Jump to content


  • Tweets

  • Posts

    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
  • Our picks

pfjc1000

PayPlan

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3649 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello

 

I'm new to this site, so hi to all :)

 

I recently left UK to live in Australia (4 year VISA) about 18 months ago with quite large debts that i was struggling to pay when I got out here. Main issues were sending money back to my UK account, bank charges for this process and exchange rates AUD -STG which were high at the time. I defaulted back in June and haven't paid anything since then. My debt consists of a few credit cards, bank loan and an overdraft.

 

I found PayPlan before I found this site :-( and I have been in touch with them and they drew a up a budget payment plan that works out how much spare cash I have every month and how much they reckon I can pay to them (PauPlan) every month. The trouble is, the repayments I will struggle with (400 pounds) and would be comfortable with paying half of what they've suggested for each month.

 

Can I offer the reduced payments to them? what are they like as a company, has anyone used them before? Could anyone tell me my rights also and can I pay back what i can afford.

 

Any input/advice would be greatly appreciated. I have worried about this a lot, but have read that there is no recriprocal agreetment for unsecured debt between UK and Australia.

 

thanks in advance

 

pfjc1000

Share this post


Link to post
Share on other sites

Have a read of this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221573-debt-being-chased-australia.html before you decide anything. It's a bit long but well worth the read. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Hey thanks for your reply. There is some real interesting stuff in there but noticed that the original question was for old debt being resurfaced (6 yrs +)

 

Would the same apply to me as my debt is relatively new, roughly 6 mths??

 

Also would it be worth going the cca route, what with me living in Oz??

 

Cheers

Share this post


Link to post
Share on other sites
Would the same apply to me as my debt is relatively new, roughly 6 mths??
Yes, they don't have the legal authority to chase debt in Oz unless they've already obtained a CCJ against you before you left the UK.

Also would it be worth going the cca route, what with me living in Oz??
It depends on how old your a/c is & how you applied for it.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Cheers for the advice

 

I know that I had no ccj's against me when I left the UK as I had no problems with my bank a/c and credit cards.

If I have got ccjs against my name they would be incorrectly filed then? Is it worth a check to see if I have and how difficult are they to remove?

 

I can prove I've lived in Australia since May 2008 by my passport and 457 VISA stamp? Would that be enough to prove I dont live in the UK?

 

My bank a/c is years old and my credit cards are probably around 3-5 years old.

 

Cheers

:)

Share this post


Link to post
Share on other sites
If I have got ccjs against my name they would be incorrectly filed then?
Yes.
Is it worth a check to see if I have and how difficult are they to remove?
You could check online at CCJs, court orders & fines - Search yourself and others - Trust Online If there are any they are relatively easy to get set aside.
I can prove I've lived in Australia since May 2008 by my passport and 457 VISA stamp? Would that be enough to prove I dont live in the UK?
Yes.
My bank a/c is years old and my credit cards are probably around 3-5 years old.
CCs after 2006 are usually enforceable.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Hi PJ,

 

As Cerberusalert has suggested, keep an eye on the other thread relating to UK to debt in Australia.

 

Some of the info relates to stat barred debt but the main topic is how an Australian DCA is trying to magically convert a UK agreement into an Australian one...with about as much success as ye olde alchemists trying to turn lead into gold.

 

The other similarity 'twixt the two is that is highy probable that the DCA's experiment will blow up in their face too.

 

More to the point. you may also find some good info on the expat focus debt forums at Expat Focus - Forums - Expat Issues (scroll down for country specific forums) - Credit and Debt Management

 

This is where the current thread on CAG started (before Pie and Beer's lawyers got it shut down) and there are many, many posts on there concerning different aspects of UK debt in Australia that will set your mind at ease. :)

Share this post


Link to post
Share on other sites

Hey, thanks to yourself & Cerberusalert for your help :)

 

I'm just in the process of finding out if my creditors and/or DCA's have registered any ccjs to my old address in the UK. If so, I'll start the process of setting them aside.

 

Yeah, was reading the other thread, some interesting stuff on there, just goes to show that the DCA's will stop at nothing to get you to pay up.

 

So glad I found this site !! :)

 

I think I will check VEDA also just to see if any stuff has been registered on my credit file in Oz

 

Just thinking now what to do about PayPlan !!!!!!

Share this post


Link to post
Share on other sites

Just thinking now what to do about PayPlan !!!!!!

 

 

Email them & say that you have realised that these debts may be invalid so you won't be paying them until you have proof that they need to be paid and when you know exactly what is legally owed, you will contact them again.

Share this post


Link to post
Share on other sites

Hi

 

I have been with Payplan a few years now, and I have found their service excellent, and would recommend them. They do not charge fees, so the DMP is completely free of charge. They take away a lot of pressure when receiving letters and statements, as they just deal with everything on your behalf, and they also apply to get interest and charges frozen on your accounts. If you have drawn up and income and expenditure and your payment is £400, that you do not feel comfortable with, I would suggest getting in contact with Payplan to inform them of this, and they can re-look at your details to try and get this down to an affordable, realistic payment.

Share this post


Link to post
Share on other sites

Thanks, Ive fired an email off to PayPlan to ask if I can pay the reduced amount and see what they say

 

 

Just wondering on the ccj issue, if they can raise one against my old address in the UK, as I didnt contact them to tell them I was relocating to Australia as my cc's and bank a/c was in order then?

 

I know I definetly didn't have any ccj's when I left

 

Cheers 4 the advice:)

 

 

Just had an e-mail from payplan and they said that they can knock 20 or so pounds off the monthly payment, so nowhere near the figure I have proposed. I have sent them a final offer that i have increased by 20 pounds and have told them my final offer. I am really suprised that PayPlan doesn't know about no reciprocal agreement not non-secured debt between Uk & Australia. I would have though me offering to pay rather than not pay which sounds like I can easily do, they would have accepted anything

Edited by pfjc1000

Share this post


Link to post
Share on other sites
Just wondering on the ccj issue, if they can raise one against my old address in the UK, as I didnt contact them to tell them I was relocating to Australia as my cc's and bank a/c was in order then?
If they did that you can easily get it set-aside as they are not legally allowed to obtain a CCJ against a non-UK resident. ;)

 

You can check online at CCJs, court orders & fines - Search yourself and others - Trust Online to see whether there are any against your previous addresses.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

 

Just had an e-mail from payplan and they said that they can knock 20 or so pounds off the monthly payment, so nowhere near the figure I have proposed. I have sent them a final offer that i have increased by 20 pounds and have told them my final offer. I am really suprised that PayPlan doesn't know about no reciprocal agreement not non-secured debt between Uk & Australia. I would have though me offering to pay rather than not pay which sounds like I can easily do, they would have accepted anything

 

You need to TELL payplan what you can afford to pay & if necessary, draw up a fully itemised income & outgoing sheet that allows for EVERY expense you have in Oz (after all, how can this be proved ;)) then the remainder is available for paying off debts in UK. The minimum amount payplan work with here is £100 per month.

 

It's your money, your debts & you need to decide whats fair & whats not. The very fact that you are willing to pay is commendable. :)

Share this post


Link to post
Share on other sites

Thanks for all your help, as I have made no payment as yet, I sent an email to PayPlan and offered what I can, if they don't like it - tough

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...