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elliott50

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Posts posted by elliott50

  1. "A creditor may only bring action for the recovery of debts in accordance with the statute of limitations in the State or Territory in which the debt arose"

     

    Does this mean that legal proceeding can only be commenced in the state that the debt arose. So say the debt arose in Victoria, action could not be taken against me in Queensland or Western Australia let alone the UK?

     

    Why do they threaten legal proceedings then if they have no jurisdiction? I understand that they use bullying tatics. BTW they do not mention a due date in their letter, just if I fail to return payments they will take legal action and that they will add late paymnets and fees to the outstanding balance.

     

    Also what is the rules when it comes to transferring my personal data to the UK?

  2. Thanks. From what I understand a judgement can be bought against me in Australia, but the transferral of such debt to the UK only takes place in extreme circumstances (e.g a business with massive debts).... but I would like verification from an expert as to where I stand?

     

    I guess I am to blame for the situation, in the fact that I left Australia quite quickly as my father was mentally ill and the pressue at the time was just too much for me to handle. I initially did not have a job when I first moved and I fell behind with payments, but I have heard nothing since then.

     

    I am too scared to contact these people. I do not have the money to pay this amount and I do not want the clock restarted. I do not have any assets- no car...no house... all I have is an old TV and a re-conditioned computer. I am very scared of buncruptsy proceedings and this affecting my UK credit rating!

  3. I want to be careful with what I say online... The outstanding balance was a small (under GBP£2000) loan. The Original Creditor was a Bank, the new creditor is an Aussie DCA. The UK Solicitor is Stevensdrake who are aligned with Arrow Global. This is the first time I have received any sort of correspondance regarding this debt. I am unsure if this has been through the courts in Australia.

     

    Kind Regards

     

    Elliott

  4. I need clarification as to whether an Australian Debt is enforceable in England. I left Australia under extreme personal circumstance 5 + years ago and have recently been contacted by a Solicitor acting on behalf of a Australian DCA. The letter advised that if i failed to pay the amount outstanding in full that legal proceeding would be commenced?

     

    Thanks in Advance,

     

    Elliott:?:

  5. Dear Madam,

     

    Re: X And X Agreemenbt 123456789

     

    Further to our previous letter concerning the unpaid balance in the above matter, we note we have not received your reply.

     

    The Amount due now stands at AUS $ XXXX.XX. In the absence of payment of this amount by return, we shall commence legal proceedings against you without further notice.

     

    Our earlier letter set out details of the rate of interest, but for the avoidance of doubt, we confirm that in the event that legal proceedings are issued, late payment charges/interest will be added to your account from the date it became overdue for payment at the specified rate.

     

    Further, should legal proceedings be issued, court costs and fees will be incurred for which you will also be liable. If the matter reaches this stage we will not be prepared to enter into an instalment arrangement.

     

    If for some reason you dispute the claim, it is essential that you advise us of your dispute prior to the issue of proceedings, and the precise grounds for your dispute together with any documents to support the same. If you fail to do so, and raise the issue after dispute after legal proceedings have been issued, particulary on the issue of liability, we reserve the right to bring this letter to the attention of the court on question of costs.

     

    Finally if you are unable to make payment in full, it is essential that you contact us to discuss payments by installments. We enclose a statement of means form to this end which should be completed and returned with initial payment.

     

    END OF LETTER

  6. I need some very urgent help. I moved from Australia to the UK over 5 years ago, leaving a debt of just under AUS$4000. A month ago I received a letter (from an English Law Form) advising me that this debt was outstanding, but the letter did not give a due date or threaten legal proceedings. On advice from this forum, I ignored the request, - apparently legal proceedings can not be bought against me in the UK for an Aussie debt unless a judgment is made in NSW Australia and then transferred to the UK. Today I have received a new letter advising that if I do not pay under Aus$ 4000, that legal proceedings will commence against me and that I will liable for any court costs and fees incurred…. I need advice…? The letter includes a statement of means form.

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