URGENT HELP- 5 YR Old Aussie Debt Being Chased In UK

[elliott50]

I need some very urgent help. I moved from Australia to the UK over 5 years ago, leaving a debt of just under AUS$4000. A month ago I received a letter (from an English Law Form) advising me that this debt was outstanding, but the letter did not give a due date or threaten legal proceedings. On advice from this forum, I ignored the request, - apparently legal proceedings can not be bought against me in the UK for an Aussie debt unless a judgment is made in NSW Australia and then transferred to the UK. Today I have received a new letter advising that if I do not pay under Aus$ 4000, that legal proceedings will commence against me and that I will liable for any court costs and fees incurred…. I need advice…? The letter includes a statement of means form.

[MARTIN3030]

Welcome to the site-when you say "English Law Firm" is it a Solicitor ?

Any chance you can give the name of the firm ?

[elliott50]

Stevensdrake.

[elliott50]

thanks for any advice you can supply

[angry cat]

Corporate Recovery And Insolvency Sussex | Corporate Recovery Services Sussex | Corporate Recovery Firm Sussex

[angry cat]

Debt Recovery Solicitors Sussex | Debt Recovery Solicitor Sussex | Debt Recovery Solicitors Crawley Sussex | Debt Recovery Solicitor Crawley Sussex

 

Roll eyes;

Arrow Global debt Recovery are involved!

[elliott50]

What does that mean? Who are Global and what should I do. I left Australia under extreme personal circumstances and do not have that money now to pay.

[elliott50]

... basically my father was a sick (mentally sick) man and i needed to be with my english family. I feel like i am being pushed into a corner!

[MARTIN3030]

Debt Recovery Solicitors Sussex | Debt Recovery Solicitor Sussex | Debt Recovery Solicitors Crawley Sussex | Debt Recovery Solicitor Crawley Sussex

 

Roll eyes;

Arrow Global debt Recovery are involved!

 

 

ahhh say no more

[MARTIN3030]

Arrow Global are quite well known to the people on these forums.I have no doubt that some of those will be posting here.

[elliott50]

Do they have the power to enforce the debt? What can i expect?

[angry cat]

Please scan or, take a digital picture of the letter that you have received and post it up; minus of any personal details.

 

We can then advise.

[elliott50]

I do not have the ability to scan, but i will now type it word for word.

[angry cat]

... basically my father was a sick (mentally sick) man and i needed to be with my english family. I feel like i am being pushed into a corner!

 

You are not in a corner, CAG will provide you with advice:)

[MARTIN3030]

I do not have the ability to scan, but i will now type it word for word.

 

 

Ok thats better than nothing.

[angry cat]

Please, provide the name of the company who are pursuing you and the name right at the bottom of the letter;

their registered company name and number.

[elliott50]

Dear Madam,

 

Re: X And X Agreemenbt 123456789

 

Further to our previous letter concerning the unpaid balance in the above matter, we note we have not received your reply.

 

The Amount due now stands at AUS $ XXXX.XX. In the absence of payment of this amount by return, we shall commence legal proceedings against you without further notice.

 

Our earlier letter set out details of the rate of interest, but for the avoidance of doubt, we confirm that in the event that legal proceedings are issued, late payment charges/interest will be added to your account from the date it became overdue for payment at the specified rate.

 

Further, should legal proceedings be issued, court costs and fees will be incurred for which you will also be liable. If the matter reaches this stage we will not be prepared to enter into an instalment arrangement.

 

If for some reason you dispute the claim, it is essential that you advise us of your dispute prior to the issue of proceedings, and the precise grounds for your dispute together with any documents to support the same. If you fail to do so, and raise the issue after dispute after legal proceedings have been issued, particulary on the issue of liability, we reserve the right to bring this letter to the attention of the court on question of costs.

 

Finally if you are unable to make payment in full, it is essential that you contact us to discuss payments by installments. We enclose a statement of means form to this end which should be completed and returned with initial payment.

 

END OF LETTER

[elliott50]

It is Credit Corp Australia and by Name at the bottom of the letter what do you mean?

 

BTW thanks for this?

[angry cat]

Credit Corp Group Limited

 

The above Corp., is a DCA, who obviously use Arrow Global to collect in the UK.

 

The letter is an attempt to scare you.

 

My advice, igore the letter;

if they persist, send then 'prove it' letter.

[elliott50]

Should I return to sender? It's amazing that they have waited five plus years to contact me. Given the guidelines that DCA's are advised to follow in the UK e.g. not threatening legal proceedings unless legal proceedings can actually be commenced against the individual ...is it normal to post letter threatening legal action for an unenforceable debt?

[elliott50]

or do they have some grounds?

[MARTIN3030]

"..is it normal to post letter threatening legal action for an unenforceable debt?"

 

In the murky world of DCAs they can often be accused of thinking its normal-but as ac says,if its enforceable then you have a right to be shown proof.Until such time as they can provide that,then you have to decide how you want to deal with this.

Edited December 19, 2009 by MARTIN3030

[elliott50]

Thanks I will keep you posted!

[angry cat]

If you enter to into any correspondence with this firm, my advice would be to head up your letters;

 

I do not acknowledge any debt to your company or, any company that you claim to represent.

 

Obviously, I do not know your particular situation but you should bear in mind the;

NSW (AUS) Limitation Rule.

 

DCA's in general are, chancers;

Arrow Global are well known on this forum.

[MARTIN3030]

Agreed-and dont forget-keep copies and send recorded delivery.