UK debt being Chased in Australia

[Mr Worried]

Securitized basically means the 'portfolio of debts which included projected estimates of the value of any attached assets (ie housing 'secured' on alleged debt) has been sold to the highest bidder in an attempt to

 

1. Recoup any projected losses and get the dodgy stuff off their books

2. Make money for the poor struggling company who no longer has the clients in their grip.

 

Hope I've expressed it as simply as possible. Its a common term for reselling dodgy deals to hide the evidence and has resulted in the collapse of a few mortgage lenders...

 

Hi Sillyg

 

Great Summary

 

Mr W

[blackdogupya]

I got one last night from P****** and almost fell off my chair! Not only was it addressed to me but included a letter to someone that used to live at the same address as me in the UK!

 

Seeing this forum this morning has alleviated my worst fears! Thanks guys!

[thebrickie]

definatly one for the privacy laws, they just get worse these guys, dont send the letter back to them whatever you do, nice piece of evidence that, also as stated in the forum dont get involved in any communication with them apart from in writing, was it a notice of entitlement or section 80,

 

what state are you in?

[blackdogupya]

I'm in WA. I have just got a default off my Credit File after 7 years for something I don't remember having and had no proof of such, so this scared the S*** out of me yesterday.

 

I actually thought about calling them and just paying it, but then I started to think to myself that a UK debt is just that. It can't be transferred overseas. So I thought I'd have a look around today and stumbled across this forum!

[cornflakegirl]

Goodness me - that's a new low!! ASIC and the Privacy Commissioner will be very interested in that one - make sure you let them know. Plenty of help here for you with making complaints and writing letters blackdogupya!

 

EDIT - definitely will be statute-barred and not allowed to be listed on your Credit File then. I'm so pleased you managed to find us, long story.......

[dodgydebt]

Sound the bells again huh...another new member, very sorry to hear they are still going and getting dirtier as time goes on.

 

Have they listed a default on your file? If they do, another nice piece of evidence for your compensation case.

[Bodgit]

G'day All,

 

Have just a quick question.

 

Have been going through assignments and the UK Law of Contracts and nowhere can I find a reference that the original terms and conditions of a contract can be changed without my approval when assigned. I think that may come under a novation if i am correct but would like someone with better understanding to clarify if at all possible.

 

It would seem that P*****r are trying to fob off the Aussie regulators that since they bought the debt it becomes an Aussie contract.

 

A UK CCA contract does'nt meet the CCC requirements of legal undertaking as the contract must have been made in the juristiction relevant to the CCC to be able to comply with the law as under s5 and s6.

 

Thx in advance

 

Bodgit

[2ltr16valve]

subscribing as this looks very interesting and my family and I shall be moving to Australia once my partner and I have completed our nursing training

[cashins]

Have been going through assignments and the UK Law of Contracts and nowhere can I find a reference that the original terms and conditions of a contract can be changed without my approval when assigned. I think that may come under a novation if i am correct but would like someone with better understanding to clarify if at all possible.

 

 

Wouldn't matter to much anyway Bodgit.

 

Governing law in this instance is the UK Consumer Credit Act 1974 (as ammended). There is a clause in the CCA that specifies no clause in a regulated contract can overide the provisions of the act.

 

David

[summer2004]

I note from previous replies that a UK debt is not enforceable in Oz unless perhaps, there has been a CCJ granted in a UK court. How would I know if a CCJ had been issued against me? would I have to be there?

[ODC]

You can check CCJs, court orders & fines - Search yourself and others - Trust Online

[vint1954]

I note from previous replies that a UK debt is not enforceable in Oz unless perhaps, there has been a CCJ granted in a UK court. How would I know if a CCJ had been issued against me? would I have to be there?

No, not even then as I understand it, unless it was for a crown debt, Tax, fines etc.

[Goldcoast]

Hi Guys,

 

I'm another one, I'm afraid. Thanks to Bobgit for starting the forum and cornflake girl, dodgeydebt and others for keeping us informed. I am also interested to know if anyone has had anything taken further than just legal threatening letters. I would have thought too that they wouldn't have a leg to stand on in an aussie court. Surely they would have to hold up the UK Sharkleycard agreement and claim the UK debt is payable in OZ under what law ? However, it is easy to get intimidated and I'm sure that it their main (and perhaps only) tactic. I am assuming it's just a numbers game to them.

 

I will write to the CRA in the morning. The more of us who do this, the more chance we will have on us getting them removed.

 

 

Thanks again for all you tips.

 

Goldcoast

Edited October 15, 2009 by Goldcoast
don't need to mention names

[vint1954]

They would need to take court action where the debt originated, that is here in the UK. there being no reciprical arrangement for enforcing UK civil law in Australia, they are stuffed.

[Bodgit]

Goldcoast, Have sent you a PM.

 

Recieved a reply from the ubiqutious Sp**re legal head claiming that a UK debt can miraculously be turned into an Australian debt by the simple matter of an assignment and that therefore the UK law no longer applies.

 

Thanks to the CAG boy's and girls for all your help so far. I'm sure we will be back soon with more miracles that can be performed through the wonders of some idiots legal Inadequacies.

Bodgit

[ODC]

I think these Aussie firms thought they could make a quick buck by trying to con new immigrants to Oz in the hope that they would pay up so as not to get into trouble in their new country

[cerberusalert]

Basically they have to acquire a CCJ in the UK and apply to an Oz court for enforcement.

 

They cannot apply for a CCJ against an non-UK resident. Although it has occurred in the past, the judgement can easily be struck out.

[Jazzi]

Hi Bodgit

 

I find myself, or rather my husband, in a very similar boat. Lived in the UK for ages and then moved to Oz with family. Hubby was supposed to have settled all his credit card debts when leaving but didn't! I had no idea as it is his debt and not mine. I'm fuming but not alot I can do now!

Anyway, to cut a long story short a letter has been received from a debt recovery agent in UK. Unfortunately, it would appear that they were given our address here by a drunken relative in the UK. Letter states that it's a letter before action. Amount owed is just over three grand (pounds) but they are willing to accept about half, otherwise will now start litigation process with the bailiffs coming round etc. Looks like a computer generated letter but not sure as I haven't received one before.

Hubby apparently had been paying them small amounts till about a year ago when he couldn't afford it anymore.

Have tried to look up various sites in oz for information/advice and seem to be stuck. Advised that they have two options, can either get ccj in england and then seek to register it in Oz (as per Foreign Debt Bill) & then enforce or instruct solicitor in oz to get ccj and enforce warrant of execution.

Have read your thread and I'm still confused as to where we stand? Still not entirely sure or convinced of the jurisdiction but someone did point out to me that jurisdiction may not be an entirely plausible defence given that they offered to halve debt.

I'm of the opinion that we try to settle the debt as offered or come to some type of agreement but hubby seems to think that it can't be enforced here as it would be too costly. He thinks they are just trying on the bullyboy tactics to scare us into paying.

What worries me is that it is not my debt and if it is pursued over here then where does that leave me and my son? Majority of belongings etc, I purchased so do not want them seized by a bailiff/sheriff or my house for that matter.

 

Assume we have to ask for a copy of the credit card agreement? Is this the right place to start?

 

Any help or additional info you can shed on this would be great. If you the details of other aussie sites I could look at that would be wonderful.

Hope you can help.

Jazzi

[ODC]

They CANNOT get a CCJ in England as you are no longer resident in England and they know that so they cannot try for one against you old UK address

[Bodgit]

Thx Guys once again.

 

Have learnt a huge load of information from you all.

 

Basically the consumer solicitors from legal aid are now in the process of starting investigations into this company.

 

Australia are in the process of a review of the debt collection practices here. The people I have spoken to are non judgemental and very supportive of our situations which is great news for us.

 

They have stated exactly what Cerberus and the others have iterated in so far as they have to gain a CCJ in UK before any court in Aus could contemplate looking at the case.

 

Even then you can have the CCJ overturned if they already knew you were overseas when they had applied to the courts for it, as they lied to the court....not a good thing to do.

 

Am still waiting for the ICO to give a defintive answer to the Data protection Act Eighth Principle breaches. Not sure if I'll ever recieve one. Will keep badgering them though...

 

Cheers

 

Bodgit

[Bodgit]

Jazzi,

 

Don't Worry. as stated above they cannot have a CCJ if they know you're overseas. You must be issued with an summons at a uk address so you can defend any action.

 

To have any action taken in Aus they must first gain a judgement in uk. then try and have that enforced in the Aussie high court. Only an Aus high court can make a judgement on this matter. It's been set up for big business debts really and not unsecured debts.

 

The issue has arisen here because this DCA has an idiot for a legal rep.

 

This is the first time any Aus DCA as bought a UK debt and tried to list it on our Aus credit file.

 

There is no legal recourse open and no ability to alter the original terms of a UK contract to meet the Credit act of australia.

 

PM your details and I explain more.

 

Bodgit

Edited October 15, 2009 by Bodgit

[Jazzi]

Thanks Bodgit & everyone.

 

Have had another read of the previous postings and it's been very helpful. Still not entirely sure what my next step is though.

 

Jazzi

 

 

P.S. since posting this I've come across an article from the Times online 10/10/09, which refers to a test case Phillip McGuffick v RBS whereby the enforceability of CCA's was in question. Ruling that whilst may not be enforceable the contract, rights & obligations remained. Does this now likely to alter previous advice?

Edited October 15, 2009 by Jazzi
Added info

[cerberusalert]

Does this now likely to alter previous advice?

Not at all, in fact it confirmed that legal action could not be taken only that sending begging letters and trashing credit files is not (in the mindset of that particular judge) enforcement. But that doesn't affect you anyway because you're in a totally different jurisdiction.

[Jazzi]

Thanks for the info.

 

Wondered if someone could give me some advice as to what I do now? Do I need to make contact with the DCA in UK? Not sure what to do next. The last letter was a letter before action and referred to a reduced payment, which they said would be noted on the credit file as a partial payment.

 

Having now read various threads on this site I have come to understand that this is not a full and final settlement and whilst they get their money, if we coughed up, they are likely to sell on debt for balance with next shark asking for balance or more! Have a limited time to make contact but not sure what to do at this stage or if there is anything that I should be doing at this stage. Do I just need to sit tight? Assume it will be farmed out to their solicitors to deal then but not sure.

 

If I am supposed to make contact, does this have to be by paper mail or can it be online via e-mail?

 

Urgent advice would be greatly appreciated.

 

Jazzi

[ODC]

Personally I would ignore them. There is nothing they can do.