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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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If you are a british citizen and are on probation because of

Resolved Question:

If you are a british citizen and are on probation because of debt can you still work
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I'm happy to help with your question today.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

I have a friend who lives in UK, he tells me that he is on probation because of a tax debt and cannot work, this sounds a odd to me in NZ as how do you pay a debt if you can not earn that money.


Hope that makes sense


 

Expert:  Alice H replied 3 years ago.
I agree with you - this makes no sense.

Firstly, is the "probation" a probationary period at work or an order of a court?

Secondly, there is no probation order that I can think of which will stop a person from working.

Are you able to give any further info?
Customer: replied 3 years ago.

It is an order of the court I believe, and he also has had a property seized and used as a guarantee until that the debt has been paid.

Expert:  Alice H replied 3 years ago.
It sounds like a criminal offence rather than a simple debt matter.

If a criminal court has placed a person on probation then it may well be difficult (if not impossible) to get a job as such an offence will appear on a criminal record check.

This is unlikely to be a civil debt matter as a civil court does not impose a probation order.

Both court have power to seize property - but only a criminal court can impose probation.

Customer: replied 3 years ago.

For Alex Hughes, Thank for that, in seizing the property, what does that mean? can it be sold to pay the debt.

Expert:  Alice H replied 3 years ago.
Again it depends on which court imposed the order.

A civil court could place a charge on a property to secure a debt, so that the claimant can either force sale of the property or get paid when the property is sold by the owner.

A criminal court could seize a property as part of a confiscation order to satisfy any money owed as a result of committing a criminal offence which has resulted in loss.

Without knowing the exact details of the case its impossible to say what's happened in your friends case - but regardless of whether this is a civil or criminal matter the house could be sold to pay a debt.
Customer: replied 3 years ago.

For Alex Hughes

It was civil court for taxes unpaid due to being out of the country for almost a year, and apparently there is name the court calls the probation, he was calling it probation cause he couldnt remember the name.

Customer: replied 3 years ago.

It was civil court for taxes unpaid due to being out of the country for almost a year, and apparently there is name the court calls the probation, he was calling it probation cause he couldnt remember the name, do you know what that would be, he says that is why he can not work.


 

Expert:  Alice H replied 3 years ago.
Can you just clarify: is this an order made by a UK court in relation to a person who is in the UK?

Also I'm a little unclear as to why this person in the UK is contacting you in NZ to clarify the issue?!

But I am 100% certain that a civil court does not impose probation for non-payment of taxes.
Customer: replied 3 years ago.

Thank you Alex, yes this person is in the UK and the court is in the UK, I am just asking the questions for my own peace of mind, the fact that a person couldnt work due to a court ruling didnt ring true to me and have said that to him, he says I dont understand the laws in UK, hence the reason I am here just wanting clarification on the laws.


Thank you for you help in these matters

Expert:  Alice H replied 3 years ago.
Is he wanting something from you?
Customer: replied 3 years ago.

He is supposed to be coming to NZ, but has been delayed due to these issues, I just wanted to be sure what he was telling me was correct.


Thanks

Expert:  Alice H replied 3 years ago.
Its possible that he may have misunderstood his position but as I said before no civil court makes a probation order, although I can see how an outstanding debt may well put him in difficulties. But, just to emphasise, non-payment of taxes is not a criminal offence and, therefore, a period of probation cannot be imposed.
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