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Everything posted by cerberusalert

  1. As it is an over draft anv over six years ol it will be statute Barred and unenforceable unless you have made a payment in the last six years.
  2. See also; http://www.consumeractiongroup.co.uk/forum/showthread.php?282263-UK-Debt-Living-in-US
  3. They are in serious breach of the ACCC guidelines & you should make a complaint to them http://www.consumeractiongroup.co.uk/forum/showthread.php?307717-Fair-Debt-Collection-Practices-In-Australia
  4. As the debt is owned by the SLC they cannot do anything without their written permission & certainly can't take any legal action. Your agreement is with the SLC so even if Rossendales had added any charges etc they would be unenforceable. As I said make a complaint to the ACCC because it doesn't matter what 'hat' they are wearing they are debt collecting so have to abide by Oz law & even more so as you have disputed the debt. The onus is on them to prove that there are any monies owed & until such time they must cease all debt collection activities.
  5. See; http://www.consumeractiongroup.co.uk/forum/showthread.php?307717-Fair-Debt-Collection-Practices-In-Australia If the Oz debt collector carries on playing silly beggars make a complaint to the ACCC.
  6. Whoever buys the debt also inherits your present repayment agreement so be careful they don't try to up it.
  7. The original creditor is probably in the process of selling the debt on to a third party. Scotcall would've only been acting as their agents.
  8. Ferguson v British Gas? http://www.out-law.com/page-9826 http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html
  9. Have you had anything from Robinson Way in the past, because they are part of Hoist.
  10. Unless you have assets or other means to pay it would be pointless for any creditor to apply for bankruptcy, it would cost them £1K+ which would be money thrown away.
  11. Before they could apply for a bankruptcy petition they would need to send you a Statutory Demand & even then it would need to be the owner of the debt & more than £750 would need to be owed. It would be pretty pointless making a county court claim because bankruptcy would include the debt. personally I would ignore unless you receive a SD.
  12. Yes, you are not a resident here. Unless you actually receive court papers ignore their threats. If you do receive papers you have the option to dispute jurisdiction on the forms.
  13. He'll probably be working for a company such as Scotcall on a commission basis. Usually such companies send a letter to you 'inviting' themselves (read as threatening to send a doorstep collector). As said above, they have no more rights to call than a Pikey selling pegs & you are quite within your rights to send them away with a flea in their ear. You could print off the following & hand it to him if he calls again. http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.
  14. See; http://www.consumeractiongroup.co.uk/forum/showthread.php?282263-UK-Debt-Living-in-US
  15. As far as I'm aware the Statute of Limitations is five years in France, so if you haven't acknowledged the debt or made a payment in that period it would be SB.
  16. Is it a Limited Company? If so the directors have limited liability for any company debts unless they personally underwrote them.
  17. It will be SB although it is possible that a DCA may claim that one of the £1 payments was an admission of the debt.... even so they would be skating on thin ice.
  18. Bankruptcy in the UK would also usually include foreign debts.
  19. In the vast majority of cases unless they already have a judgment from the country of origin it is just not economical for them to pursue through a UK court. The time; energy & cost in the main is too prohibitive for them unless it is for a considerable amount. What makes it even more daunting for them is the fact that they would be unlikely to succeed & even if they did unless they can be sure of your ability to repay they would in all likelihood be throwing good money after bad. Even more so if there was any chance of you applying for bankruptcy.
  20. It will still be relevant as the credit card agreement is covered by Swiss law.. Even in the unlikely event that an action was brought here it would have to be heard using Swiss law.
  21. http://1voice.org.uk/esa-news/
  22. He will be acting on their behalf on a commission basis. Although it is a foreign debt he has to abide by UK debt collection guidelines, one of which is not to try and deceive or threaten an action he cannot legally do i.e take you to court, only the creditor can do that. Six years of being on CAG & plenty of research + a PhD from the university of life.
  23. Creditors both in the UK & abroad tend to use their own 'in-house' collections who in turn farm out individual accounts to the bottom feeders of the collection industry who work on commission. Periodically the creditors put all their bad debts into portfolio of many hundreds if not thousands of accounts which are then auctioned for a fraction of the total debts then they claim tax relief. A company such as his is not in that league because they are sold for hundreds of thousands going into the millions of pounds.
  24. He can't do anything, in all likelihood he is acting on behalf of the credit card company & given the state of his accounts isn't in any position to be buying debts anyhow.
  25. Maybe the sole director made a better car salesman than a debt collector http://companycheck.co.uk/director/906735143 As far as I'm aware there are no reciprocal agreements between the UK & Switzerland so they would have great difficulty in obtaining a CCJ here. Even if they tried you can contest the jurisdiction of the UK court as any agreement you have with the credit card company will be governed by Swiss law.
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