UK debt being Chased in Australia

[3tea]

Bartasip,

 

I am in a similar position to expatdebtor and did not have a plan as I continued to make payments to my debts to the detriment of my welfare and health until I could not do so anymore.

 

It is difficult to advise you and answer the questions you have posed, as it really depends on your individual circumstances.

 

Obviously, remaining in the UK leaves you open to all of the legislation and debt collection practices that are naturally geared to collecting the debt from a UK resident citizen.

 

Their ability to enforce the debt depends on whether they have complied with what they should have done when you took out the agreement etc etc.

So if you remain in the UK, and wish to challenge the legality of any alleged debt, then enfocibility is one of the tools you could use, along with checking whether or not the Default Notices are valid or not.

 

Moving overseas closes some doors for a creditor, but opens others for them, so as I said before, it really depends on your specific circumstances and what you decide to do about staying where you are, or moving abroad.

[Roary 61]

Hi Bodgit and All

 

Seems I have been fighting a rear guard action. I never knew there were so many in the same situation.

 

I have just received my updated CCR and it has been amended and the default listed by pie and beer has been removed.

 

Briefly I saw an end to the misery of the last few months..... until I saw a writ & Summons listed. Seems those nice folks at Pie and beer entered it in Perth Magistrate court last week. As I have explained to VEDA, I have not reicieved any notification as yet regarding the summons.

 

I checked and there is no CCJ outstanding in the UK, so seems an awfully big bluff on their part.

 

One battle over but the war goes on.

[expatdebtor]

Roary 61,

Have you PMed Bodgit? Quite important... help may be closer than you think...

[WA_Newman]

Just went to pretrial with Pie & Beer. Will keep everyone informed.

[expatdebtor]

WA Newman, bloody good luck mate... PM us... maybe we can help?

[Bodgit]

WA have mailed you.

 

I think the PFF will be able to help you out.

 

Bodgit

[WA_Newman]

Hi guys,

 

Received your PM Bodgit. Will try to call tomorrow morning.

[WA_Newman]

I've been doing a bit of research on Pie & Beer. It would appear that they have breached the UCCC on numerous occasions. In addition to other potentially illegal activities.

 

Many of their larger customers may review their use of a supplier with so many compliance issues. Especially one that illegally uses protected data, is subject to an ongoing class action, and is being investigated by the ACCC and ASIC.

 

Several Cities have used Pie & Beer to collect outstanding rates. Local Goverments have very strict compliance issues. I'm sure a meeting and followup letter to the Mayor of each City would bring this issue in front of the Local Government compliance officer.

 

Equally, a meeting and followup letter to your local MLA would bring Pie & Beer to the State Government's attention.

 

Hopefully, enough evidence of illegal activity can be produced to file criminal charges against the Directors of Pie and Beer.

 

Interestingly, if a lawyer knowingly brings an illegal action they can be heavily sanctioned. Perhaps this is why Pie and Beer don't use their inhouse lawyers S****e to litigate. A cynical person may conclude that the lawyers at S****e know that these actions are not legal and are protecting themselves, instead using small outside legal firms for their actions.

[seevee]

G'day PFFs and supporters

 

Thanks very much to CAG for hosting the forum and to the people so passionate about this! This has helped me immensely. I know it has been on other forums before but I think if people haven't read the ASIC reports on DCA guidelines and the report on statute barred debts I would highly recommend them.

 

http://www.accc.gov.au/content/item.phtml?itemId=733222&nodeId=ce639366376131f07fef508852fe1833&fn=Debt%20collection%20guidelines.pdf

 

http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/statute_barred_debts_report.pdf/$file/statute_barred_debts_report.pdf

 

There are reasons why Plonkers is based in Perth. They are empowered to reset the timeline on all statute barred debts regardless of jurisdiction and that the time difference allows them flexibility on the East Coast outside of working hours.

 

As pointed out in this forum a CCJ is apparently required, however, I see no factual references discussing the power of Plonkers regarding this once debt has been assigned...perhaps under assignment, a CCJ is not required. Bodgit, I believe you said legal aid had something to say about this??

 

It would seem to me that the rush to eject toxic assets off balance sheets in the UK (probably forced by Government...the now defacto owners of the banking sector) has meant that bad debts that had "expired" are now being "re-birthed".

 

It would seem logical that if debts can be bundled, why not a bulk CCJ which could then we prosecuted once in an Australian court? Even better, perhaps the power of assignment in Australia negates the need for this??

 

I believe the CCJ issue and never acknowledging liability for the debt in writing are significant issues here.

 

Roary, hope all is OK. Did you have a CCJ outstanding that had been prosecuted through the Australian court?

 

Cheers

 

seevee

Edited November 25, 2009 by seevee
spelling and web link missing

[seevee]

Sorry! mY question was not to you Roary but WA Newman?

[DAVEDU]

A very odd post Seevee, I thought Perth was a part of this lovely nation of Australia and had to abide by the laws and regulations governing it. I hadn't realised Perth had declared itself independent and no longer had to abide by the federal and commonwealth laws governing statute barred debts. They can reset the clock just like that.... WOW.

Re-birthing? Isn't that some sort of a religious experience?

And a bulk CCJ, and against people who are not resident in the UK, really:D

Are you on medication or just a bit slow?

If you've got nothing better to do than write this crap can I suggest you you run off and get some entertainment by playing with yourself, and if you want I'll soon be getting some statements I can send you to shove up your ass - I'll just mark them return to sender:p

[seevee]

G'day daveu

 

I would suggest you read what ASIC (a federal govt agency) has to say on statute barred debts. Let me look it up for you...it's p.8 and 9 of the report re. collection of s/barred debts.

 

As to the CCJ issue, you're right it's a bit left field but then no one has really come back to this forum and demonstrated what debt assignment actually means either. All I'm saying here is that it might be worthwhile checking on this.

 

While I get my medication, why don't you find out what debt assignment really means as I haven't been able to get to the bottom of than one.

 

Cheers!

[DAVEDU]

So you're allowed to reset the timeline if the alleged debtor acknowledges in writing to you in a signed letter that he owes the debt and hasn't paid it. Whoopee! That is not the same as empowering you to reset the clock at your own whim.

As for what does "assignment" really mean, come on, you want us to do all your work for you. I'm sure you must have some very clever people in your legal team can point you in the right direction on that one.

[babybear39]

 

TROLL ALERT!!!

[seevee]

troll alert...hilarious!

 

people can take or leave my advice. I don't think my comments are particularly inflammatory they simply look at the issue from a different angle.

 

Davedu I never said reset at a whim but neither can an s/barred debt always remain an s/barred debt. It is an important distinction to make and people to be aware of because through ignorance they could change that status.

 

If my legal team and I find out more about debt assignment, I'll be sure to let the forum know.

[babybear39]

Once an alleged debt becomes SBd NOTHING can restart the clock not even a court

 

You could take out a full page ad in a national newspaper and it wouldn't matter one jot! (niked that from ODC or SP).

[ozzyboy]

If I were you SeeVee, I suggest that you spend more time completing your CV and less time on this forum. I think it's a document that you'll be needing quite soon.

 

Word of advice - try finding a new career. You're clearly too dim to hack it in the DCA industry and that's really saying somthing.

 

Oh...and if you're the last one out of the door at Plonkers, please remember to turn off the lights.

[noomill060]

"Davedu I never said reset at a whim but neither can an s/barred debt always remain an s/barred debt. It is an important distinction to make and people to be aware of because through ignorance they could change that status."

 

No, no one, not an alleged debtor, nor even all the gods of Imperial Rome can make a SB debt enforceable. (Even if they now live in Perth in Scotland or Perth, WA.)

 

The clue is in the name- Statute Barred.

 

If a creditor brought a claim in excess of 6 years after the last acknowlegement (5 in Scotland) a court would simply strike out the claim.

 

(subject to s.32 Limitation Act 1980)

 

Even if the alleged debtor acknowleges after the 6 year limit, he cannot set the SB clock ticking again. When its SB its SB forever.

 

Plonkers- what an apt name.

Edited November 26, 2009 by noomill060

[Roary 61]

Hi All

 

Seems we have mole in the pack

 

The majority of us on here trace the debt back to B’Shark. I have read with interest that Barks has admitted overcharging with regard to bank charges (A Lady from Barks actually told me this).

I have started a formal requested to have any overcharges repaid to me. Pie and Beer claim to, or use the name of Barks, when sending their notices; therefore I cannot see how they can chase me for money owed when I am chasing Barks for a similar amount.

Also I made official complaint regarding the B’Shark Data controller and the handling of personnal data. Imagine my surprise when Barks informed that the debts were sold on to a Canadian DCA and Pie and beer then bought it from them! It would appear my personnel data is for global consumption. Now I may be mistaken, but on my letters from Pie and Beers they name Barks assigning them the debt not some Canadian outfit.

Actually in all this unpleasantness Barks have been the only ones to give me honest answers. When I telephoned them to get their feelings about the conduct of Pie and Beer they basically stated that they no longer have any dealings with the debt and as far as they are concerned case closed. So if nothing else I want Pie and Beer to stop using Barks in their notice to default as this is not the case.

Oh what a tangle web we weave when we try to deceive.... Over to you Seevee.

[skippycreditdownunder]

troll alert...hilarious!

 

people can take or leave my advice. I don't think my comments are particularly inflammatory they simply look at the issue from a different angle.

 

Davedu I never said reset at a whim but neither can an s/barred debt always remain an s/barred debt. It is an important distinction to make and people to be aware of because through ignorance they could change that status.

 

If my legal team and I find out more about debt assignment, I'll be sure to let the forum know.

 

Come on guys don't be so hard on the bloke he's only trying to make a living....

 

SeeVEE how much are lemons per bag full in WA at the moment, especially the ones with Barclays stickers on them?

 

Personally mate i think that you are barking up the wrong tree in considering the definition of assignment as being your saviour....

 

That said the original contract i allegedly signed with Barclays specifies exactly what happens when the contract is assigned. Not that you'd know because you bought them without seeing the contracts.

 

Nah i'm hanging my hat on a different defence entirely....

 

We are 10+ strong have all been to different lawyers and barristers and have all got the same/ similar answers, you don't stand a chance.....!

 

How many have you put through court successfully up to now? Quote cases and dates and then you might get some attention. Or is the one this week your first thats why you sent down half the senior management team...?

 

And to quote asic guidelines is like the poacher reading from the dummies guide to gamekeepers.... purely Laughable!

 

I've read the pages you so wisely direct us to and still have no idea what you are on about.

 

If you've got something to say, then pls say it. Stop talking in riddles....

 

But you are providing us with entertainment, pls don't go quiet on us....??

[skippycreditdownunder]

If I were you SeeVee, I suggest that you spend more time completing your CV and less time on this forum. I think it's a document that you'll be needing quite soon.

 

Word of advice - try finding a new career. You're clearly too dim to hack it in the DCA industry and that's really saying somthing.

 

Oh...and if you're the last one out of the door at Plonkers, please remember to turn off the lights.

 

Forgot to ask, Which side of the fence do you work for the plonkers or the balls? The cowboys or the Indian?

 

And what rank, senior plonker or telephone monkey?

 

And how's your attempts to get this website shut down coming on, only 40,000 read the last one, no doubt similar on this one too.....

 

I look forward to shaking you by the hand in Perth magistrates court soon, you have my defence in hand now... May the best team win...

 

Skippy x x x

Edited November 26, 2009 by skippycreditdownunder
free country....

[dodgydebt]

Wow so it has come to this huh....rather desperate move don't you think SEEVEE or whatever your sign in is. Me thinks all us PFF's are onto something, really got you pooping your pants now huh. If you aren't of senior management I would think whatever wage you are being paid your dignity isn't worth it right? Whoever you are no doubt you're temporary you all are.

 

Nice try Pie and Beer, keep it up its highly amusing.

[expatdebtor]

See Vee....Laughing, laughing, laughing.... how silly do you think we are????

[dodgydebt]

Should probably change your name to SEE UUU

[cornflakegirl]

Davedu I never said reset at a whim but neither can an s/barred debt always remain an s/barred debt. It is an important distinction to make and people to be aware of because through ignorance they could change that status.

 

I'm sorry See Vee but Statute-barred = Statute-barred. The status cannot be changed once the 6 years is up, unless the "debtor" admits the "debt" in writing in a SIGNED letter, which is not made under protest (page 8!)

 

Plonkers phone monkeys make 38k plus commissions (I saw an ad - found it very amusing!!) Checkout chicks probably make more & they don't have to sell their souls either......

Edited November 26, 2009 by cornflakegirl