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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I protect myself from a debt incurred in another count

Resolved Question:

Can I protect myself from a debt incurred in another country
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Which country please?

Customer:

Australia

Alex Watts : Ok. Does the contract say its uk or Australian law that applies to the debt?
Customer:

It certainly wont be UK law as it is a taken out in Australia without any reference to the UK.

Alex Watts :

Ok - what they can do is get a CCJ there and enforce it here.

Alex Watts :

This is because Australian Jugdments can be enforced in the UK

Alex Watts :

Foreign Judgments (Reciprocal Enforcement) Act 1933 allows them to enforce it here

Alex Watts :

They could send in bailiffs or get a charge on any property you own

Alex Watts :

But they must know where you live in the UK, they can't just enforce otherwise

Customer:

OK, so basically if we have no assets in Australia they can seek any assets that we have in any part of the world or just the UK?

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Just regarding assets we have in any other part of the world. If they can only go for UK assets than that's a benefit.

Alex Watts :

Indeed

Customer:

Is there a best place to keep assets i.e. a particular country. Does the agreement cover the EU for instance

Alex Watts :

:.

Customer:

Sorry didn't get that

Alex Watts :

I can't say as this would be avoidance

Alex Watts :

I can only advise you in UK law as a UK lawyer.

Alex Watts :

I can say if there is a Judgment in Australia it can be enforced here

Customer:

OK fair enough

Alex Watts :

Can I clarify anything else for you?

Customer:

I thought avoidance was acceptable but evasion wasn't? In tax anyway.

Alex Watts :

Yes, but I can only tell you about UK law, not where to put assets

Customer:

I accept the ethics

Alex Watts :

Intentional disposal of assets in another country may be considered evasion

Customer:

OK I understand so I'm happy to close the discussion

Alex Watts :

Can I clarify anything else for you?

Customer:

Unless you feel that there is anything else I need to know to enhance my knowledge on the subject.

Alex Watts :

Yes of course. Sadly I have given you everything I can usefully assist you with today

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer:

Indeed your service has been excellent and I thank for it.

Alex Watts :

Thank you - please remember to click on a smiley face!

Customer:

Seems I can't pick a face as "you haven't finished answering"

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Try this format :)

Alex