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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Australian Debt being chased in UK - Help?!


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Please can anyone help me? I lived in AustraliaFrom 2003-2007 whilst there I got myself into bad debt. I returned home to the UK and myrelationship broke down and I was diagnosed with depression. In short I failedto keep up with payments to my Australian Debt and have not contacted themsince.

They have now caught up with me and are calling my new place of work andbeing very aggressive.

Whilst on a call to a work colleague they mentionedmy young son and that they were calling my husbands place of work.

I am incredibly frightened as I have just started a new job and amworried what they will think.

I am scared for my Son and my husbands place ofwork. I fear this will make me ill and I dont know where to turn? I have nomeans of paying the money and I don’t want to speak to them as I am scared canyou help me please?

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You are under no obligation to speak to them let alone give them any information. If they continue to 'phone & they are an Oz DCA make a complaint to the ACCC http://www.accc.gov.au/content/index.phtml/itemId/142 and the ASIC http://www.asic.gov.au/asic/asic.nsf/byheadline/Contacting+us

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If they are an Oz collector you will have to use the Oz authorities to deal with them. If UK based a complaint should be made to the OFT via Trading Standards.

 

When was the last time you made payment on this debt & roughly how much is it?

 

Did you live in the NTs?

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How did they find you? Are your details listed on any social network sites like linkedin or facebook?

 

If they call again refuse to answer any security questions on security grounds :-)

 

This is a good thread to read as regards a dca contacting someone at work

http://www.consumeractiongroup.co.uk/forum/showthread.php?265807-More-AUS-debt-being-chased-in-the-UK

 

In the case above the DCA was Credit Corp

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Thanks Guys!

I have just found my Passport and I left Australia in April 2006 therefore Ithink in one week the debt is SB?

If this is the case do you suggest that I tell them when they call as 6 years have passed without any payments or contact or willthey just stop calling?

I guess the question is when can you admit who you are and quote the law tothem?

The company is Credit Corp. And once again thanks for your help on this.

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I have just found my Passport and I left Australia in April 2006 therefore Ithink in one week the debt is SB?

 

The SB clock starts one month after the payment became due. So if you last made a payment in Feb 2006 it would be SB March 2012.

 

If this is the case do you suggest that I tell them when they call as 6 years have passed without any payments or contact or willthey just stop calling?

 

It would be best to ignore them until you are certain it's SB.

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:-(Well they have raised their game, calling work, asking for my boss, then calling my sisters boyfriends parents, this is beyond harrassment, they have also emailed me at work offering a reduced payment plan etc.

 

Do you know if I reply to the email am I acknowledging the debt? I also need to be ready to answere the phone tomorrow (they call in the mornings as Oz time) and am not sure what to say as I want to quote the law? Can I put a complanit into the ASIC even if I owe the money? Sorry...... Very distressed and embarrased now its getting me down :-(

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Thanks and yes I did, very useful, I am still not clear on whether I can lodge the complaint while I owe the money but as you say I can so I will do this ASAP.

 

I am worried that if I lodge the complaint then this tells Credit Corp who I am and that I acknowledge the Debt, is this the case?

 

I have also found a template letter to respond to chaser emails regarding the SB status of the debt would you suggest I send this - even though I cannot be sure if the SB applies or not although it will apply within 4 weeks!

 

Thanks - Again!

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if I lodge the complaint then this tells Credit Corp who I am and that I acknowledge the Debt, is this the case?

 

 

No, any acknowledment MUST be signed by you (Aus law).

 

 

Just deny and deny and put in ALL mails that you do not acknowledge the alleged debt. Also never sign anything. In the mean time you can reply to one of their emails telling them that you HAVE reported their collection activities to the ASIC and to the office of the privacy commissioner. Also that they have never had your permission to send emails to you. Also mention that you have put in complaints to the UK office of fair trading about their illegal activities in the UK as they do not hold a UK credit licence. Tell them you are about to file a dispute with the Australian financial ombudsman (that one costs them money) and you are going to request ALL information that CREDIT CORP hold on you, and you will be requesting a copy of their credit licence for the period of the alleged assignment. Even if you don't do anything they will know that you are going to fight back and do know your rights.

Credit Corp in my opinion are Australia's worst parasites and one of the worst offenders for breaking collection guidlines.

Take a look www.creditcorp.net.au/index.php and maybe ask the guy who runs it to take a look at your thread here. He is a great guy to have on your side.

 

Just remember if you fight back and fight hard they will soon leave you alone. DO NOT worry too much and remember their intimidation is intended to wear you down in the hope you admit to the debt or make a payment just to shut them up.

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Hi juat thought Id let you know that I send the complaint to ASIC and I responded to the email, I have recieved no calls at all today! Thanks again for all your kind support and assistance, Fingers crossed!

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Hi juat thought Id let you know that I send the complaint to ASIC and I responded to the email, I have recieved no calls at all today! Thanks again for all your kind support and assistance, Fingers crossed!

 

Your so close to being staute barred that they would try anything to get a responce from you and maybe a payment that would reset the clock. They might well call again so expect it, but now your well armed. :-)

Let us know how you get on.

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  • 1 month later...

Well just thought I would update you - All has been quiet since the above and today my husband and a work collegue get a call from a 'crystal' claiming to be an old friend asking very personal questions. They havnt called my phone since I sent the email and I have since complained to ASIC, I am now situe Barred and they keep calling? Is this normal?:razz:

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