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    • Just by way of an update, I am now being targeted on Twitter.   Today, two profiles have been set up and followed me, both were "here to call out Sue's sh*t".  Both have now been blocked.   I have clearly hit a raw nerve somehwhere 🤨
    • The OP could call Express to see if they will withdraw the claim if she restarts her claim and just pay the court issue fee.    Then everyone is a winner! 
    • Hi Stormy   I do wish you good luck but I'd urge you not to get over-optimistic about a letter from your GP having any bearing on the outcome of this.  I do not share London1971's view that such a letter will assist you in defending the claim against you - unless you are suggesting that the diagnosis is so bad that you aren't functioning - in which case you probably ought not to be working.  Is your GP going to say that you can't be held liable for a breach of contract, but that you're perfectly OK to continue working and to make significant decisions in other areas of your life?  I don't know.   Also, I'm uncertain where the question of bullying and harassment first surfaced in this thread.  You engaged them on a NWNF basis to pursue a claim for you.  Apparently they contacted (or attempted to contact) you a lot - certainly more than you felt necessary or were comfortable with, and you ended up deciding to discontinue the case.  But were they harassing you?  Again, I simply don't know because I wasn't there - only you were.  Most people complain that they don't have enough contact from their solicitors, not that they are being harassed by being contacted too often.  [EDIT:  I also think most people would associate "harassment" with behaviour that is in some way harmful or damaging to the recipient, and not with a situation where the alleged harasser is trying to act in the other person's interest and to their benefit].    And I'm not sure where the bullying comes from?  They're suing you because they think you are in breach of contract and that you owe them the costs and expenses they've already incurred - and that they cannot now recover from the other party because you decided to discontinue the case.  I'm no particular supporter of law firms but, unlike some people, I don't have "anti-lawyer" as a default setting.  If they've genuinely incurred costs acting on your behalf and in your interests, then I think they've got a more than fair case to recover those costs.  Threatening to sue you or actually suing you isn't necessarily bullying.   I honestly think your best chance of success is questioning the level and extent of costs and expenses they claim to have incurred and try to reach a mutually acceptable settlement.   As I've said before, I'm not intending to be critical of you in any way and I'm really sorry that all this (the original accident, hassle with the lawyers and now them suing you) seems to have contributed to all the stress you have to bear.  I'm really just interested in ensuring that you can see this problem from all points of view and that you don't place too much reliance on an approach that I think has only very limited chances of success.  (But of course - as London1971 has pointed out - there's no harm in getting a GP's letter anyway AND preparing a legal defence like BankFodder is suggesting AND preparing to think about settling.  They aren't all mutually exclusive and you should keep as many irons in the fire as you can.  Use belt and braces and don't just rely on one).   Anyway.  Good luck.  I'm frequently wrong and you may win outright!
    • I would go with the following....please feel free to amend or add.   WITNESS STATEMENT OF Baycloves.pdf  
    • I think it would be prudent to stick with a realistic objective and that is the hundred and £69 which you you can apparently support by means of evidence. You originally said that you could have sold them for four times – £400 and I think this is certainly unrealistic. If you had some official evaluation of the books from an independent source then you would have stood a good chance but as the books have gone, I think your fallback is the £169
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DonerKebab

Living Overseas - DCA Question

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Hi.

 

I have an outstanding debt on an HSBC credit card. It has been turned over to a DCA (Metropolitan). It is about 3500. I live in Australia and am not planning to return to live in the UK. I also have not contacted anyone about this account in about a year, but still get letters from the DCA. I am planning a visit to the UK in about a month. Can they stop me at the airport?

 

Also, can they try and get a DCA here to collect the debt? I have no property in the UK anymore, not even family or anything else...just going to see friends...

 

Can anyone please advise?

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so there sending you letters to austrialia?

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Yes...somehow they managed to get my work address and my mobile number...they have quit calling...I hung up on them too many times...

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Yes...somehow they managed to get my work address and my mobile number...they have quit calling...I hung up on them too many times...

 

Ha..let them waste postage writing to you in Oz, If it were me Id be sooo tempted to keep them talking for hours to Oz just to bump up their phone bill..ha

 

No..Of course they cant stop you at the airport..I know its been said umpteen times on here but..DCA's have no powers !

 

I've no idea what kind of credit checking is used in Oz but i doubt it is linked in any way to the UK ones, but I may be wrong.

 

Andy

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I don't know either...but that is why I am checking...just to be sure...I would hate to have a PI trying to collect it here...

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What about New Zealand? They are also writing me at the employer there as I am based in both....I am resident in NZ....and they are sending me (and calling me) there as well...there is very limited information on NZ in the above forum...

Edited by DonerKebab

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There is - but it's buried in amongst the other posts.

 

Basically the same story - they can pester you but chuff all else as the debt is only legally enforceable in the UK.

 

There was a poster who was having some problems with one NZ DCA who had managed to get his UK debts listed on the NZ credit files even though they were disputed. Apparently there is some loophole in the NZ legislation that allowed them to post OS debts like this. They couldn't do anything to collect them so they screwed up his credit rating instead! It's completely ridiculous for any number of reasons - such as they had to convert the debt from sterling to NZ dollars before they could post it even though the exchange rate changed on a daily basis so the figures were always wrong!

 

The last I heard, the original poster was taking legal action against them.

 

If you want advice on NZ / AUS debt matters, I'd suggest you join the ex-pat forum. Although the CAG forums are superb, there aren't many members posting with questions like yours.

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The actions of DCA's maybe be annoying like insects flying around you but ultimately harmless and easily swatted, as others have pointed out the only problem would be if your NZ or OZ credit files were messed with, I have no idea about this, it would make an interest topic, sticky maybe ?. if someone knew more about this subject.

 

Andy

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There seems to a bit of a lapse in the Consumer protection legislation of the two counties. Here in Australia, there is no way that any overseas debts can be listed on our credit files.

 

NZ, on the other hand, has allowed at least one DCA to post an overseas debt by converting it to NZ$ first. As just mentioned, the legality of this is currently being challenged.

 

So far, there has only been this one instance reported on the aforementioned ex-pat forum so it may be just an isolated case which can be blamed on a mistake by the Credit file people rather than a more widespread problem.

 

The good news on this particular case was that as soon as the person concerned told the credit file company the debt was in dispute (Which it was) they immediately removed it from their records.

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Thanks for all of your help...calls have stopped in boith countries now, but letters keep arriving...but I guess that is why god created shredders,,,:cool:

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Thanks for all of your help...calls have stopped in boith countries now, but letters keep arriving...but I guess that is why god created shredders,,,:cool:

 

How many poor trees must die at the hands of DCA's ? *sheds a tear*

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Oh...so it's the letters that go in the shredder and not the DCA monkeys?

 

Oops...my bad.

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