Legal Question in Credit and Debt Law in United Kingdom

student loan default

I am a dual british/canadian citizen. In 1997, when i left the UK, i had a $6500 student loan outstanding. Since the repayment of my loan was income contingent, and my income had been modest in Canada, i had been able to defer my loan until now. However I am now being asked to start repaying my loan because they found out that i had made a false statement in my deferment application 2 years ago (long story). The Student loans company is now threatening to escalate matters if i don't pay them back.

Assuming i decide i don't want to pay back this loan, my question is:

1/ Since i no longer live in England, can they ''make'' me pay the loan back. In other words, can they obtain court orders to seize my assets (i own a home in canada but no assets in UK) or garnish my wages here in canada?

2/ if so, under what canadian law can they do that? are there any laws in canada that could protect me from such an event?

3/ could defaulting on my loan in england, effect my credit rating here in canada?

4/ if i wanted to get legal representation, what type of lawyers specialise in this matter?

Appreciate any advise i can get.


Asked on 5/11/05, 6:43 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: student loan default

You must consult a lawyer in your own Province; the answer to your question has nothing to do with citizenship, but rather with what the statutes in your own Province say about the collection of and enforceability of foreign debts and judgments. You should look for a lawyer who deals with an area of law called "creditors' remedies" or failing finding one, then one who deals with "civil litigation" generally. Check you phone book to ascertain if the Canadian Bar Association offers a lawyer referral service in your Province.

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Answered on 5/11/05, 6:57 pm


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