Rubbish. Unless a person has had notice of the proceedings they cannot be arrested under any circumstances. Also the case would never get to a committal stage with the person abroad. Also the Gardaí do not keep a list of debtors at the airport, believe it or not they have much better things to be dealing it. The OP's neighbour would have no problems coming home for holidays.Coming home for christmas may be a non runner, especially if you're found to be in contempt of court for not appearing at court cases, and a warrant is issued for your arrest,.. I don't know if that can happen. If it can you could be arrested at the airport. It would be very difficult for the bank to serve a summons on you though, but not impossible.
Rubbish. Unless a person has had notice of the proceedings they cannot be arrested under any circumstances. Also the case would never get to a committal stage with the person abroad. Also the Gardaí do not keep a list of debtors at the airport, believe it or not they have much better things to be dealing it. The OP's neighbour would have no problems coming home for holidays.
If they manage to sell and convert negative equity to an unsecured personal loan, it might be worth for them to move to Britain first and get bankrupt there, before starting a new life in Australia.
However, I am not sure but the husband's bankruptcy could then prevent him getting Australian residency.
I really feel they should do some research first, consult with international lawyers, to decide on the best course of action, rather than just blindly deciding not to pay, no matter what, as it could backfire.
Wrong Joe on so many counts. Arrest warrants are not issued for failing to turn up for civil cases. You cannot be served an Irish summons overseas esp in relation to civil matters like a debt. That person is outside the jurisdiction of the Irish courts and is under no compulsion to attend. That is why they have to enforce where the person is resident.If you are served a summons in a foreign jurisdiction, and fail to appear in court, can you be found to be in contempt of court and a warrant issued for your arrest?
There is no recipricol arrangement between Australia and the United Kingdom over personal debt in the UK and that also works for debt run up in Australia being unenforcable in the UK. The two countries operate very differently in terms as to how credit is applied.
Neither will affect the credit rating in another country because of jurisdiction and the seperate laws that operate in terms of personal credit though will really mess up the rating in the country in which it was taken. A source at Baycorp who is Australia's equal to that of Experian who tells me the following.
Though it may be possible to find people, it is a prohibitively expensive route for most UK lenders and any costs using an Australian agent to pester you a bit are non recoverable and debt is usually written off or suspended in anticipation that you may return to the country in which it was run up.
Even if an Australian agent is used to try and get the money back, laws in Australia prevent them from being excessive or intrusive unlike the UK but they have no power of collection. For an agent to tell you it is enforcable or it can affect your Australian credit rating, is a serious offence under Australian law the same as laws in the UK are designed - though inadequately in comparison - to prevent such occurances.
As it is personal debt, you cannot be extradited over it because it is beyond jurisdiction. The only exception to recipricol arrangement so far as owing money is concerned is anything thing to the government directly in issues related to revenue and customs or other government agencies i.e. tax, child support etc.
It really is a matter of conscience.
I am saying banks will always chase debts to Australia but I am aware of cases where they have. They can get judgemnents here and have then enforced in Australia and I have also heard cases of where an Irish debt was passed on to an Australian debt collection agency.
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