Jump to content

  • Tweets

  • Posts

    • Hi Guys   I really could to with a bit of advice.   I have used the surname A (we will call it that to help with the explanation....lol) all my life. Name A is on everything i need my name for on a regular basis (my birth certificate, driving licence, bank accounts, utility bills, doctors....etc).   Now as a child my mum remarried and thought it a good idea in all her wisdom to ask the school to put a name B on my file.   So when it came time for my national insurance number came it had the name B on it.   Inland revenue said that there wasn’t a problem with this as long as i never try and do anything fraudulently (trying to obtain benefits in two names…etc) but later in life there was a few problems with ID not matching, so I spoke to a solicitor and they wrote me out a stator declaration stating that the person with the surname B and national insurance number is the same person as the person with name A.   This has always worked perfectly with any issues that arose up until I applied for a passport.   Now on to my actual problem….   I’ll try and keep this a bit shorted as the passport office has constantly messed things up and either contradicted themselves or apologised.     I applied for a first UK passport and as I’m English and fall within a certain age bracket all I had to send them was a form filled in by someone that has known me for a number of years. I sent this off and received a letter stating they needed more information and I needed to contact them. This then turned into the actual decision maker calling me back the following day.   She said that because I had put that I had been known by name B once that they would need to see that I have changed my name to name A.   After explaining the situation with her about name B and that there is nothing really that I can change as I only use name A, she requested that I send in my birth certificate so she could complete the application.   I sent this in and had a repeat letter from them saying they needed more information and I had to get the decision maker to call me back again.   This time she said she would need a stator declaration to explain the name. I said I have one of those (I actually forgot I had it until she requested it) but explained that it wasn’t a change of name and just explaining that the person with name A is the same person as name B. she asked me to read it out word for word to make sure it had the right heading…etc and said for me to send in the statutory declaration, driving licence a bank statement and a recent utility bill.   I sent this all in and guess what…… I get another letter saying they need more information.   So we go down the same route with a call back only this time she says she wants a letter from HMRC in the name A and a statutory declaration stating I have changed my name from name B to name A.   I reminded her about the situation with the names and explained that HMRC say there is not a problem with my name and that I would in effect be lying to a solicitor as im not changing my name to name A because its already name A.   She then completely changed her tone and started going on about me also needing to sit an interview…etc (that I expected anyway) and that if she was to give me a passport then there would be nothing stopping me from getting a passport in name B. I then said ok ill go ahead and have the passport in name B but she said a letter from HMRC is not enough to get a passport.     This has gone back and forth with different departments and I had to make a complaint (even that was a problem because I had normal representatives claiming to be from the complaints department so they didn’t actually open a complaint).     It’s got to the point now that I need to get the ombudsman to step in.   I had a consultation with solicitor that agreed that I’m completely in the right and said went down the lines of the fact that it’s not a legal requirement to have name A with HMRC and it can be presumed that I am going to do something fraudulently. And he likened it to a woman that has got married and can use her maiden name as well as her married name (there’s not one rule for one and one for another as this is discrimination).   I need to send something off to the ombudsman so I was wondering if there was some legal stuff I could quote?     Thanks for any help given and sorry for the long post….lol
    • The bigger arguments were   You need to stay in the UK to stay in the EU - and the UK would veto Scotlands entry - they cant now   Currency - you cant use the UKP - many arguments contrary to that and Scotalnd could easily choose dual currency - rather like the english and scottish fivers   Finance - For starters: * Kick the nuclear subs out and access the gas and oil and fish in those Scottish waters for a 10 year plus boom with no England interference and bleeding dry - as Scotland gets established in the EU * Fishing (in agreement with the EU and Norway etc was always more important to scotland and the tocks are moving North * Become the route from Ireland and the US to the EU - ask Dover etc how profitable that was *** Demand a full breakdown and legitimacy of the part of the UKs debt they might be expected to share - including the 100billion chumocracy payments .. if England dare ask   Hows that for starters?
    • They never included statements.  Just a list of each loan.  Date taken out and amount.
    • Hi.   As far as I can see, you haven't read any other private parking threads to understand how this works. If you don't mind my saying, you need to read more threads so you grasp the whole process.   HB
    • Is there any point in leaving the defence for a lengthy period other than necessary for its  preparation? Or is it better to get it done as soon as I am able to?
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
      I opted for mediation, and it played out very similarly to other people's experiences.
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
      Many thanks, stay safe and have a good Christmas!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

  • Recommended Topics

Pursued in NZ by NZ DCA for UK debt

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4415 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

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



Recommended Posts

Hi there,


I'm new here. This is my first post on this site and I'm at my wits end.. I've looked through many many other threads but don't seem able to get the required info or help. ANY help would be gratefully received. We emigrated to NZ in 2006 from the UK. I had a couple of minor debts that I paid before leaving but had MAJOR issues with XXX over my credit card for a while before leaving, namely excess charges etc - they refunded some and agreed that they had been in the wrong and credited some back to my account at various times and for various amounts. Some were for wrongly calculated charges, and the rest blatant overcharging etc. I tried paying them as much as I could afford but utterly lost patience after a while as they were so intransigent & treat me like a piece of dirt. To cut a long story short I thought 'st88F them', especially after when we arrived here in NZ my promised job never materialised, and we have ever since been relying on my wifes paid post and I being the 'house dad', so not much money and going the wrong way. I know that some people will not agree with me for this attitude but to be honest I'd worked out I'd paid them all their original amount back anyway and then some...the amount at the end was not a lot..about £3K (well it's not a lot to some people but still seems a lot to me).


Now utterly out of the blue I have a NZ DCA asking me for 10000 NZ dollars as a collection agent for a XXX card (no supplied acc number etc). They got my address here by pestering my father who was scared witless, as they told him they would trash his credit record as the debt was now at his address. I know, I know now they cant do that but they scared him into giving my address here. Gutless the lot of them...


So I ignored the first demand for full payment, & the second reminder but have now (in the space of 16 days) been issued with a notice of intent commencement of legal action etc with intent to gain a judgement, trash my NZ credit rating etc.


A few questions - and I really need some help here - please;


Obviously XXX sold on my debt to some DCA who then sold my debt onto some DCA in NZ..I guess??


Can they do this in NZ as the agreement with XXX was a UK 1974 CCA signed agreement, I remember it - and I guess only legally enforceable in the UK. Or now that the debt has been sold (I'm guessing here) does that then become automatically enforceable in New Zealand?


Do I reply at all, or is that giving them what they need?


Do I just ignore it? Do I return envelopes back marked not at this address??




do I fire off the CCA request, subject access request letters (as on here) and state that as the debt was signed under UK law as a UK resident it is not enforceable here in NZ and they must comply & that they have no ability to cllect this under NZ law. Do they have to have registration under UK CCA to to do this. They don't even put the card acc number on their letters.


Does the OC have to gain CCJ in the UK first, then the NZ DCA 'domesticate' the debt' before it can be collected here?


I really need advice here one way or the other. I was under the impression that a UK debt could not affect your NZ or Australian credit record and couldn't be enforced here. I have read the 'Inside the DCA' thread and I have some suspicions about it at times. I'm not proud of walking away but I was pushed to the edge on this when back in the UK - I even conversed with some oik from XXX by email when we first came to NZ and had a h8ll of time stretching out finances as they wouldn't accept interest only on our mortgage and forced is into full payment even when we had to convert NZ$ to £. I never forgave them for that as we had banked with them for years, never missing a mortgage payment until the end when I was laid off. So not proud but I do sleep at night...until now that is.


Please, help would be appreciated...thanks..


Sorry if this is not right but I've also posted this into the Debt Collection Industry forum too..

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...