Good Morning.

I’ve spent the past day and night reading multiple threads across CAG concerning Australian Debt being chased within the UK.

While there is a lot of great information available, majority of the threads seem scattered with quality content therefore I am creating this thread more to assist others moving forwards; however as this is a live case, any intelligent and informed input would be greatly appreciated.

Background of situation:

My girlfriend has recently been contacted by Complete Credit Solutions in regards to an unsecured personal debt from VIC, Australia for circa $35,000, this debt was left circa three years ago prior to us meeting.

Now, not that I approve of people having/leaving debt oversees, this specific debt was left due extreme unforeseen personal circumstance, though unfortunately the circumstance won’t protect her under either Australian or British law and she is not in a financial position to currently deal with this level of debt. Her present financial position is that she currently has a small amount of unsecured UK debt and is a UK property owner with very limited equity due to Brexit.

Situation as of today:

Complete Credit Solutions are trying to go through formal identification process, they have approached my girlfriend by telephone at her work – my girlfriend has not engaged with CCS questions or identification therefore to date formal identification has not yet been achieved.

CCS have followed up to her e-mail address informing her that they believe their identifications are warranted and correct, they will be instructing Stevensdrake shortly – this again has not been engaged with or responded to.

Due to the actions of my girlfriend, to date she may have brought herself a short stay of execution but this will only be temporary.

Actions:

Nothing to do at present, I will update the thread further as this process develops.

Advice:

If anyone knows of any quick ways to shut this down, please do make aware.

The bottom line is that if she has no assets of value and no way of paying towards this debt, that CCS/Stevensdrake won't be interested in pursuing. If they obtained a UK court judgement, she could apply to pay affordable monthly payments and this might not be at a level that makes it worth it to cover legal fees etc. If they tried to enforce a court judgement by other means e.g forced sale of house, bankruptcy, they are not going to be first in line to receive any money, if there is anything.

If Stevensdrake write to her, it might be sensible to write back asking them for proof they have instructions from original creditors to act. That upon receipt of such proof that she will engage with them regarding the matter. she could ask for copies of the Aussie financial agreements including terms and conditions, plus copies of all statements of account. Then she can check whether the debt terms allow courts outside Aus to deal with it. Whether there are unfair increases in interest and charges added. If so, there might be room for complaint and escalation to Aussie regulators. While the debt is subject to complaint, it should put a hold on any collection activity.

Wait until/if you hear from Stevensdrake...no contact otherwise.

Regards

Andy

Good Morning All,

I've been meaning to come back to this for a few weeks but due to personal commitments I haven't had the time.

As of December 2016, My girlfriend successfully won her challenge against CCS / SD and it would have not been possible without the content on the threads of this specific forum.

In summary, after many hours of reading and basically taking on a second career as a lawyers, we researched and read in-depth Credit Laws in both Australia and the UK. We then decided to go on the attack, and I mean really on the attack. We had action from SD paused, CCS came at us guns blazing but with the assistance of many governing bodies both sides of the seas we were in a far stronger position.

Overall in December 2016, action was withdrawn and case got closed, as a personal couple it gave us a positive end of tough 2016.

When I get a moment I will come back and post more detailed content to assist others moving forwards.

Well done and yes please do come back with more details.

I think you are correct that the way people win their battles is to make it as difficult as possible for debt collectors and their Solicitors to proceed. Ignoring letters tends to give them the belief that they might get default judgements in a UK court, which will make things more difficult. Better to find out your rights and to confront the companies chasing the debts, as that is likely to put them off proceeding.

Hi Diodotos,

I have just gone through your thread and I am in a similar situation, would you be able to advise on what you did to shut down the case? Any advice appreciated.

Thanks so much.

My thread....

http://www.consumeractiongroup.co.uk/forum/showthread.php?477378-Australia-Debt-Stevensdrake-threatening-legal-action