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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32980
Experience:  Over 25 years experience in law
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Can an Australian credit Card debt be legally recovered in

Resolved Question:

Can an Australian credit Card debt be legally recovered in the UK?
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
Yes I am afraid that it can if it is worth their while. Australian debts can be pursued under Foreign Judgements Regulations & the UK is a signatory at 27:http://www.austlii.edu.au/au/legis/cth/consol_reg/fjr1992301/sch1.htmlHappy to discuss. Please rate positive. Thanks
Customer: replied 1 year ago.
I was previously advised that sine consumer credit laws were different the only way they could sue me was via an Australian Court Order which would be expensive and hard for them to achieve-we're talking £10K here.
Customer: replied 1 year ago.
I think your response is far too broad and I need something a lot more definitive:-)
Expert:  Thomas Judge replied 1 year ago.
Your specific question was can and Australian credit card be legally recovered in the Uk. The simple fact is that they can and it is very easy for them to do so. They would need to get an order in Australia but it can be enforced over here. That is a simple fact in law.
Customer: replied 1 year ago.
I apologise if my question was too broad. What I really meant was how hard would it be to pursue me here since they don't have an address. I'm out of the country so they can't serve me in OZ to get a judgment and the debt has been sold to a third party debt collection and resold to another. I was previously advised that it would be very difficult for them to get an Australian court order if not impossible yet you say it's easy?So they can't take direct action here?
Customer: replied 1 year ago.
It's a $20K Aus debt-£10K
Customer: replied 1 year ago.
How easy??
Expert:  Thomas Judge replied 1 year ago.
It is a balancing exercise for them as to whether they would seek to spend so much money. Some companies will write the debt off and others will take a punt. Its within the realm of being a respectable sum for them to go looking for but sometimes if it has been sold a couple of times they may just hope that they get lucky.
Customer: replied 1 year ago.
That's not what they'd spend that's the total debt
Customer: replied 1 year ago.
Typically this kind of firm will seek to make a profit on their discounted debt buy price of 10-15%, I imagine it would be expensive to obtain an Australian Court order?-that's the big question but you say it's easy? Even if they did, they'd have to go to the additional expense of tracking me down- your honest opinion here of the odds?? I won't hold you to it:-)
Customer: replied 1 year ago.
Can you guesstimate the procedure and cost for them to get an Australian court order?
Expert:  Thomas Judge replied 1 year ago.
I understand the debt resale. I think it is a borderline figure at $20,000 - but the fact that they have already sold the debt twice is from your perspective a factor which makes it less likely that they will go to the trouble of chasing you around the world to recover the debt. Particularly if they do not know where you are or presumably that you are even in the UK. I am unclear in the nicest way how they know where to chase.
Customer: replied 1 year ago.
They've sent me an email presumably from a Linked In search which must have given them enough to go on to guess that it may be me, but even the email was "if you are etc." please contact us. Unless they're really bloody minded I would have thought the effort required wasn't worth it. Particularly if they'd have to spend sizeable sums to even get the authority to pursue me here.
Customer: replied 1 year ago.
The key here really is that they can't take direct action in the UK by reselling the debt yet again to a UK firm
Expert:  Thomas Judge replied 1 year ago.
They would need to get a judgment against you first in Australia and then transfer it across
Customer: replied 1 year ago.
Estimated cost to get the judgment??
Expert:  Thomas Judge replied 1 year ago.
Well they may well do it in house - but otherwise you would be looking at upwards of £1000. I hope that this helps - please rate
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Customer: replied 1 year ago.
Thanks Thomas- we got there in the end:-)