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    • Tangliss, if you can't upload the letter, could you tell us what the heading is please? My understanding is it should say 'Letter before claim' or similar. HB
    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • 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 ?
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Student Loan debt in NZ, Living in UK


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I've had a student load in NZ since 1996 and never paid anything off.

I have lived in the Uk for 15 years and

 

recently I was contacted by a collection companany called CCI representing IRD and saying I owe NZD 36,000 and need to pay now.

 

After advice from a lawyer,

I have decided to apply for bankruptcy in NZ.

 

Now, my question is,

do I make contact with IRD and/or collection agency informing them that I have applied for bankruptcy as have no way of paying loan back?

 

I am worried they will continue putting pressure on me now they have found out where I live.

I have no assets,

earn a low income,

an a single mum etc so really have no way of paying anything back.

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guys I need advice. I have a student loan in nz dating back to 1996. No payments made. I have lived in uk for 15 years with no intention of going back to nz. I owe $36,000. Should I declare myself bankrupt in nz? I think its my only option as I have no assets and a low income.I have looked on the Insolvency website in nz.

The IRD's collection agency in UK, a company call CCI have found me and are hounding me. Should I make contact with IRD and/or CCI and explain that I have no money and will be declaring bankruptcy in the near future.

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This is a UK site. Not sure anywhere here will know enough about NZ student loans or NZ bankruptcy processes. If you have spoken to a NZ Lawyers and they are dealing with bankruptcty, you should not be contacting any debt collectors. Just wait until you have sorted out the bankruptcy. Then once that is going through, the NZ creditors owed the money will be contacted and debt collection should stop. If it does not, then pass on letters to whoever is handling the bankruptcy.

 

Debt collectors have no powers and you can ignore them. They can threaten allsorts, but they would need to spend money going through a court process to have any debt enforcement options.

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if you are going BK solely over this stupid powerless DCA chasing a NZ debt from 1996 id stop the process now and not waste anymore money doing it.

 

there is absolutely nothing a powerless DCA can do whatsoever about the debt.

they ARE NOT BAILIFFS

and as with all DCA letters not matter what country the supposed debt originates from...they can be TOTALLY IGNORED.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

 

 

Hi Kiwigel,

I am just wondering if you have gone ahead with filing for BK and if so did you file in the UK and include your NZ loan, or did you just file in NZ?

 

I have debts that I can not clear here in the UK and no assets so have been advised to file for BK, but have been informed that I need to include all debts including my NZ student loan. I contacted insolvency NZ, who told me they are unsure if a UK BK will be accepted by NZ, meaning I may have to file a separate bk in NZ to cear my NZ student loan (so, file for BK in both countries). Why they are unsure I don't know, given all the postings on the internet about overseas kiwis filing for BK to get out of NZ student loans surely Im not their first case of this nature?

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start a new thread

and start one of your own please

I question the need for anyone to go BK in the UK let alone NZ

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

i

 

I only applied for bankruptcy in NZ and it was accepted thank goodness. Its very simple to be honest. I did it all online from the UK. The NZ Insolvency Website is very good.

 

So far so good....it has not affected anything in the UK. I had heard sometimes they contact your bank in Uk but nothing so far. It went through very quickly also. Within a few weeks. I only had the student loan debt. Ask me anything you need btw.

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  • 7 months later...

Since you kindly offered to answer questions about this I wanted to ask for an update on how your NZ bankruptcy is impacting on your life in the UK?

 

I am considering applying for NZ bankruptcy and it's been hard to get any useful information on what effects this would be likely to have on my life in the UK so any insider info would be much appreciated!

 

I'd be particularly interested in what UK financial documents (bank statements, payslips, etc.) you had to provide and how much contact you've had with the administrator since that initial application process (do you have to provide regular updates, etc?).

 

Also, did you have to sell any assets and are you having to make regular payments during the term of your bankruptcy?

 

Thanks in advance.

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if you go BK in NZ that's it dead done

cant effect anything here and know one knows about neither do you have to tell them

kwigil has new returned to cag.

 

thread now closed to stop newbie bumping

 

anyone with a similar issue that has their own issue after reading this thread carefully

then start a new thread

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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