Enoforcable in UK?

[elliott50]

I need clarification as to whether an Australian Debt is enforceable in England. I left Australia under extreme personal circumstance 5 + years ago and have recently been contacted by a Solicitor acting on behalf of a Australian DCA. The letter advised that if i failed to pay the amount outstanding in full that legal proceeding would be commenced?

 

Thanks in Advance,

 

Elliott:?:

[alfwithhair]

What kind of debt was this?

Who was the original creditor

Who is the uk solicitor

Has this debt been through any court before leaving Oz

I take it that this is the first you haveheard about it since leaving Oz.

[babybear39]

Subscribing...

[elliott50]

I want to be careful with what I say online... The outstanding balance was a small (under GBP£2000) loan. The Original Creditor was a Bank, the new creditor is an Aussie DCA. The UK Solicitor is Stevensdrake who are aligned with Arrow Global. This is the first time I have received any sort of correspondance regarding this debt. I am unsure if this has been through the courts in Australia.

 

Kind Regards

 

Elliott

[babybear39]

You need to check your Aussie credit reference files to see if there are any CCJs or defaults.

[elliott50]

I know that I defaulted! But My understanding was that I would have to be in the country for a judgment to be bought against me. I have not been home since leaving.

[alfwithhair]

I know that I defaulted! But My understanding was that I would have to be in the country for a judgment to be bought against me. I have not been home since leaving.

 

Not so, they papers would have been served to your previous addreess, you whould not be aware of this, so no defence would be filed, so the creditor would get judgement by default.

[elliott50]

Can that judgement be moved to the uk?

[vint1954]

Have a look here.

 

Overseas debt on uk credit file - MoneySavingExpert.com Forums

[elliott50]

Afraid to say I am a little shy of the SOL in NSW.

[elliott50]

Does anybody know of instances when any sort of debt has been transferred to the UK (as the courts). I am quite worried about this, but am not in a situation to pay!!! Apparently the Aussie DCA in question can be quite hard!

[alfwithhair]

So lets get this straight;

 

A UK based solicitor (Stevensdrake of Crawley) has written to you saying they are working on behalf of an Australian DCA (who is this DCA)

 

Have they actually said what this debt relates to or or they just fishing?

I do not see how Stevensdarke can initiate legal action in the UK courts for an Australian Debt, so that is more than likely just hot hair to intimidate you into contacting them.

 

If a court order has been obtained through the Australian court then it might be a different kettle of fish, they maybe able to get the judgement transferred to a UK court. I am not qualified to say one way or the other on that.

 

But if you say the debt is only 2K, I would hardly think it would be cost effective for an Australian company to chase the debt in the UK. As it is 5+ years since you have heard anything,be careful not to acknowledge this debt to the solicitors or the DCA, I don't know what the stautue barred limits are in Oz, but here they are 6 years, so they could be just chancing their arm on an almost statue barred debt, to get the clock re-set

 

I am sure someone with expertise of overseas debt will be along shortly to give you an answer

Edited December 19, 2009 by alfwithhair

[elliott50]

Thanks. From what I understand a judgement can be bought against me in Australia, but the transferral of such debt to the UK only takes place in extreme circumstances (e.g a business with massive debts).... but I would like verification from an expert as to where I stand?

 

I guess I am to blame for the situation, in the fact that I left Australia quite quickly as my father was mentally ill and the pressue at the time was just too much for me to handle. I initially did not have a job when I first moved and I fell behind with payments, but I have heard nothing since then.

 

I am too scared to contact these people. I do not have the money to pay this amount and I do not want the clock restarted. I do not have any assets- no car...no house... all I have is an old TV and a re-conditioned computer. I am very scared of buncruptsy proceedings and this affecting my UK credit rating!

[alfwithhair]

I do not think you can be made bankcrupt in the UK for a Oz debt either, nor do Oz debts show on a UK cra files

I thought this might be of interest to you re statued barred law in Oz

 

What is the Statute Of Limitations Law In Australia

 

 

 

A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated.

 

 

Why should you care about the Statute Of Limitations if you have a account in collections

 

A creditor may only bring action for the recovery of debts in accordance with the statute of limitations in the State or Territory in which the debt arose. The statute of limitations on debts for goods and services is generally six years and 3 years in the Northern Territory. This means that a court will not hear an action for payment where a debt is outstanding for more than six years. Legal action on such debts is therefore statute barred.

 

How does the Statute Of Limitations affect my credit report

 

Section 2.8 of the Credit Reporting Code of Conduct, issued in accordance with section 18A of the Privacy Act 1988 (Cth), prohibits the listing of statute barred debts with a credit reporting agency. Section 2.8 of the Credit Reporting Code of Conduct provides that a credit provider must not give to a credit reporting agency information about an individual being overdue in making a payment where recovery of the debt by the credit provider is barred by the statute of limitations.

[elliott50]

"A creditor may only bring action for the recovery of debts in accordance with the statute of limitations in the State or Territory in which the debt arose"

 

Does this mean that legal proceeding can only be commenced in the state that the debt arose. So say the debt arose in Victoria, action could not be taken against me in Queensland or Western Australia let alone the UK?

 

Why do they threaten legal proceedings then if they have no jurisdiction? I understand that they use bullying tatics. BTW they do not mention a due date in their letter, just if I fail to return payments they will take legal action and that they will add late paymnets and fees to the outstanding balance.

 

Also what is the rules when it comes to transferring my personal data to the UK?

[cerberusalert]

See http://www.consumeractiongroup.co.uk/forum/overseas-debt/250889-can-i-sued-overseas.html