Thanks Joemay, Regards,

True, but as she has never asked to see her CRF, nor is she likely to, she wouldn't know.

Hi Joemay, Like you I would like confirmation from someone knowledgeable but here is what has recently been posted on the ex-pats group I'm on: "Taken from the website of the 'CCJ factory' which is Northampton County Court The Centre will not issue any of the following types of claim – (1) a claim against more than two defendants; (2) a claim against two defendants where a different sum is claimed against each of them; (3) a claim against the Crown; (4) a claim for an amount in a foreign currency; (5) a claim where either party is known to be a child or protected party within Part 21; (6) a claim where the claimant is a legally assisted person within the meaning of the Legal Aid Act 1988; (7) a claim where the defendant’s address for service as it appears on the claim form is not in England and Wales; (8) a claim which is to be issued under Part 8." I understand that DCAs have used an old UK address for ex-pats on CCJs but this is illegal and you can get it reversed - also quoting from the other group: "All you need to do is apply to the court to have the CCJ set aside (effectively makes the CCJ null and void) You just need to prove to the court that you don't reside in the UK. This could be in the form of rental agreement, passport entry exit dates, employers letter, utility bill etc" So, in my wife's case, if Link use our old address to get a CCJ we can simply go back to the court enclosing a copy of one of the letters Link have sent her here to show that Link know she is not in the UK and the CCJ would be set aside. Only thing is, how would she know there was a CCJ against her? Hope that helps? Regards,

Thanks to both of you for this. On a slightly different note, I was looking at an ex-pats forum last night and there was a thread on UK debt from a purely legal point of view. Someone, who certainly gave the impression of knowing what he was talking about, stated that for consumer debt (as in Credit Card debt) there is nothing they can do if you are not resident in the UK. He stated (and quoted from a court in the UK) that they cannot get a CCJ against you as you can't be taken to court if you are not resident in the UK, similarly for Bankruptcy - they can't make you bankrupt in the UK if you are not resident. They can try and sell the debt to a DCA in your country of residence but that DCA can't actually do anything other than send you some letters. He did say that if the CCJ was taken out before you left the UK then things are different. Plus, if you return to live in the UK in less than 6 years they will probably come after you. Can anyone confirm if this is true? Thanks,

Would we send this to Link or MBNA and is there a charge for this? Plus, what if they simply don't reply as has been the case with MBNA? Thanks,

I had a horrible feeling that would be the case - what about the lack of DN, NoA etc? My wife paid the PPI for years before discovering that, as she wasn't in paid employment it could never pay out. She cancelled the insurance but we did wonder if they were wrong to sell it to her - they would have known it was never valid. Even if we could get a refund it wouldn't clear the debt plus her debt is with Link now and they didn't sell her the insurance so I don't see how we could claim it back. As we don't have all our old records we wouldn't know how much she paid in PPI anyway.

I wonder if anyone can help please? My wife had an MBNA Credit Card taken out in the UK in 1994. Due to my employer telling me I could either lose my job in the UK or take a job in another (non-European) country we left the UK in 2005. In February 2007 we found we could no longer maintain full payment on our credit cards and wrote to our creditors offering a proposed monthly payment - we then commenced paying the sum offered. MBNA replied to my wife asking for a full income/outgoings statement. My wife replied to MBNA in March 2007 including a full income/outgoings statement showing how we had arrived at the monthly repayment figure as requested. In November 2007 MBNA wrote to my wife essentially stating that she was making no attempt to make any payments on her card (despite the fact she had been making the payments offered) and not acknowledging either of her letters. My wife replied by return of post stating that she had been making payments and pointing out that MBNA had never responded to her letter in March. My wife heard from MBNA again in January 2008. There was no reference to any of her letters and it stated that a default was due to be registered for six years on her credit file. It also stated that once the default had been registered the balance would be sold to a third party. As a result of this statement my wife stopped making payments to the account. That was the last communication she received from MBNA - no Default Notice, no NOA, nothing! In January 2009 my wife had a letter from Link, introducing themselves as having taken over the debt from MBNA in February 2008. They obviously demanded full repayment. My wife replied by return of post requesting a copy of the CCA as recommended - Link replied in April stating they needed more time as they had to get the documents from MBNA. Link sent my wife a statement of account in April then wrote again in June asking for an income/outgoings statement and requesting payment. She did not reply to these communications. My wife has just received a letter from Link enclosing her original application form to MBNA (attached) and stating this is the document she requested. Is this application form enforceable as a Credit Agreement? Where does she stand having never received a Default Notice or Notice of Assignment? Any help is greatly appreciated - sorry my post was so long. Thanks, MBNA Front.pdf MBNA Back.pdf

After complaining to Bigpond and providing them with traces they have turned my access back on No explanation as to why they had blocked access though.

I'm using 'TOR' which is how I am getting on now Unfortunately this does slow things down and as yet I haven't got TOR working on my normal PC so I have to use my old PC. The question is, why have Bigpond blocked the CAG website - what has a UK Consumer Action site got to do with Australia?

Australia is supposed to be leading the world in Internet filtering under the guise of blocking child abuse websites. As of about a week ago, Bigpond, our equivalent of BTInternet, has now blocked all access to the CAG website! I haven't been able to access the CAG website through my ISP for about a week and have checked with other people here in Oz - anyone who uses Bigpond as their ISP can't access the site but people using other ISPs can. I guess this is just the start of the Government controlling what we can access I have complained to Bigpond but they haven't even replied. Trekrider

Oops, sorry - I didn't spot that post. I agree that Link don't appear to be expecting a reply to the DN. My dilemma is, do I ignore it and see what happens next or do I send a CCA request on the grounds it stops them selling the debt or doing anything else until they prove the debt exists in the first place.

Well, I finally got my own copy of the DN from Link today (8th October)! It was dated 25/9/08 but the postmark was London 30/9/08. It requests payment by 9th October giving me 1 day to comply!!! It was sent directly to my correspondence address here in Oz. I haven't seen anyone else mention this but enclosed with the DN was a sheet saying 'What to do next'. I have tried to attach the sheet but not sure if it will (not attached anything before). It states that the DN has been sent to allow them to terminate the agreement with MBNA. MBNA sent me two DNs a year ago and the final letter I received from them stated quite clearly that I was no longer a customer as the debt had been sold to Link. Today's DN is the first communication I have received from Link. I was making reduced payments to MBNA until they sent me the letter stating I was no longer a customer. They continued charging interest and late payment fees up until their final letter. So, what do I do now? Should I ignore the DN and see what happens next or should I submit a CCA request (I never sent one to MBNA)? Thanks for any help that can be offered. Link Attachment.pdf

Great, thanks for that.

We don't plan to return to the UK so no problem there, also. like the USA, your credit rating in the UK has no relevance in Oz:) We could get our friends to put any mail back in the post with 'Not at this address' on it but we don't know if the letter from Link has a return address on the outside as we don't have the original envelope - can anyone who had one of these letters tell me if it does?

My wife also received one of these DNs today (3rd October). It's dated 24 September and refers to an Assignment date of 20th February. The repayment date is 8th October. Our situation is somewhat different though - we don't live in the UK! The letter was sent to a correspondence address in the UK that my wife used for a mail order company - that company was the only one to which the address was given. She had no dispute with the mail order company and doesn't owe them anything and was never behind on payments. The letter was kindly forwarded to my wife from the UK address. When we got into difficulty over a year ago my wife wrote to MBNA and asked for reduced payments and no interest charges, she also gave them an address for us here. MBNA never responded to her request but did send her the usual 'you must make an immediate payment' letter. My wife then sent them a letter complaining that they had not responded to her first letter - again they didn't reply to her letter and simply sent her a letter stating the effect of registering a default saying the debt will be sold..... She had nothing further from MBNA but they did make mention of her debt in email correspondence with me (I also had an MBNA card) they refused all of our offers and eventually sent me a letter to say my debt had been sold to Link. I'm guessing MBNA broke some law by discussing my wife's account with me? Up until the time MBNA wrote to tell me my debt had been sold to link we had been making the payments we had offered - once they sent that letter we stopped paying them. Link have never contacted me and, to date, I haven't had one of these mass mailed DNs! Perhaps being overseas I'm simply too much trouble? I don't know how Link would have got the UK address - have they breached any regulations by writing to her at that address? Back to the DN - should my wife submit a CCA request to Link? I'm sure we could just ignore the DN but we don't want Link bothering our friends in the UK. Trekrider