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minky47

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  1. I am a journalist and have recently contacted producers at the Channel 4 Dispatches programme about running an investigation and subsequent programme on this disgusting state of affairs - debt collection agencies, firms of solicitors acting/masquerading as debt collection agencies, intimidation and all the manner of illegal practices these two-bit organisations embark on. I will also be sending this link to my MP. In my own situation, I can report with glee the seriousness with which the Solicitors Regulation Authority have taken my complaint against the two-bit DCA who is chasing me. I will be pursuing the Channel 4 option, and my MP on this and have made it my mission, along with so many others I know, to bring down these **** bags. If it takes my whole life I will achieve this. My heart goes out to this person's family and friends, and to every other person in this situation. I have had success getting Channel 4 coverage on other issues before, so I am confident on this one. If it achieves nothing else, exposure of these criminals is a must, and it will eventually lead to a change in legislation.
  2. This is really interesting. It's good to see that ASIC is such a force in Australia. I have just reported my bunch of clueless apes to ASIC and the OFT and others too. I am having such fun with this. I also have other tactics up my sleeve. It's a thing of beauty.
  3. Brilliant, thanks so much. Will do that and try and put my last address in, although I wonder how it will work if I am paying with my UK debit card. Will try it anyway. Just a point for those out there reading this too, I contacted the Magistrates Court in the state where I lived last night. I emailed them and told them my situation. I was very honest with them. I said Credit Corp were chasing me for a debt which I did not acknowledge. I gave them my full legal name and the last date of contact from Credit Corp and asked them to tell me if a judgement had ever been made against me. I just got back an email from (it's wonderful they are working while we are asleep with none of this bank holiday nonsense and they said they did a search on me and no judgement has ever been made against me. Phew!!! I did an extensive search last night and found out that county court judgements for unsecured debt with credit agreements such as credit cards are made through the magistrates court. I checked it through the county court in my former state, because being called a county court judgement you would think it would be passed down through the county court, but no it is through the magistrates court - the civil section of course, as we are not criminals - ha ha. Will also email the county court too and ask them the same question just to be doubly, triply safe and do the VEDA check. Just to say too - I last made a payment and acknowledged the debt in August 2005 - March must have been a typo. I also wrote three letters last night - one to SD telling them I am reporting them to ASIC and the Solicitors Regulation Authority in the UK; a letter to ASIC and a letter to the SRA. Will post these three letters today. Am feeling very empowered. If anyone else out there needs support and encouragement, please get in touch. Power to the people.
  4. Thanks Cerberus, have just - probably wrongly - posted a question against an earlier thread - basically asking whether Credit Corp will be able to see if I access my VEDA or Dun & Bradstreet file if I apply for an online credit report in Oz? Does anyone out there know if you can get information on judgements made against you through the Australian court system, without having to go through the credit report agencies? I ask because I am presuming that doing it this way will not advertise your activities to creditors - surely the courts have rules on who they give information out to, and an individual is legally entitled to get information about judgements against him or her in the court system. Any thoughts?
  5. Hi again Cerberus, this is an old answer to MarathonGirl's post but I do need to know again - to what extent will my details be used by various DCAs in Oz - if I check my credit either through VEDA or Dun & Bradstreet in Oz? I am super-paranoid that the minute I go online and check my VEDA or D & B report, Credit Corp will see me, find me and action me. I know they have already but I don't want to a) re-set any debt clock as I am nearly SB'd or b) advertise my whereabouts to any other potential Oz creditor. Any thoughts? Minky
  6. Sorry, me again. The following is very, very interesting, and - if I am reading it right - is something to shove up the [email protected]@@@@@@ of SD and all those like them. Hopefully I am reading it right and not reading what I want to read. Any observations and comments most welcome. This is courtesy of ASIC's PDF on statute barred debts - link in my last post. Which legislation applies? Given the inconsistencies between limitation regimes and the increased centralisation of debt collection by both lenders and debt collectors, one of the key issues in ensuring compliance is knowing which legislation applies to what debts. In 1993, each state and territory enacted legislation providing a nationally consistent answer to this question. For example, section 5 of the Victorian legislation 11 provides that: If the substantive law of another place being another State, a Territory or New Zealand, is to govern a claim before a court of this State, a limitation law of that place is to be regarded as part of that substantive law and applied accordingly by the court. This means, for example, that if a debt is governed by NSW legislation, the Limitation Act 1969 (NSW) will apply regardless of where legal proceedings are commenced. 12 Several matters determine which state or territory’s legislation governs a claim: • If the debt arises out of credit regulated by the Consumer Credit Code, the relevant jurisdiction will be that in which the debtor ordinarily resided when the credit contract was entered into. 13 • If the debt is not regulated by the Consumer Credit Code, the relevant jurisdiction will usually be that in which the contract was entered into. • In some cases, the contract itself may include a clause that constitutes an agreement between the parties that the contract is subject to the laws of a particular jurisdiction. However, such a clause will be ineffective if the contract is regulated by the Consumer Credit Code. 14
  7. Hi again, can anyone shed light on this - comes from this link: - http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/statute_barred_debts_report.pdf/$file/statute_barred_debts_report.pdf Does this mean that if there is a court date and judgement in Australia, that the new statute barred date of between 12 and 15 years applies? Should I find out if a judgement has been issued against me in this case? The columns have become a bit mangled but in essence the first year number is for a simple contract - ie 6 years, the second is debts following a court judgement? What is the relevant the limitation period? The limitation periods in Table 1 apply to: • unsecured personal loans and credit cards (referred to as simple contracts)—the majority of debts sold or referred to debt collectors will arise from simple contracts; and • debts following a court judgment. 5 Table 1: Limitation periods by state or territory State/territory Limitation period for simple contract Limitation period for court judgement Australian Capital Territory 6 years 12 years New South Wales 6 years 12 years Northern Territory 3 years 12 years Queensland 6 years 12 years South Australia 6 years 15 years Tasmania 6 years 12 years Victoria 6 years 15 years Western Australia 6 years 12 years
  8. Thanks Cerberus a nice, proverbial, kind and much-needed slap on the face to calm me down. I mean it, thanks I think what I will do - and if my actions help someone else out there - then wonderful I am going to play games with SD, am going to write them another letter which is basically exactly the same letter that you advised me to send a few months back - you posted the template on this site if you remember, but I will also add at the bottom, that I am now going to issue a formal letter of complaint to the Australian Federal bureau of whatever it is. I will also send an email to the Legal Ombudsman here, and copy them in (I hope this is not seen as defamatory - and complain about them to the OFT. If my actions give them the kick up the ar%% they need (whichit won't I know), and make them think a little about their potential success rates, then all well and good. Blessings to you.
  9. Hi People, thanks for the responses. Have been reading Docker 1's thread and to be honest getting myself in a bit of a tizzy about things. One of the points raised got me thinking. SD obviously snooped around and found me on Google. I am highly visible on Google (unfortunately) as I have a business and I am listed in Companies House. They have threatened to get a CCJ against my house. The funny is they have obviously been snooping and have found out that I have a lot of equity in my house so that's why they are going for the kill over such a piddling amount. This leaves me to believe they pick their targets carefully and that is why they are not giving up with me. On reading Docker 1's situation - highly unfortunate - I got to thinking that he should not have under any circumstances offered to settle, and that SD are in fact just playing him. Lots you have picked up on the fact that the court proceedings appear to be totally illegal. I simply don't understand the barrage of incredible advice - (I mean I don't understand the technical aspects of it) - coming in here, for him. With every respect for those commenting I am now extremely confused about what I should do. SD have put me under a microscope and obviously have had their detectives out examining my financial life (how creepy). They have decided I can afford to settle with them - (I can't), and have decided to bully me into things (I won't be bullied). I cannot bring myself to request an Australian credit file for myself to see if any judgements have been made against me, because I want nothing to do with Australia in that way. All I have is copies of credit card statements and a letter from Credit Corp to my old address in Australia dated 2006 which say they are going to issue proceedings against me to reclaim the debt owed on the credit card. If SD are to be believed there was only one letter from Credit Corp. The last payment I made was online from a country other than Australia and other than the UK in mid-2005, then nothing after that. So here I am now with letters from SD saying they can't get an original credit agreement for me, but how would I like to pay? I am totally sick of this. Poor Docker 1 has been ground down by this whole affair, and ground down to the point where he has made an offer. I won't do that. Again how can a British court issue proceedings on behalf of an Australian DCA? It beggars belief that this can happen when so many of you out there are quoting legislation and precedents etc. It also defies logical common sense, otherwise, as others have said, it would happen ALL the time, and I don't believe it does, does it? I think I need to calm down and write SD a letter asking them again for proof of the debt. They have already told me they can't get it, so what now? I want to complain to the Australian Federal agencies but am concerned that if I do, they will then - as they have stated they will on their website - share my information with Credit Corp. I am also going to be doing a lot of travel soon for my work and will be renting out my home so don't want any nasty letters going to that address and being opened by tenants. Oh F&&&!!!! I know my situation is not nearly as dire as Docker 1, but his thread has put the willies up me (excuse the expression). My debt is nearly statute barred, but there seems to be concern on this site too that DCAs can go after you even though a debt is statute barred. Even if they don't stand a chance of winning, it is so incredibly stressful, and I like most people, have my fair share of life's stresses. I am probably venting now and I need to take a chill pill. Everyone on this site is so incredibly helpful. I was just a bit buzzed out by the mass of help and legal jargon listed in the Docker 1 thread. BW, Minky
  10. Hi William. I have been through the ASIC website and have been directed to this online complaint form situation. I am nervous about proceeding because it is basically asking you to tell them everything about the complaint and allow them to deal with it. This really will open up a can of worms. It will mean they have to look at my file. Surely then this will restart the clock, even though I will never admit to anything. Have a quick read of the cut and pasted form below if you have time and let me know what you think. Best, Minky. Online Complaint Form Completing this form should take you about 15 minutes If more than one person is making this complaint, please make sure that you are authorised by each of the other complainants to make the complaint. If you are making this complaint for someone else, that person (the complainant) will need to complete a Third Party Authority and a Disclosure Statement. The online complaint form consists of 4 sections: Your Details About your Complaint Complaint Details Review and Submission Tips when writing and making the complaint Most fields in the complaint form are required, unless otherwise noted as optional You do not need to use any formal, legal or technical terms Tell us what compensation you want the Member to give you, or corrective action you want the Member to take to resolve your complaint Give us a copy of all documents that are relevant to your complaint Give us consent to send a copy of your complaint and your documents to the Member you are complaining about You must consent to the Member giving us information and documents about your dealings with the Member If you have any difficulty in presenting your complaint, we can help you prepare it. In doing so, we will not be "taking sides", but will simply help you present your complaint as clearly and concisely as possible. If you need assistance in completing this form, please contact us on 1800 138 422 . Please tell us the person or business that you are complaining about:
  11. Here, here William. Couldn't have put it better myself. You're absolutely right. Companies like creditcorp and SD are ****. It's a disgusting practice what they are doing. In an ideal world none of us would walk out on our debts, but these credit card companies use every evil practice under the sun to sell products to anybody who moves, and sell them too with payment protection insurance, which then turns out to be worthless. I am so glad creditcorp have given up on you.I wish you a peaceful, serene life away from these scumbags. Brilliant. I will have a trawl through the sites tonight. I am not going to ignore SD though. I want them to know I am onto them, and what they are doing is illegal. They have contravened every rule in the OFT book, threatening me to take away my house etc etc and they have not even been able to provide proof. I am convinced too they trawl this site for inside information. Well if you're reading this XXX from SD - go FUxx YOURSELF. You will NEVER win. To Krios thanks for your brilliant support. I will look at William's letters in the folder. Am looking forward to this now. There is nothing I hate more in this world than bullies. You think you're leaving them behind when you leave school, but I've met more adult bullies in the workplace and in my dealings with corporations than I ever met in the playground. It's zero tolerance all the way for me. Best wishes, Minky
  12. Thanks William, I will do this. Have just emailed Legal Ombudsman - http://www.legalombudsman.org.uk - to make a complaint against them. I will have a look at the sites you talk about tonight. The thing is I really, really want SD to know I am pulling out the big guns on them. BTW how did you go with all this William. I read all your posts from a few months back. Did you get it sorted? Have Creditcorp stopped hassling you? Best wishes, Minky
  13. Dear William415, I will do this, but how would you suggest I approach SD now. I am going to wait until 7 days have passed (I got the letter yesterday), then I was going to send them a letter telling them they are in breach of OFT guidelines. At the same time I am going to send a letter to the Law Society or the right body that scrutinises law firms in the UK, as well as OFT. I want them to know I am sending a letter to OFT and the Law Society and to show them I have actually done it. How do you suggest I approach the Australian body re: creditcorp? Any advice would be so gratefully received. Should I tell SD in my letter that I am writing to the Australian ombudsman about them? Minky47
  14. Thanks Krios, I am concerned that if I contact Credit Corp in Australia I will open another can of worms. I simply don't know how to approach them or bring it up as I have never received any mail from them in any shape or form. The only letter was a copy sent to my old address in Australia, and dated 2006. This was what SD sent me at the ned of last year. It was a letter that said they were going to start proceedings against me if I didn't settle with them. The first I knew of this was when SD contacted me in November last year. Obviously Westpac sold the debt to Credit Corp. Why then did it take them at least four years to start pursuing me? I know there is a lot of advice in this thread from posts put on a few months ago. I think I need to go back and reread the advice there and take yours too, of course. Am thinking that I will send them a letter this week telling them I am now reporting them to OFT, the Law Society etc for harrassment, and see what happens. It's a warning out there to others in this position, that these people are total sharks, and obviously there is something big it in it for them to pursue someone without proof for such a small amount. I have never admitted to any debt nor will I. I do really appreciate your advice Krios, and will let everyone know how I get on. Cheers.
  15. Dear William 415, my sentiments exactly. They are admitting they have no proof, so this reinforces the fact to me fully that they are bullies and acting totally illegally, as if any of us needed proof of that. I will now make official complaints to OFT, the Law Society and anyone else I can think of. I asked them to proof the debt was mine back in February, but they came back with a pathetic excuse that they couldn't get it but would try - three months later - this is the letter I get. How do you say Go F*** Yourself in professional speak?
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