UK debt being Chased in Australia

[dodgydebt]

Hi toto,

 

Its a little more complex than what it written here.

 

What is your situation? Feel free to PM me if you like but need to understand where you are at to help in anyway.

[dodgydebt]

All others. My PC and FOS complaints have now been escalated like your's have been. Awaiting P&B's response, this should be interesting. Soon I will be filing to have monies already paid to me returned as without proof you own the debt then you are no better than a thug on the street. Will keep you updated.

 

What ever happened to CV? Crawled under a rock or gotten a real job?

[greeno]

What ever happened to CV? Crawled under a rock or gotten a real job?

 

My money is on 'silent witness' from now on!

[Bodgit]

toto003

 

In response to your questions.

 

1. The fos in Australia is a voluntary scheme/code, and P&B have given notice that they wish to withdraw. (this takes 1 year ?)

 

Yes, P&B need to give at least 1 years notice to leave FOS. Although it is a voluntary Scheme/code you must give them notice that you wish to leave. This is especially true when you haven/t been a member for more than a year as in P&B’s case

 

2. Several Aussie CAGGERs have complained to the fos about the behaviour of P&B and gained a resolution largely due to pressure from the fos ?

 

FOS has not provided any undue pressure on P&B that would extend beyond their Terms of reference. P&B have not provided the relevant documentation etc to FOS to prove they have the legal jurisdiction and legal right to ask for payment of these alleged debts. No contracts, no assignment etc has been given to any person or FOS so far.

 

Juristiction is the key issue here as well. Even if all the legal requirements are met there is no way that P&B could or should list an alleged UK debt on credit files or try and take legal action in an Australian court when the UK CCA1974 is the governing law. You cannot change the terms and conditions of a contract during assignments.

 

3. What has been the outcome of queries raised about the defaults/negative info the P&B have made to credit reference agencies.

 

Veda has removed all P&B’s listings from it’s files. They have been told by the Privacy commissioner in december 2009 to do so, but they removed them last november with pressure from the PFF and the legal seagulls.

 

Veda are also a member of FOS and complaints should also be made in regards to their actions if they do list a default from an overseas debt.

 

I suspect that P&B will get worse with their badly behaved ways once they are free of the binding rulings that can be made by the fos.

 

They cannot get any worse than they already are. They have breached numerous ASIC, Privacy act and banking practices. All the agencies are looking into the dealings of P&B and as there are multiple breaches and the continued conduct of P&B will not be tolerated. It’s one thing to break a couple of regs / codes but to blatently continue to do so is one thing that ASIC et al will not accept.

 

4. For those that dont have the luxury of complaining to the fos in future, what are the best option(s) they can use to repel the attacks on themselves (and their credit files) against P&B

 

For the present time FOS is the agency to complain to. P&B may send letters to state they are no longer a member but it simply is not the case. Once you have a complaint in then they will follow up on it

 

Pioneer has applied to join the Credit Ombudsman Service Limited (COSL) instead of FOS. I don’t think they would be to happy to learn what their new applicant has been up to so far. I would think that the majority of P&B’s victims would be straight onto COSL to let them know what has been transpiring so far.

 

As for what you can do to repel P&B’s attacks here’s a short list. Please feel free PFF to ammend as required.....

 

1. Write to P&B for all documentation they have including the original contract, notice of assignment etc. This is also a requirement under the CCCA of Australia.

2. Check your credit files. If you have a listing made by P&B then place it into dispute with the CRA. Then complain to P&B.

3. After 30 days if you have not received a satisfactory response from P&B in regards to the lack of documentation or the CRA listing, then make your complaints to ASIC, Privacy Commissioner and FOS.

4. Send all relevant doc’s to the above agencies during your complaint.

5. Everything must be in writing. If you must email then make sure you keep them all safe and send them to the various agencies as well.

6. Do NOT get into telephone conversations. They are renowned for making threats etc on the phone. If you have a recorder then that is an acceptable way of catching them out. Just remember you need to tell them that it is being recorded to be acceptable as evidence.

7. Sit back and let the agencies do their thing, keep us all updated and help anyone else in the same situation.

Bodgit

Edited February 3, 2010 by Bodgit

[toto003]

Thanks Bodgit,

You have answered all of my Questions,

 

I have spent a lot of time reading up on the UK consumer credit legislation (and followed it with great interest). I even managed to find a small gap in the knowledge base, and posted a guide to fill it.

 

As an Australian that regularly returns home, I have been unable to find a comparable equivalent to CAG that has anything remotely like the wealth of information this site does.

 

I would very much like to explore the Aussie statutes and caselaw relating to defending against DCAs and financial institutions and hope that I can use this thread as a "springboard" for doing so.

 

suffice to say I also have a personal vested interest in exploring this area of law.

Edited February 4, 2010 by toto003

[WA_Newman]

toto003,

 

Bodgit is 100% spot on. The only thing I can add is that currently Pie & Beer are a member of FOS and COSL. Pie & Beer are trying to withdraw from FOS and have gone over to COSL because it has less teeth traditionally. I called Mark Wesker at COSL on 02 9273 8460 to let him know to expect complaints regarding their new member. He was most concerned that these crooks are trying to use COSL as a shelter from FOS, and was going to contact FOS for more details.

 

If anyone has a complaint about Pie & Beer they can complain to FOS or COSL, but not both. If legal action has aready started, the complaint has to be with FOS, as COSL will not consider a complaint already in litigation.

 

There are additional actions being taken to stop Pie & Beer and the independent legal firm, S****e L***l, that must remain confidential at present. Partly because we have someone inside helping us who we don't want to harm.

[cerberusalert]

Veda has removed all P&B’s listings from it’s files. They have been told by the Privacy commissioner in december 2009 to do so, but they removed them last november with pressure from the PFF and the Im an orange.

Bodgit isn't an orange folks he used the phrase 'legal e a g l e s' which is automatically changed by our software.

[WA_Newman]

I just thought Bodgit had been overdoing the fake tan cream.

[WA_Newman]

Here is an interesting artice from the Sydney Morning Herald from 20th Jan 2010.

 

The dark side of credit - Banking - Money - Business - Home - smh.com.au

 

Here is an extract:

 

Debt collectors should not do anything that intimidates, embarrasses, exhausts, demoralises or frightens the consumer or anyone they know, such as a family member or neighbour.

 

No private information can be disclosed to a third party by a debt collector unless they have the debtor's permission. A debt collector must verify the identity of the person with whom they are speaking before continuing any discussion about the debt.

 

Once the debt collector has established that the consumer is the right person, they should identify themselves and their employer as well as provide information about the debt.

 

If the person contacted in relation to a debt disputes their liability, the debt collector should cease activities while they investigate the matter.

 

It is misleading for a debt collector to state or imply that the debtor must prove they are not liable for the debt. In legal proceedings, proof of the debt lies with the person alleging the debt is owed to them.

It is a good idea to provide the debt collector with a formal, written denial of liability if the consumer feels that the debt has been wrongfully attributed to them. However it is not acceptable for the debt collector to demand this before investigating a disputed debt.

 

Any breach should be reported to ACCC and to ASIC.

 

Enjoy.

[cerberusalert]

It appears the the guidance in Oz is much the same given here by the OFT. http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[Bodgit]

I must admit the fake tan does make me look a bit orange.

 

Thanks for the info, will have to choose my words more carefully, I thought I used a legal type of dog and not a flying thing!!!

 

Ah well, I'm sure we'll will be hearing a bit more in the news soon about the exploits of P&B. Perhaps a stint with Big Bubba in the play pen might sort the GM et al out!!!

 

I like this bit from the paper though:

 

In the most extreme cases, it provides for fines of up to $1.1 million against companies and $220,000 against individuals if they are found by the courts to have harassed debtors.

 

Here's looking at you ASIC!!

[Bodgit]

toto003

 

My pleasure mate. Feel free to ask away if you require any further help.

 

Most of the links in the previous pages direct you to the relevant codes, but I am more than happy to send you them if you need them. Just so happens I have them downloaded for reference.

 

Bodgit

[ozzyboy]

I must admit the fake tan does make me look a bit orange

 

Nah - I blame it on too much time in the sun cooking all those sausages mate!

[Bodgit]

Ahhh Lincolnshire Sausages in the QLD summertime with a cold John Smiths by my side. What more could you ask for!!!

 

 

I'm trying to figure a way to get some down to you still in an edible condition.

[cerberusalert]

Thanks for the info, will have to choose my words more carefully, I thought I used a legal type of dog and not a flying thing!!!

You did, but I omitted the 'B' because I didn't want to turn orange.

[Bodgit]

Ah now it makes sense....anymore foibles I might need to know about

[msheridan69]

G'day bodgit,

 

I have an MBNA Ireland account that's 7 payments in arrears. I've been through the threaten calls and ignored CCA requests. Looks like MBNA are going to try to enforce an agreement with me too, even though their last letter to me stated that they didn't have a CCA for me and I must have applied over the phone.

 

I'll keep you posted of any updates. Good luck!

[Ari gold]

Hi guys, posted this in another thread and a very helpful chap sent me here, wonder if anyone can help:

 

Hi there, new to the forums, hope you can help.

 

My family and I emigrated to New Zealand last year, we sold our family home but still have 2 flats there, we bought them 3/4 years ago hoping they would be investments, they are highly mortgaged have no equity to release, ideally though we would like to hold on to them as they are the only real chance of us having a nest egg one day.

 

When we left we had about £14k worth of debt, £1k to dfs, and around £13 k spread over 3 credit cards.

 

We have been paying these debts last 9 months but the exchange rate is now making it very hard to keep on doing this.

 

I know I will get defaults on my credit score etc, but that wont affect me in new zealand, what i am most worried about is our two 'investments', will i be forced to sell these if the debts go to ccj? Can they be repossesed or charges put on them etc?

 

I know I should keep paying, but times are very very tight

 

Regards

[ozzyboy]

Hi and welcome to the thread...but I'm not really sure you've ended up in the right place as your debts aren't actually being chased by DCAs in Australia (or NZ) and the majority of knowledge on this thread is very specific to this topic.

 

That said, my first thoughts are that you certainly don't have to worry about CCJs / CAs as you aren't in the UK.

 

What I am unsure about, and which is why I think you had better get your question posted on a more relevant thread, is what actions your UK creditors can take to seize your UK property in your absence.

 

I would suspect that the only way they would be able to get their hands on them is if they made you bankrupt.

 

In theory they could do this as you've only been out of the country for a year. However, since there is no equity in either property, I'm very doubtful that they would bother for such relatively small debts as there's nothing to be gained by forcing you to sell them.

[Roary 61]

Hi All

 

Its good to be back, whent through a few weeks there where could not open the link to this site. Thought Pie & Beer had shut it down!!

 

Anyhow booming in loud and clear now.

 

My situation so far: Signed on with our favorite legal team in Perth. They are in process of forcing Pie and Beers hand after I sent my defence in against the writ... S*** or get of the pot kinda thing.

I have lodged the complaint with FOS so am now sitting back and waiting for it to kick off.

 

Nice to see everyone in PFF are still going strong.

[greeno]

Hey Roary, that's great news. Things have been pretty quick for the PFF (on here at least) in the past few weeks, I've been wondering what Pie and Beer have been up to.

 

I had my FOS case manager call me today saying that they were still waiting for P&B to respond to them. I guess no news is good news.

[ozzyboy]

Welcome back Roary - I know how it feels to be locked out!

Did you get mistaken for a Chinese spammer too?

[Roary 61]

Hi Oz

 

Not sure what happened, just would not load up link and when I tried from the original WEB site just came up saying site not found.

 

Thought I was on my own for a while there...

[Bodgit]

Roary,

 

You'll never be alone in this mate. If you need a catch up give me a call, haven't been up you're way for a while but maybe in the near future. I hope the beers are still cold!!!

[skippycreditdownunder]

All others. My PC and FOS complaints have now been escalated like your's have been. Awaiting P&B's response, this should be interesting. Soon I will be filing to have monies already paid to me returned as without proof you own the debt then you are no better than a thug on the street. Will keep you updated.

 

What ever happened to CV? Crawled under a rock or gotten a real job?

dodgy.... no cv but we are graced regularly by the upper eschelons of pie and beer....so im reliably informed and forewarned....

 

no one is quite sure who owns the pie though, not sure whether the meat is canadian or british but seems its definitely not aussie..... don't be put off by the cockroaches peddling them either, im sure they are only trying to make a dishonest quid...

 

unfortunately the beer is no good either.... too much hot air has warmed it even beyond a pom's pallete...

 

as for the indian ball jockey it turns out he owns part of the pie cart too...

 

naughty naughty asic is reading too....