UK debt being Chased in Australia

[WA_Newman]

greeno,

 

Essentially, Pie & Beer no longer want to be a member of FOS probably because FOS is pressing Pie & Beer for compliance with NPP and the Privacy Act.

 

If you have a complaint already with the FOS there should be no difference.

 

However, Pie & Beer have only paid lip service to FOS and requests for documentation so don't expect Pie & Beer to rush to meet their legal obligations.

 

FOS aren't in a position to shut down Pie & Beer, but ASIC can. The new National Credit Protection Act gives ASIC increased powers to shut down criminal organisations such as Pie & Beer.

 

Just let ASIC know each time Pie & Beer break the law. It wont do any harm to get your Federal MP to put pressure on ASIC each time Pie & Beer break the law. It wil be interesting to see the result of Pie & Beer's application for registration with ASIC as a credit provider.

[greeno]

Pie and Beer and the phone today, they were offering me a 'great deal' if I accepted before the end of Jan. They would cut the amount they claim I owe by 50% if I agreed (in writing) to pay it. She seemed very surprised when I said no thanks.

[ODC]

Obviously the penny hasnt dropped with the telephone threat monkeys

[expatdebtor]

Got letter from FOS today saying Pie and Beer still members of FOS for a year and despite their recent letter from Balls legal, there can be no action against any who have complained until it is resolved. Let the games begin... hope Greeno they didn't phone you whilst in dispute???

[Taormina]

Hi there,

 

I have been following this thread with interest, I am in NZ. We have recently recieved a letter (see below) pertaining to one of our accounts. I need to know, if they can transfer this or only employ a local DCA to phone us up and pester us. from what I am reading here and read on the data protection act, I understand there is a chance that they are not allowed to do this. There is no CCJ or anything else. Empty threat or major problem?

 

I would apprecite some advice even if its a pointer in the right direction.

 

Letter from CCA below;

 

Dear X

 

FINAL NOTICE

 

You are advised that Annoying international company are preparing the above account for transfer to our legal representatives in your country. Tha additional costs involved with this process will increase the above outstanding balance.

 

In order to prevent this, you need to contact us on the telephone number below IMMEDIATLEY.

 

Yours Sincerely

[greeno]

hope Greeno they didn't phone you whilst in dispute???

 

I've not lodged a dispute with the FOS yet, happy to do so though. I'll dig around for some details on how to do it.

 

What did you complain about specifically (there's so much to choose from!)

[cerberusalert]

This lot sound like a set of Bushwackers, who do they think they are... a modern day Ned Kelly? Look what happened to him when he thought he was 'bullet proof'.

[ozdebt]

Essentially, Pie & Beer no longer want to be a member of FOS probably because FOS is pressing Pie & Beer for compliance with NPP and the Privacy Act.

 

Hi all.. just got back from holidays.. the saga continues I see!

 

Just on FOS - they wouldn't be pushing P&B about privacy per se - it's not their concern. It's more likely that P&B has moved to withdraw from FOS because the complaints (as seen by P&B) are without merit, and simply putting barriers up for their collection activities.

 

That said, I think the complaints are entirely with merit. P&B obviously don't.

 

I wonder what action the PC will take once they all get back from their holidays...

[expatdebtor]

Hi Taormina

Don't have any knowledge of NZ law but from what we have been working on (given that all our alleged debts are UK based)... unless CCJ issued when resident in UK -ABSOLUTELY NOTHING CAN BE DONE to recover your alleged debt... just a matter of telling the DCA in no uncertain terms so they leave you alone.... that seems easier said than done!! Good luck!

 

ps. CCA is a credit card agreement assuming that is typo?

[expatdebtor]

Greeno... go back to post 365 from WA Newman (current Pie and Beer fighting legend!) and follow his instructions... I literally copied from the post... and emailed my complaint... took less than ten mins and stops all action from Pie and Beer until resolved! Will be back to post email address... give me ten...

[expatdebtor]

[email protected].... may the force be with you!!

[babybear39]

When is the force ever with us (she says in a 'Marvin' voice) roflmfao

[expatdebtor]

Having too much fun.... thought i was supposed to be suffering at the hands of this DCA... instead entertained entirely! My argument for stress waning a little...

[babybear39]

Behave You're on a brit forum now

 

We do NOT enterain

[babybear39]

Unless you go to the Bear Garden

[expatdebtor]

Just opened a letter from our friends at Pie and beer, despite me requesting original CCA and all relevant docs they have posted their screen notes... a very amusing read! apparently it took 3 seperate staff and 9 months to find us... when we haven't moved in 6 years!! a quick flick through the phone book on line would have done it!! (talk about hard of learning!!) Anyway, today is 30 days from FOS for the onus on them to resolve situation, needless to say tommorrow I will be formalising our complaint and passing to ASIC... they haven't done a single thing I asked! That takes effort!

[greeno]

expatdebtor, nice to know they're consistent in the level of service. I waited 3 months for a dodgy photocopy of a single page of a statement. My FOS complaint went in today can't wait to see what they do about it, but I have a feeling that waiting is exactly what I will be doing, for quite some time.

[WA_Newman]

Hi Taormina,

 

If the company that wrote to you is UK-based they COULD be in breach of the data protection act if they send your personal data to New Zealand. It may be worth writing back to remind them of the DPA. CC the letter to the company's data compliance officer and the data protection commissioner (someone on here can give you the address).

 

The letter says their "legal representatives" which may get around the DPA. Although debt collectors are not often legal representatives.

 

If there is no CCJ in the UK there is nothing to transfer collection to a NZ court. Any action would need to be taken in a NZ court. However, UK credit cards are covered under the CCA 1974 which states all actions in Magistrates Court of England & Wales. UK courts will not hear any case against you as you are now non-UK resident and unable to defend the case (being overseas). If you have been non-UK resident for over 3 years (I think) you can't be made bankrupt in the UK. Get the idea?

 

The debt still exists but it can't be enforced unless you move back to the UK. If you don't make a payment for 6 years, or acknowledge the debt in writing, or have a court judgement issued against you in this 6 years the debt becomes statute barred and will forever be unenforeable, even though the debt still exists.

 

The only hope they have is if you move back to the UK, if they can convince a NZ court to overide 200 years of statute and case law, or if you send them a cheque.

 

This is general advice NOT legal advice. See a local lawyer for specific legal advice. Hopefully it helps.

 

 

 

Hi there,

 

I have been following this thread with interest, I am in NZ. We have recently recieved a letter (see below) pertaining to one of our accounts. I need to know, if they can transfer this or only employ a local DCA to phone us up and pester us. from what I am reading here and read on the data protection act, I understand there is a chance that they are not allowed to do this. There is no CCJ or anything else. Empty threat or major problem?

 

I would apprecite some advice even if its a pointer in the right direction.

 

Letter from CCA below;

 

Dear X

 

FINAL NOTICE

 

You are advised that Annoying international company are preparing the above account for transfer to our legal representatives in your country. Tha additional costs involved with this process will increase the above outstanding balance.

 

In order to prevent this, you need to contact us on the telephone number below IMMEDIATLEY.

 

Yours Sincerely

[erinamanda]

Hi there

Hoping for some help. I've been living in oz for nearly 3 years and stopped paying a rbs loan 18 months ago. I've had a phonecall out of the blue the other day from debt collection asking me what my proposal was. I said i was unaware what they were talking about and the person said they would send me out information. What will i do?

grateful for any assistance here

[WA_Newman]

The first step is to wait for the information they send you.

 

If they contact you again before they send the information, simply reply that you have no idea what they are talking about and that they had previously promised to send you information which has not been received. Finish the conversation by politely asking them not to contact you again until after they have sent out the information as promised.

 

Your following step depends on what is sent out (if anything).

[Taormina]

Thanks Newman, I apprecite your reply, sets the mind at rest. Good luck and well done on your hard work on here - I am most impressed

[erinamanda]

Thanks for that newman, i'll wait to see what is sent

 

cheers

[elizabeth1]

Thx Guy's and Gals for the advice so far.

 

I'm sure a few more off us will turn up soon, and appreciate all the help so far.

 

I know it's a curly one and have asked the site owners to peruse and provide some advice if possible.

 

Any advice is greatly appreciated.

 

Bodgit

 

 

Is there a link you can post up to link us to the Australian regulations/laws on debt collection from consumers? Maybe if some of us have a look through to see how Aus regs differ to our would be a useful point to begin with?

 

I would think that once a UK debt becomes statute barred it's done with and these companies can't go on chasing it in another country - let alone bring it back to life with a new lifespan as in your Aus 5 year life thing.

 

It's very interesting how they've had the nerve to do this.

 

My initial thoughts are that these debts would predominantly be "UK" debts and they can't just rebirth into a new country and get a new life like these companies trying to do.

 

I'll watch this with great interest as it's a lousy cheek from these companies - seems they'll stop at nothing?

[thebrickie]

hi guys

recieved something that resembles a CCa today from Pie & Beer, funny how it turned up the same day as the deadline fos gave them to send info to them, it quiet clearly states that it is regulated by the consumer credit act 1974, which i believe is only able to be heard in a court in england or wales, no CCJ has ever been issued, can anyone confirm this, let you know what response fos come back with as soon as pos

[erinamanda]

Hi

 

I've now been contacted by N"ML which appear to be an international DCA. They phoned my house looking for me and were told I wasn't there and the phone was put down. They mentioned a previous address that I occupied here in Australia over 2 years ago so looks like they're trying to trace me. Can this agency list any debt concerns which can effect my credit rating in Australia? I'm freaking as I applied for a homeloan the other day

 

Any advice regarding this would be great.

 

Anyone else heard from N"ML?

Edited January 12, 2010 by erinamanda
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