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    • Are you saying the 6/3 year rules does apply to me, even if I only realised it was mis-sold in 2019?   The agent is talking as if I knew this was not compulsory in 2003 when I signed for it 😕   
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Trust Deeds & moving Abroad


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Hello. I'm a first time poster looking for a bit of advice. I am considering entering a trust deed in a month or two. My family & I have just received our permanent resident visa for Australia. Can any body tell me if it is possible to enter into a trust deed & move abroad while you are still paying it? Thanks in advance.

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I could be completely wrong on this so check with someone else please. I heard that if you emigrate and don't your bills here they can't do anything about it. If you get someone to send the mail back with a notice "moved to another country" then the finance companies have insurance to cover this. I hardly think they'll be able to trace you in Oz and if you come back 6 years later your debts will all be statute barred but I don't know how you go about getting credit over there as I thought they checked your UK score to open a bank account etc. Good luck. Hope someone else can give more info.:wink:

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I could be completely wrong on this so check with someone else please. I heard that if you emigrate and don't your bills here they can't do anything about it. If you get someone to send the mail back with a notice "moved to another country" then the finance companies have insurance to cover this. I hardly think they'll be able to trace you in Oz and if you come back 6 years later your debts will all be statute barred but I don't know how you go about getting credit over there as I thought they checked your UK score to open a bank account etc. Good luck. Hope someone else can give more info.:wink:

 

Thanks for the reply. I know your UK credit history is not linked in anyway to your OZ credit history & vice versa.

I've heard about consumer debt not being enforceable ouside of the country where the agreement was signed, but not 100% sure that it is true. Can anybody advise?

The thought of looking over our shoulder in OZ isn't exactly appealing, but not being in debt would be a huge sweetener!

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i am afraid that is wrong - countries have reciprocal agreements where Uk debts can be chased and lodged in other countries.

 

you will not be able to enter a trust deed if you leaving the uk and if you did not tell your IP that you were leaving before the TD is set up as soon as you move the TD will fail.

 

this may be of use for you

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221573-debt-being-chased-australia.html

 

Ida x

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i am afraid that is wrong - countries have reciprocal agreements where Uk debts can be chased and lodged in other countries.

 

you will not be able to enter a trust deed if you leaving the uk and if you did not tell your IP that you were leaving before the TD is set up as soon as you move the TD will fail.

 

this may be of use for you

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221573-debt-being-chased-australia.html

 

Ida x

 

Thanks Ida.

My understanding of this reciprocal agreement( http://www.opsi.gov.uk/si/si1994/Uksi_19941901_en_1.htm")

is that it is for civil debt (i.e. non-payment of fines,taxes), outstanding court orders and outstanding ccj's. I can't see anything pertaining to consumer debt.

I haven't been able to read all the posts in the link you gave but it would seem that the gist of the thread is that If you have consumer debt (credit cards/loans etc), & move to Australia with no outstanding court action against you, then you cannot be made to pay that debt, but that there are companys in Oz who will illegally chase & harass you for that debt.

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Thanks Ida. With regard to the Trust Deed, does this mean that even if I have a forwarding address in OZ & agree to pay it out of my bank account, they still won't set it up for me?

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no I don't think so as you basically give all rights to your IP and that if you do not keep up your TD then they will apply for your BK which cannot be done if you are not resident here

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  • 2 weeks later...

Just an update. Have spoken to the guy from the accountacy firm that is dealing with my trust deed & he has assured me that it would not be a problem moving to OZ as long as the payments are kept up to date. If anybody knows for definite that this is wrong, could they please let me know.

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