

From what I can read into other posts (and only just started reading), people have been tracked down, and judgements gone to court. I'm not saying I'm in the right and have done nothing wrong. I've got myself way over my head . I want to go bankrupt in Australia as I cannot repay the amounts owed. It's just too much and I'd spend my whole life (which I guess past 5 to 7 years I've been doing) digging myself out of a whole, only I managed to dig myself in deeper.

 

Other major concern is I've lived in Australia all my life with no relatives and little friends (I sound great don't I), mainly due to the fact I didn't have children and my friends did. They went off and did kid stuff to which I wasn't invited or didn't have inclination after working / commuting 60hrs / week and house chores on the weekend. Anyway I'm a hard worker and got myself in the ****e is what the short of it is.

 

Now I'm in UK there is husband's family fully entwined in our lives and I feel at great risk of being exposed - and everything just falling apart for me - well more so than it already has / is.

 

Given the very large amounts I owe and to HSBC and Citibank who have branches all around the world - I can't see how I'm not going to be chased in the UK. My question is

1- how do I handle the emails from the collection agencies - they've gone to collection.

2-some are still with bank - but I can't pay so will get outsourced.

3-I've got no real assets - lots of clothes/shoes - but nothing of value.

4-I'm just about to start work in new job which will pay better but I'm working 28 days straight, 12 hours a day to earn the money. I need to rebuild.

5-has anyone gone Bankrupt in Australia from UK - my original searches told me you must be in Australia to go bankrupt and then get permission to travel overseas. Which I've done the other way - I've already left.

6-I haven't received all my mail from Australia - I had it forwarded to a friend and now I'm scared that lawyer letters will turn up - she is lawyer herself but has no idea. So I haven't actually read any letters. I will get my mail sent over in mid December as I am away on work trip and don't want the mail turning up when I'm not here.

 

Please any suggestions or steps would be appreciated.

 

I'll go back to those links and read - thank you. But it does seem like I'm going to get chased down and hounded - my hives are loving this, not!

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I would take with a very big pinch of salt a certain forum where various people claim they have judgements against them....

unless they were default judgements which whomever the claimant was cant get anyway...

 

I will say no more

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks,

so I'm a little newby and not across all the rules and regulations,

in reality I would imagine my defaults would go to court and judgement made in my absence.

Then these could go to court over in UK?

 

Given the large sums involved they would not want to lose this money - only problem is I have no money, no assets.

 

I'm about to start working (yeah) and will earn good money but will be doing very long hours and consecutive days to earn it.

not really wanting to give it all up.

 

I did read on this forum people were hassled for years with employers contacted - that doesn't sound great.

My fault but I'm obviously stressing about others around me finding out.

 

This will cause major life changes like divorce when I am found out.

In fairness I took on all the debt as I was the high income earner and trying to deal with all the problems so hubby didn't.

(had depression) - so no gun to my head but I stuffed up.

 

What should I do about emails

- I have set up a redirection of mail in Australia with a friend

- should I cut this off immediately so no more letters can go to her?

they will go to my old address

I imagine as I haven't changed any address details banks.

 

The real estate agent does have my email address but not my address

- she does have my husband's email address too if the mail kept going to the new owners they may contact her to complain about the mail from banks etc.

 

Any advice on formalities of the process from here?

much appreciated

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break/stop all links

 

there is really stuff all they can do.

 

as for default judgements..seriously forget about that happening.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I've had debts abroad, in Canada. Not a damn thing anyone can do to chase you in the UK. Also nothing transfers over on your credit rating despite them using Experian, Equifax etc as I am sure they do in Australia too. Best just to forget about it and enjoy your new life !

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Hi All

 

Thanks for the updates

- I have replied to a few collections agencies but said very little other than I'm experiencing financial difficulty.

 

I know the responses are coming from those who have far more knowledge than me on these matters.

 

I can't imagine Citibank, Westpac and HSBC are going to sit back and not try to recoup considerable amounts of moneys and there's definitely threads on here where Aussie debt collection agencies have made consistent and threatening phone calls, letters through solicitors in England and contacting people's employers.

 

In my absence and lack of response this would surely go to court and judgement made in my absence - then proceedings could commence.

 

I've gone through some of links and found others who have gone through similar;

it does take some time trekking back through and trying to understand everyone's circumstance. I've possibly got the largest amount listed on here - nothing to be proud of.

 

What a mess I've got myself into

- I knew I would have to deal with it but I honestly thought I'd be in Australia, sell our home for profit - negotiate a settlement figure from the proceeds of sale and house and then pay balance off as I had a good income. Then everything hit the rocks and it just got worse.

 

Has anyone used a lawyer to assist them with these matters back in Australia from the UK? Any contacts to help?

 

Thank you

 

Sorry to rattle on but I've just another thread in regard to Debts from UK in Australia and it seems advice was to give creditors a current address (in Australia) no CCJ can be made in UK.

Would that be the same for me?

I have not advised any of my credit card companies of my move to UK / address.

 

I also read below - sorry long thread.

 

(2) This Agreement is governed by the law of England and Wales, and is subject to the non-exclusive jurisdiction of the courts of England and Wales

 

Yes they could take you to court in Australia.

There is a commonwealth debt agreement between UK and Australia. Australian courts will hear cases under English law, if your credit agreement does not restrict it to UK courts only.

 

According to your first post, the agreement is non exclusive to UK courts, so can be subject to foreign court action, if the foreign court allows it.

 

BUT the more important question is whether it is likely.

I very much doubt it.

 

UK Banks have enough problems enforcing debts belonging to UK residents.

What tends to happen is Banks go through their own debt collection for months or years.

 

They then sell or assign the debt to UK debt collection agencies.

These agencies might realise you have left the UK and you end up on a list of uncollectable debts.

 

It might eventually end up being sold to an international debt company, but years later.

 

By the time they get around to thinking about using an Australian company to bring proceedings there, it might be too late ( limitations act) or they decide it is not worth it.

 

Debt collection is not that efficient. What is possible, is not always likely.

 

Just remember to keep creditors informed of your latest address for reasons already mentioned above. At least they have no excuse not to write to you and you are aware of anything important.

 

Without knowing my terms and conditions

- is there chance similar wording (albeit Australian) is on my terms and I could get this passed through to a UK court?

 

As I keep reading more info on the forum I find details that seem to clash or reinforce I am likely to get hammered over here.

 

Thanks in advance

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no you are wanting to read into what you are reading..that they 'can' go after you through the courts..they can't ...end of.

 

forget about it.

 

no DCA no matter what country they come from ARE NOT BAILIFFS

they have

ZERO legal powers

and even LESS legal powers if the debt originated outside of the UK

 

go enjoy your life.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

simply bounce the emails or mark as junk.

 

please dont be scared of DCA's on ANY debt in the UK

they have absolutely no powers whatsoever.

 

if everyone here in the UK simply stop paying DCA's

the whole industry would collapse tomorrow.

 

go back and read the links in post 2.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
Thanks I started reading those links and then got on to others and hence the questions about things I found. Appreciate your help.

 

Some Aussie debt owners do use a UK Solicitors Stevendrake to chase Aussue debts in the UK. If you do start receiving letters from UK Solicitors saying that they WILL be issuing a UK court claim and not just MIGHT or they will think about it, then come back for further advice.

 

Don't just ignore Solicitors letters. Stevensdrake have issued UK court claims for Aussie debts, but in one case I remember they gave up at mediation stage when they realised that collecting the debt was a waste of time. Any UK Solicitors would only go the whole way, IF they thought they were likely to earn a significant amount. They are just not interested in dealing with any issues about the debt or setting up repayment arrangements for small regular payments.

 

You can safely ignore any DCA, but a UK Solicitor saying that they will be issuing a UK court claim is a different matter. This might never happen, but do keep an eye on any letters received.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thank you

- I have contacted a bankruptcy company in Australia and they have done some checking for me and advise they can process a bankruptcy claim for me

- I just have to be able to use an Australian address,

be diligent in being able to respond to emails

and pay a fee (of course) they don't do it for love.

 

But it will

- if successful

- wipe my debts

which given the value are very significant.

 

I am stressing to the point of hives and I don't want to live like this.

I would like these debts cleared.

 

I'm going to get my credit rating completely shattered either way

- bankruptcy or considerable defaults

and they will go to court because of the large value.

 

I want to be able to sleep or just be at home; without watching who is arriving in the street.

 

I'm stressing like mad as I've started new job this week and

I have to be away from home on trips and worried someone is going to turn up at home and husband will find out.

 

Appreciate the update. Will keep you posted.

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I'm going to get my credit rating completely shattered either way

- bankruptcy or considerable defaults

and they will go to court because of the large value.

 

wont harm you credit rating here at all.

 

pers i'd ignore them

but you seem incapable of doing so.

 

no-one can ever turn up at your home

all stupid silly stuff that you've read or heard

that has no relevance whatsoever.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi there

 

My credit rating in Australia - just to clarify. That's going to be shattered.

 

I know I can't get anything listed on my UK because of Australian bankruptcy / default

- it's the worry of wondering who / what is going to happen.

 

My husband got a phone call and I wondered if a recovery group had tracked him down through Instagram and was going to ask about my whereabouts.

Of course they would of said it's a personal business matter, but that just gives it away.

 

I've had one company ring my sister in law and wouldn't say why

- that immediately sets off alarm bells in family minds and in this case they would be right.

 

This is perhaps one of my other concerns,

is how much hassle my remaining family will get and what shame it will bring to me when they find out I've got recovery companies chasing me and I've left the country. Wasn't why we left, it's actually just brought the problem to a head.

 

Out of interest

- why are there threads on here where others have said they are being chased from overseas etc

- this is why I'm thinking if it happened to be them for 10,000 or 20,000 it's got me thinking I'm definitely going to get hounded.

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Aussie debt issues won't affect UK credit record, but you need to ask whether Aussie Bankruptcy authorities will look at your situation in the UK. Make sure you understand the full process. Get them to provide step by step guidance.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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hounding is what powerless DCA's do

thats ALL they can do..

 

totally legally POWERLESS on overseas debts.

as with ANY debt!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Aussie debt collectors are an unprofessional bunch. They scan social media and attempt to contact the debtor by any means. They are not supposed to do this, as there are tracing companies in the UK that can find your correct address. Of course they don't divulge your private info but they say they are trying to contact cat333 about a private business matter.

 

As dx advises a DCA is powerless. They are just trying to spook you into entering into a repayment arrangement. Only if you have a Solicitor representing the debt owner should it concern you and then you ask for proof of debt ownership, copies of finance contract etc.

 

If this debt is very large, you are probably best to get shot of it using bankruptcy in OZ if available. I think you only have 3 years after leaving OZ to do this or you have to return to OZ to apply for it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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