UK debt being Chased in Australia

[expatdebtor]

followed your advice only to find DCA in question have listed the default on VEDA... holy c**p! now what? Seems strange that they were able to do so only a week after application for new credit online? could they have accessed VEDA to find out about us!!!??? Is that legal!!???

[Bodgit]

Expat Have PM'd you.

 

First complain to VEDA the email address is [email protected].

 

then complain to the Privacy Commissioner for breaches of the Privacy Act.

 

Specifically sections

 

18R False or misleading credit reports

(1) A credit reporting agency or credit provider must not give to any other person or body (whether or not the other person or body is a credit reporting agency or credit provider) a credit report that contains false or misleading information.

(2) A credit reporting agency or credit provider that knowingly or recklessly contravenes subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding $75,000.

 

18S Unauthorised access to credit information files or credit reports

(1) A person must not obtain access to an individual's credit information file in the possession or control of a credit reporting agency unless the access is authorised by this Act.

(2) A person must not obtain access to a credit report in the possession or control of a credit provider or credit reporting agency unless:

(a) the person is given the report in accordance with this Act; or

(b) the access is otherwise authorised by this Act.

(3) A person who knowingly or recklessly contravenes this section is guilty of an offence punishable, on conviction, by a fine not exceeding $30,000.

 

18T Obtaining access to credit information files or credit reports by false pretences

(1) A person must not, by a false pretence, obtain access to an individual's credit information file in the possession or control of a credit reporting agency.

Penalty: $30,000.

(2) A person must not, by a false pretence, obtain access to a credit report in the possession or control of a credit provider or credit reporting agency.

Penalty: $30,000.

 

As there is no credit agreement that meets the Uniformed Credit Code of Australia there is no legal way to access your file and therefore they have breached the above. This was ratified by my Legal Aid solictors.

 

I have confirmation today that both ASIC and The Privacy Commissioner are now formally investigating Plonkers Credit for breaches of both the credit codes and the privacy act.

 

The more people complain the more likely a better outcome for us all.

 

Bodgit

Edited October 27, 2009 by Bodgit

[cerberusalert]

Thread made into a 'Sticky' at http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221573-debt-being-chased-australia-7.html

[cerberusalert]

Some useful links provided by ukaviator

 

This is the The Reciprocal Enforcement of Foreign Judgments (Australia) Order 1994

This is used in conjunction with the Foreign Judgments (Reciprocal Enforcement) Act 1933

 

The Reciprocal Enforcement of Foreign Judgments (Australia) Order 1994

 

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1933/cukpga_19330013_en_1

 

These links may help:

 

Consumer Credit Code

 

Uniform Consumer Credit Code

 

Veda Advantage (you can order your own credit file from here)

 

My Credit File - Veda Advantage

 

Privacy Act 1988

 

PRIVACY ACT 1988

Edited October 28, 2009 by cerberusalert
new info added

[082stewie]

Subbed into this

[Bodgit]

Cerberus, thx for turning it into a stickie and the extra info. would seem Plonkers are trying it on with an awful lot of people over here at the moment, and this information could help tremendously.

 

The Reciprocal Enforcement of Foreign Judgments (Australia) Order 1994 only comes into play if you have a CCJ against you in the UK. If you haven't a CCJ then there is no legal avenue to persue the debt in Australia.

 

If they have gained a CCJ in UK whilst the OC knew you were out of the UK you can apply to have that overturned as you did not have the opportunity to defend yourself at court. A few people have done this recently on the Expat Forums. http://www.expatfocus.com/index.php?name=Forums&file=viewtopic&t=18958&postdays=0&postorder=asc&start=0

 

Bodgit

Edited October 28, 2009 by Bodgit

[Taormina]

Subscribing - we are struggling in NZ to keep up with things and wonder if this is the way its going to go down here. So we are watching with interest!

[expatdebtor]

Hoping the reason I havent heard from anyone is because you all had a great worry free weekend! Thanks Ozzyboy for your reassurances... nearly had a worry free weekend myself!

[cornflakegirl]

Just an update on my situation - I sent a very strongly worded fax to Plonkers last week, as their phone monkey kept harassing me at work and, as a final straw, threatened a summons if I didn't call her immediately.

 

I think the fax must've coincided with the fallout from the Veda meeting - because, as if by magic, I then got a letter in the post from their "compliance manager" apologising for the inconvenience - it appears my "debt" WAS statute-barred all along (it's over 7 years old!) and they have removed the listing from my credit file. I also received an email from Veda shortly afterwards confirming this. ASIC are investigating for me & I now need to send off complaints to the Privacy Commissioner and the Legal Complaints Committee (for the Round Ball Legal company's unprofessional & unethical behaviour)

 

I believe the house of cards is falling, my friends

[cerberusalert]

It seems as if the brown stuff is beginning to hit the fan. If they trashed your credit file are you considering claiming compensation?

[Bodgit]

I take it one or two unapproved applications due to an illegal listing could cause them a largish payout for compo....

 

A few of us have already had our present credit reduced because of this listing. And as yet no word from the CRA. the investiagtion has taken 60 days so far....they are only supposed to take 30 days!!!!

 

As pointed out on numerous occasions the CCCA and CRA code does not let them list an overseas debt and the fact that they have restarted the clock on the default indicates to me that the law has been breached.

 

Hopefully ASIC and the Privacy Commisioner will have there day soon...

 

Bodgit

[cerberusalert]

In similar circumstances here in the UK where incorrect information has been entered onto a credit file compensation of £1k per default has been made, but there was a case in Scotland where it ran into many thousands.

[expatdebtor]

Go PFF... eagerly awaiting my apology from them... still nervous tho...

[cornflakegirl]

Not sure about the claiming compo thing in Australia - there doesn't seem to be any hard & fast rules such as in the UK. Anyone aware of any previous Australian cases that might be relevant?

[cerberusalert]

It may be worthwhile looking at the libel angle because in effect they have entered unlawful information on credit files & have damaged your credit ratings therefore libeling/slandering you.

[ozzyboy]

Hi guys,

 

Not wishing to put the cart before the horse...but once this whole thing reaches a satisfactory conclusion, it seems that the defamation angle is the only legal avenue that can be followed. Possibly a class action by all those affected would save on legal fees.

 

If ACCC, ASIC and the Office of the Privacy Commissioner all come down as hard on these guys as expected, then the case shouldn't be too hard to win but it will cost $$$ to get through court.

 

It may also be tricky putting a $ value on exactly what past and future financial losses have been caused as a result of the trashing of your credit file.

 

Of course, if Pee in Here and their orbital friends can read the writing in the wall (assuming its written in crayon) they may decide to settle before it even gets that far. All depends on what they have left to lose I guess....

[vint1954]

Hi guys,

 

Not wishing to put the cart before the horse...but once this whole thing reaches a satisfactory conclusion, it seems that the defamation angle is the only legal avenue that can be followed. Possibly a class action by all those affected would save on legal fees.

 

If ACCC, ASIC and the Office of the Privacy Commissioner all come down as hard on these guys as expected, then the case shouldn't be too hard to win but it will cost $$$ to get through court.

 

It may also be tricky putting a $ value on exactly what past and future financial losses have been caused as a result of the trashing of your credit file.

 

One case in the uk, Durkin v HFC, the Judge got up to £116,000.00 due to the fact that Durkin was unable to obtain cheaper mortgages and loans. Durkin had only asked for £8k and he got it, but the Judge indicated that it could have been a lot more.

 

Of course, if Pee in Here and their orbital friends can read the writing in the wall (assuming its written in crayon) they may decide to settle before it even gets that far. All depends on what they have left to lose I guess....

Will they not get fined by your Government bodies.

[ozzyboy]

Oh they'll get fined all right...but I think the PFF are after compensation as well.

[cashins]

One case in the uk, Durkin v HFC, the Judge got up to £116,000.00 due to the fact that Durkin was unable to obtain cheaper mortgages and loans. Durkin had only asked for £8k and he got it, but the Judge indicated that it could have been a lot more.

 

 

You may recall a UK case being mentioned where £1000 was awarded.

 

That case was actually quite important as it set a 'going rate' in that, up until that point the law assumed that a private individual did not as such have a credit reputation to be damaged. What this meant was you would have to demonstrate actual loss, (as in Durkin).

 

The judge in the case in question ruled that a private person did have a reputation to be damaged and awarded a £1000 damages in the lack of a specific claim.

 

David

[emitherme]

May or may not be of use to fellow Caggers on here, but I was also in same situation, one of the Larger UK Banks issued a CCJ knowing that I was living in Australia - Even though I was making payments.

 

I defended it in the UK Courts, and have just heard that the case has now been Struck Out, as the claimant (**** Bank) did not comply with Allocation questionaire, even though they were given an additional 3 Months to respond (and they would have had to pay GBP 250 also).

 

Court confirm that that is a Final Decision and the case will not be taken further.....!!!

 

Now whether or not **** Bank sell to a Overseas DCA with no CCJ in place that is another thing.......

 

Guess it is time that I stopped the payments I was making as an honest citizen !!

[42man]

I am also adding this link as it might be useful - this concerns an American Bank who I think securitised their debts in Ireland.....a UK based DCA, attempted to collect on these debts, but couldnt as they were securitised in another country..... - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case-2.html#post2384353

[skippycreditdownunder]

i'm another one who this company is chasing... my credit rating trashed by them too.... I've heard from the cra that they are likely to permit the negative listings.... not good news!

the cra is taking an (over?) simplistic approach saying that the debt has been assigned to an australian company so they then have the right to persue under australian law...

 

i have cab type free solicitor looking into it, have complained to privacy commissioner although they seem like toothless tigers, and have sent info off to a private solicitor for a fee quote on taking case on board....

 

anyone interested in joining me in class action pls let me know...

 

bodgit, we've already spoken today....

 

cheers

 

jon

[summer2004]

I HAVE HAD 2 LETTERS threatening legal action from the company concerning a debt in the UK, I have not responded in any way shape or form. But today i get copy stmts dating back to 2006 , the header letter, states that they are enclosing stmts theat I have requested for MY account,. I have had no correspondance with these guys......... what do you think I should do?

[ozzyboy]

Assuming "the company" is the same one that is currently being investigated, my advice would be to continue to completely ignore them.

 

Sounds like they're on a fishing trip and sending these unsolicited statements in the hope that you'll respond.

 

Have you checked your credit report...just in case?

[expatdebtor]

Definitely check your VEDA file... they are posting illegal credit reports left right and centre!!