UK debt being Chased in Australia

[Horrid_Henry_123]

Way too long a thread to read though it all tonight and actually take most of it in. Can anyone do a summary in fairly simple terms? No idea what my UK debts are doing, not working so can't even think about going back onto debt repayment plan.

I read about getting a PO box in Aus and getting mail sent there, all my mail goes to my old UK address, have just dumped it all. No notes on who I owed money to etc. Advice anyone?

[ozzyboy]

Knowledge is power my horrid friend.

 

Make time to read the thread and you'll understand far more than may be gleaned from a simple summary.

 

Many, many people have taken the time to add to this fairly unique source of information - the least you can do is spare an hour or so to learn from our shared experience.

[skippycreditdownunder]

ok pie and beer have come back to a few of our learned crew with a document entitled advice for customers...

 

this is clearly a document intended to incite doubt and confusion in the mind of the reader, not present a coherent legal argument. it is full of flaws and contradiction, and like all correspondence to date is one sided propaganda.

 

their supposed independant legal counsel is actually a director of pie and beer.... if you don't believe me check out the company listing!

 

on the jurisdiction argument the idiot even quotes the wrong section of the cca.... once again pure professionalism......

 

 

they are also silent on the poorly written gagging document they were asking people to sign in return for their debts being wiped...

 

plus in their 10 page verbatious response they dare to question my integrity. how can a 3rd tier parasitical organisation have the standing to question anyone's integrity.

 

ive been fairly level headed about this up to now, but now i just want a fight! perhaps mr singa confused songa, mr small john thomas on mr pooh colour would like to call me and explain?

[skippycreditdownunder]

"having received .... a letter from my AU credit card company suspending my card because of an "issue on my credit file" (or similar language)."

 

Hey greeno,

 

I'm sure you wouldn't mind posting a copy of this letter would you?

 

No personal details of course...just that it sounds a little off track for a CC company to unilaterally "suspend" your account on the basis of an unrelated entry on your credit file even although you aren't in arrears / dispute / default with them.

 

Are you saying that they're asking you to continue paying your balance plus any ongoing interest etc but have withdrawn all your rights and privileges as a card holder? Surely that would verge on a breach of contract?

 

I could understand a CC company refusing to create a new account because of this - but to freeze an existing client's account for an alleged issue with a rival company's card?

 

Hmmmm?

ozzy, just catching up mate on posts, this has happened to me and bodgit too... i don't think it's that irregular

[ozzyboy]

Hi Skippy,

 

I think that one was sorted out a while ago via a few PMs between Greeno and myself. At the time, it was just surpring that a CC company would just suspend an existing and perfectly healthy account based on feedback from another company.

 

Just a minor detail in the ongoing P & B saga. Surely they can't seriously be still trying to say that the UK's CCA gives them any legal standing over here?

 

Mind you, like rats drowning in a barrel, they've nothing to lose. (Sincere apologies to any rat lovers for comparing these wonderfully clean, hard working and intelligent creatures to anyone from P & B)

[ODC]

It seems to me that these clowns have dug themselves into a hole and instead of digging out of it they are digging deeper and deeper. Hopefully they will dig themselves into HELL because it wont be full until all DCAs are in it:D

[Taormina]

Hi was there any updates with what was happening? Thanks very much

[hadta go]

guys sorry to bother you, ive read through this thread and countless others for information regarding overseas debt. i emigrated to oz from scotland in aug 2005, and returned in aug 2006. i have recentley been contacted by phone by a uk solicitor acting on behalf of a oz dca, threatening legal action over an oustanding cc balance. im basically looking for some advice. can they do anything? they do not know where i live, but they are getting close!!! any information or help would be much appreciated

[greeno]

Things have been a bit quiet on the forums, but doesn't mean things haven't been happening.

 

Looks like Pie and Beer and trying to get everyone who has a FOS complaint lodged to drop the complaint in exchange for P&B dropping all action.

 

Interesting change of direction for them.

[Taormina]

So are you going to drop the action or carry on with complaints? Looks like they are worried though!!

[cornflakegirl]

Sorry I haven't been on here for a while - for some reason my access was blocked for several months (something to do with Chinese autobots??? ) P&B (via the Financial Ombudsman's office) have offered me a paltry sum of money to drop my FOS case and advise ASIC & the Privacy Commissioner my complaints have been settled. My debt was stat-barred before they even began contacting me and I'm not really out of pocket (aside from a few registered mail letters) as they never managed to get a cent from me. It's never been about the money for me, just want to ensure no-one else goes through the stress they put me through for an alleged 300 quid debt (of which they never provided any evidence!). They must be worried though, which is encouraging!

[ozzyboy]

Welcome back cornflakegirl.

 

I had exactly the same problem with being locked out of the site a few months ago and it's really annoying being mistakenly ID'd as a Chinese spammer!

 

Are you going to take P & B's offer... or see if they up their bid?

[cornflakegirl]

I doubt they'll up their bid (another of the PFF has already been denied this request) so I've asked FOS for a copy of the actual agreement they want me to sign. I'll make my decision once I've read it - can't wait to see what they come up with!!

[218bhp]

This thread has been a very interesting read but it seems to have a bit quiet after such a frantic first few weeks back in 2009.

 

So whats the latest news from the campaigners down-under?

[refusenik]

Yes, it'd be interesting to hear how people are getting along. My friend lives in Aus as a debt fugitive and is waiting the 6 years (I think it's 6) for them to become statute barred.

 

Good luck guys - may you stay out of the hands of dirty credit chasing minions!

[CBeach]

Hi all, can I say I have ready through the entire topic and have been enthused at the actions of some of you - great work!

 

I, and the last few poster's have noticed, there has been a recent lack of correspondence/information since the distributed settlement letters from the so called DCA.

 

I respect that as part of your agreement you may have consented to cease such discussions regarding this organisation, which I understand; as a result my question is in relation to the law's themselves - or clarity of them - nothing to do with any specific DCA.

 

I appreciate that under the UK CCA1974 that the debt is only enforceable in the county court (of England and Wales ); there is also stipulations regarding the recovery of statue-barred debt (no question this can not be 're-listed' and pursued), although what if the debt is within the 6 year period and you have been approached by an Aus DCA for a UK debt?

 

I am an AU citizen and returned to Aus (approx 3 years ago) after doing a working holiday (WHV) and have just been contacted by an Australian DCA regarding debt in the UK. I have not disclosed any personal information or acknowledged any debt to them (still amused where they got my mobile number from actually!). I appreciate that I should follow the previously directed actions (letter of request for all information, 30 day wait, log complaint etc etc - see topic reply by Bodgit #454 or WA_Newman topic reply #365)

 

Although as my debt is within 6 years (not statue-barred) - do I have a case to answer under Aus (specifically NSW) law, and what actions should I take? The same as those referred too in Bodgit's and WA_Newman's response's)?

 

I appreciate this might be a quick - 'no case as per the previously mentioned', although just wanted to make sure that the actions taken by others hadn't been purely just bcs the statue-barr status of the debt but was applicable to more recent debt also.

 

Thanks

[ozzyboy]

Hi there CBeach

 

Nope - you needn't lose sleep over this one.

 

The main difference between your situation and the P & B fiasco is that the debts in that case had already been flogged off to an overseas DCA - first to one in Canada who presumably realised they'd been sold a pig in a poke and finally assigned to our friends in Australia. Some of these alleged debts were SB'd. others were not.

 

Your debt is almost certainly still in the UK but has been passed on to some Aussie DCA to chance their arm. Standard practice so they'll try it on for a few months and then give it up as a bad job.

 

They have your mobile number but no address? I would just ignore them - if you don't talk to them or refuse to identify yourself if they call you again, the conversation stops right there!

 

I had an Aussie DCA try it on with me too - They sent me three letters, each one a carbon copy of the others and all a year apart! They called a couple of times and the poor chap was absolutely desperate to prove that he knew he was speaking to the right person. I felt quite sorry for him when I wouldn't play nicely and give him my full name or DOB.

[CBeach]

Hi there CBeach

 

Nope - you needn't lose sleep over this one.

 

The main difference between your situation and the P & B fiasco is that the debts in that case had already been flogged off to an overseas DCA - first to one in Canada who presumably realised they'd been sold a pig in a poke and finally assigned to our friends in Australia. Some of these alleged debts were SB'd. others were not.

 

Your debt is almost certainly still in the UK but has been passed on to some Aussie DCA to chance their arm. Standard practice so they'll try it on for a few months and then give it up as a bad job.

 

They have your mobile number but no address? I would just ignore them - if you don't talk to them or refuse to identify yourself if they call you again, the conversation stops right there!

 

I had an Aussie DCA try it on with me too - They sent me three letters, each one a carbon copy of the others and all a year apart! They called a couple of times and the poor chap was absolutely desperate to prove that he knew he was speaking to the right person. I felt quite sorry for him when I wouldn't play nicely and give him my full name or DOB.

 

Cheers ozzyboy - much appreciated:-)

[thebrickie]

Ozzy boy

 

You were absolutly correct in all the previous posts even on the other forums, my case wasnt stat barred and it was dropped, they were virtually begging to drop all complaints, the way the ombudsman went was they have no juristiction to make a ruling, if they have no juristiction neither do the DCA, i believe that the DCA in question were quite a bit out of pocket if you get my drift (dont want to spell it out on here lol just in case they are still monitering hahahha, good luck to all :wink::wink:8)

[WA_Newman]

CBeach and others,

 

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 defendent 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 defendents being ignorant of their rights. Thanks to the CAG 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.

[ozzyboy]

Congratulations on a job well done!

[docker1]

great to read your great story, well done guys. I'm been chased from australia to here in the uk, creditcorp hae enlisted the help of their good friends stevensdrake solictors and they have started court proceddings against me, I am fighting this all the way stating they are acting out of juristaction. I have contacted the ASIC in australia, Is there any advice you could give me?? Would be greatly appriciated.

Docker1

[hantheeater]

Hi, I was living in the UK as a student for 3years since2006, I then left the UK in 2009 with an outstanding credit card bills of1000GBP. but im going back to UK for a short vacation next week and im worriedabout being rejected to enter the country or errested in the airport. would this happen to me? I heard that owingmoney to the bank is not crime but breach of a court order is. if the bank didget an court order out on me, would I be arrested at the airport or deported?

I will be staying in the UK for only 3days, should i callthe UK immigration see whether there is any record of me breaching the courtorder before I depart?

Please help me Im so worry.

[cerberusalert]

would I be arrested at the airport or deported?

 

No it is a civil matter not a criminal one.

[hadta go]

great to read your great story, well done guys. I'm been chased from australia to here in the uk, creditcorp hae enlisted the help of their good friends stevensdrake solictors and they have started court proceddings against me, I am fighting this all the way stating they are acting out of juristaction. I have contacted the ASIC in australia, Is there any advice you could give me?? Would be greatly appriciated.

Docker1

 

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