UK debt being Chased in Australia

[cerberusalert]

Hi, im interested to find out how this ended, if indeed it has. I had the same issue as yourself, ive had the usual threatening phonecalls both stevensdrake and creditcorp, the creditcorp guy in particular became increasingly frustrated by my lack of co operation. Anyway, my debt hasnt been acknowledged by myself in any way for 5 years now, i guess its too late for them?

Please let me know how you got on

 

 

See; http://www.consumeractiongroup.co.uk/forum/showthread.php?298927-stevensdrake-just-sent-court-claim

[spookstar]

Anyone know where it is possible to get a written version of this court decision against Pie and Beer? Might be very useful in future arguments with other DCA's

 

Thanks

[WA_Newman]

spookstar,

 

Pie and Beer commenced numerous court actions. Some people settled, some fought. The one's that fought won. The Financial Ombudsman Service, which Pie and Beer were a member of, dealt with these cases, including negotiating compensation for Pie and Beer's victims.

 

Pie and Beer were not entitled to seek court enforcement of a contract covered by the UK CCA. It is also an offence under Australian Law for a DCA to threaten action that they are not entitled to take. ASIC is supposed to be tightening up it's licensing of DCAs so hopefully this will never happen again.

 

CAG appears in many google searches for "UK Debt in Australia" and similar phrases so hopefully Australian DCAs have got the message.

[jgoldberg7070]

Can someone please advise what happened with this?

 

I have accumulated a large debt from credit cards in the UK, and have now left the UK and returned to my country of residence (outside of the EU).

 

I have a debt (approx. £15,000) with a well known credit card lender which has now been handed over to AIC who have just started calling my place of employment in the new country of residence.

[unclebulgaria67]

Can someone please advise what happened with this?

 

I have accumulated a large debt from credit cards in the UK, and have now left the UK and returned to my country of residence (outside of the EU).

 

I have a debt (approx. £15,000) with a well known credit card lender which has now been handed over to AIC who have just started calling my place of employment in the new country of residence.

 

You have posted to a thread about UK debt enforcement in Australia, when you don't appear to be resident there.

 

As you live outside of the EU, unless the country you are resident has an agreement with the UK, it is unlikely AIC will ever be able to do anything, apart from cause you temporary embarrasment by phoning your work place. It is against the UK OFT rules for debt companies to phone work places, so you could complain.

 

In your situation, if you are not planning on moving back to the UK, then you could just ignore. It is very unlikely that any debt company would try to enforce in your new country of residence, even if they did have a UK court judgement (CCJ). If there is a CCJ, given the amount of debt, they might try to ask the court in your country to enforce the debt. But this is not always that straightforward. You can check for any UK CCJ on this site. ( http://www.trustonline.org.uk/ )

 

The other option open to UK creditors, is to make you bankrupt in your absense. If they were to go to the expense of doing this, they could apply to the courts where you live, to go after any assets you own, where you live. If you have any UK assets, the official receiver appointed by the UK courts would also go after any UK assets.

 

So it depends on what assets you have and what you want to do. If you don't have any assets at risk, then you might ignore. If you have assets at risk or don't want to take the risk of CCJ/bankruptcy enforcement where you are resident, then you might want to come to some form of repayment arrangement. The choice is yours.

[cerberusalert]

Can someone please advise what happened with this?

 

I have accumulated a large debt from credit cards in the UK, and have now left the UK and returned to my country of residence (outside of the EU).

 

I have a debt (approx. £15,000) with a well known credit card lender which has now been handed over to AIC who have just started calling my place of employment in the new country of residence.

 

 

See; http://www.consumeractiongroup.co.uk/forum/showthread.php?304615-It-is-now-apparent-that-it-will-be-practically-impossible-to-enforce-a-UK-debt-in-Oz(1-Viewing)-nbsp

[BrotherMouzone]

Hello there,

 

Thank you for an informative thread, I found this by luck on a google search one day.

 

I have a credit agency in Aus 'pie n beer' who in 2009 decided to add a 'Outstanding' entry to 'Consumer Overdue Accounts' entry on my veda advantage credit file.

 

When I phoned them back in 2009 they said the alleged debt related back to UK bank overdraft with a high street UK bank, I panicked and never phoned them back and moved house, and had to get mobile phones, internet etc in my partners name.

 

As mentioned it's been impossible for me to even get a mobile phone in Australia and has caused considerable ball ache, what are my options with this as when I phoned and the best method of attack.

 

I'd like to be able to claim some compensation for the hassle and stress they've caused me over the past two years, and also get the crap removed off my credit file.

 

Do I need to contact them first and get their request in writing, I'm a bit wary of giving them my address as I don't want them hassling me or my partner, nor do I want them finding out my work and phoning that up.

 

Would it be possible for someone to PM me any letter templates that people have used successfully in the passed, as I'm dyslexic and have real problems composing decent coherent formal letters.

 

Thanks

[unclebulgaria67]

Contact the credit reference agencies in OZ and they will tell you how you can get the entry removed. There will be a Data Protection procedure, which may mean you have to make a complaint to the relevant body or go to court to seek the relevant remedy including compensation.

 

Found this on another thread.

 

 

It's been quite the battle, and some of us have had more fun than others, but Pie & Beer have been soundly thrashed. All cases have been dropped; the Privacy Commissioner has refereed all its cases to ASIC who are investigating these fraudsters. Some of us are still finalising our compensation claims against Pie & Beer, others have already settled and received our cheques.

 

Before all this started, nobody had tested whether UK credit agreements were still covered under CCA if the defendant was resident in Oz. Pie & Beer tried to claim that the debts were covered under Oz law. FAIL

 

it is safe to say that UK debts will not be enforced in an Australian Court. Pie & Beer tried this. FAIL

 

It is an offence under Australian Law for a creditor to threaten to take an action against a debtor that they are not entitled to take. If anyone is threatened by a DCA or creditor with court action for enforcement of a debt covered under UK CCA immediately file a written complaint with ASIC.

 

If anyone has paid money to a DCA, especially Pie & Beer, as a result of threats of legal action where the debt is covered by the UK CCA, file a complaint with ASIC.

 

Pie & Beer, along with other DCA rely on dependents being ignorant of their rights. Thanks to the XXX Forums, and others, ordinary people have come together to share knowledge and stand up to the thugs and conmen. Pie & Beer thought they could bully us but came away with a bloody nose (and a lighter wallet). The real damage will be inflicted by ASIC who now have enhanced powers to deal with rogue DCAs who choose to ignore the law.

[cerberusalert]

See also; http://www.consumeractiongroup.co.uk/forum/showthread.php?307717-Fair-Debt-Collection-Practices-In-Australia

[Snotface]

First can I say what a very informative forum this is.

 

 

Now after reading the previous it has made me realise what mess I'm in. I left the UK in 2008 with a massive amount of debt on the credit cards and un paid personal loans (45K). I had a property in the UK that was worth 200k when I bought it then two years later it was only worth 130k so left it for the bank to take care of it. I've been living down under for 6 years now and wondering wether to approach anyone back in the UK re the debt. I've been moving from state to state for the last few years and have decided to try and buy a property over here hence my concerns. So does anyone know how to approach this? Is it worth doing anything or best to keep my head down and hope it will all go away. No one in the UK knows where I am and never will as I have no ties there and won't be going back at all. Any thoughts would be greatly appreciated.

[sillygirl1]

In your case I would leave well alone, and the Statute of Limitations would soon apply, particularly as you have not paid any money to anyone for 6 years.

 

Let sleeping debts lie, if they want you they will come chasing.

[krios]

I've been moving from state to state for the last few years and have decided to try and buy a property over here hence my concerns.

Aus banks will not check a UK credit file if that's your concern?

 

I agree with sillygirl1 just move on with your life.

[Snotface]

Thankyou for replies, I'll take your advice and just keep quiet about everything.

[dx100uk]

please start a new thread

 

this thread is more than 12mts old

 

dx