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CBear78

Stressed, pregnant and in australia! Please help...

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Can someone offer me any advice? In 2005 I moved to australia and I had a credit card in the UK with Lloyds TSB. About a year and half ago I stupidly forgot about it and stopped making payments. I now have debt collectors AIC calling me up demanding payment of 6000GBP. From memory I thought I only owed about 2500GBP but I don't have any statements as I have moved alot, they got my current address after harressing by parents. AIC said they won't except installments and would only take full payment which I can't afford, so I asked for a copy of the CCA, they then called and said that Lloyds would provide a copy of the agreement when they see me in court! I queried this as I thought they had to provide a copy in 14+2 days and they said the laws changed in 2006 to stop people using it to get out of paying debt. Is this true?

I would pay if they'll except installments!

I have also requested a copy of my statements.

I really don't want to end up in court in Australia, could it come to this?

Also to make matters worse, I'm pregnant and due in 2 weeks and this is really stressing me out. Any advice please?

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Tell them to get stretched.

 

DCA's will lie, cheat and lie some more to obtain payment (go ahead sue me, I'd love to produce the transcripts in court).

 

Anyway, two points.

 

One. No CCA no enforeceable debt, so Stop paying them and do not get bullied into paying anything else.

 

Two, enforcing a debt in Austrialia would be next to impossible (discussed many times on here), the costs involved would far out weigh the debt.

 

Good luck with the baby and stop stressing


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Save your money and don't worry about it CBear, as stated above they have no chance in hell of enforcing an unsecured UK debt in OZ.

 

They would have had to have obtained a CCJ before you left the UK in order to seek any enforcement at all, even if in the future an Oz based DCA shows his face, they have no chance of enforcement whatsoever


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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Thank you, I am feeling much better now. I thought he was making up the bit about the law changing in 2006 but I wasn't 100% sure.

 

I just hope they give up soon and leave me alone, they must realise it isn't enforceable so why bother!?

 

Thanks again.

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Hi,

 

Well I have been contacted the DCA again - by post this time (trying to look on the bright side!) saying they are preparing the account to transfer to legal representitives in my country, and the additional costs involved in this process will increase the balance of the account.

 

I know they are just trying to scare me (and succeeding a little) but are we sure it wouldn't come to this? Should I reply to them or just ignore it?

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Hi CBear,

Take a peek at the Australian section of the Ex-Pat's Focus website.

This topic has been discussed many, many times on there and always with the same result that Spamheed has given...

Meet you Down Under!

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Hi,

 

Well I have been contacted the DCA again - by post this time (trying to look on the bright side!) saying they are preparing the account to transfer to legal representitives in my country, and the additional costs involved in this process will increase the balance of the account.

 

I know they are just trying to scare me (and succeeding a little) but are we sure it wouldn't come to this? Should I reply to them or just ignore it?

 

Look at this company as an annoying little dog, they bark and you ignore them, so they bark again a little louder, and so on and so forth and the dogs barking gets louder and louder. Just like that dog it's all barking, there is no bite at all

 

All they are doing is making it look as if they have a claim against you, in the hope that you will get scared and/or panic and make a payment but they don't have a claim at all, they cannot enforce the debt at all, they can write to you, they can tell you to pay, they can even phone you and request that you pay, but they cannot enforce the debt. so anything you get should be filed and forgotten.

 

Have a nice day :D


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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