5 Year Australian Debt being chased in the UK

[bobster316]

Hi there,

 

I too have just received a letter from Stevensdrake relating to a 5 year old Oz debt for $6000 i didnt even know about. I left Oz to return to UK over 5 years ago after being made redundant, had basically 4 weeks to leave the country.

 

I know get this letter out of the blue !

 

I have not acknowledged this letter.

 

It refers to Credit Corp Services Pty Ltd and an Agreement Number

 

They have also enclosed a "Statements of Means form"

 

The letter also states should legal proceedings be issued, court costs and fees will be incurred

 

Any advice on what should i do ?

 

Thanks

[PGH7447]

oops wrong thread

[spamheed]

Was the debt ever subject to court action in oz?

 

if not, then I would do nothing

[bobster316]

I never received any communication from anyone up until now. Should i just ignore the letter from Stevensdrake

[cerberusalert]

Debts in Oz become Statute Barred after six years if no payment or written acknowledgement of the debt has been made (I believe it's 5 years in NSW).

 

Unless the debt was for an amount a lot larger than what they allege you owe, it would not be cost effective for them to pursue through the UK legal system. That's assuming a UK court would allow them to.

[bobster316]

I was working in NSW, i left the country in Aug 2005, so a few months left to reach 5 years. i think the debt is related to an anz credit card.

[cerberusalert]

I've just checked, it's six years in NSW http://www.speedandstracey.com.au/docs/00010018.pdf

 

It's a shame you weren't in the Northern Territories where it's 3 years.

 

Don't worry tho' because they'll find it impossible to enforce here in the UK.

[bobster316]

Just received another letter from SD, this time its a "Statutory Demand Notice", stating i need to repay the total amount owed within 18 days and that i should contact a solicitor or insolvency practitioner. What should i do? should i continue to ignore these letters?

[cerberusalert]

Is it actually a SD or a threat of one. If the former how was it served?

[42man]

Interesting, how do they expect to enforce a debt in Australia....and how will they effect any proof of service !!!

[kurvaface]

subbing

[bobster316]

I received the SD via normal royal mail post, the covering letter asks for acknowledgement of safe receipt.

[exroyalengineer]

Hi, not wanting to hijack your post Bobster but the same thing has happened to me mate.

I left in Oct 2003, and received nothing til Jan 2010. I then received from creditcorp/stevensdrake through normal Royal Mail 2 letters demanding payment and my details (by the means of a poorly doctored word document) or they'll take you to court.

 

I would like to know if this is possible, or is it plain harrassment?

[kurvaface]

Hi, not wanting to hijack your post Bobster but the same thing has happened to me mate.

I left in Oct 2003, and received nothing til Jan 2010. I then received from creditcorp/stevensdrake through normal Royal Mail 2 letters demanding payment and my details (by the means of a poorly doctored word document) or they'll take you to court.

 

I would like to know if this is possible, or is it plain harrassment?

 

Whatever happens this is statute barred. Perhaps you should start your own thread.

 

edit...By the way, welcome to cag:)

[harrassed senior]

Seems to me that they are clutching at straws, things must be desperate;) I would totally ignore.

[ODC]

Whatever you do DO NOT ACKNOWLEDGE safe receipt.

 

They are really trying it on. The debt occurred in Oz so the Creditors in Oz should have taken it to Court before you left down under

[bobster316]

Thanks for everyones feedback, to be on the safe side should i consult with a solicitor or do you think i should just wait and see what happens.

[palomino]

A Statutory Demand is a legally required preliminary to being able to petition for your bankruptcy.

You have 18 days from receipt to have it set aside, otherwise the creditor can proceeed with such a petition.

You must not ignore it.

 

You can get much more detailed help over in the 'Formal Solutions ...' forum here Formal Solutions: Bankruptcy, Administration Orders and IVAs - The Consumer Forums

[bobster316]

I'm getting conflicting information, some people say i should ignore the last poster palomino says i must not ignore.

[Allwood]

Can you post a copy of the SD for someone with experience of them to give their view on it. Make sure you blank out all personal details on the SD.

[palomino]

As I said above a Statutory Demand is the necessary precursor for a bankruptcy petition. If you are happy for a creditor to make you bankrupt then you can ignore it.

 

Otherwise you must apply to have it set aside - and you have 18 days from receipt to do this.

 

There are several grounds for having the SD set aside. Some procedural ones are improper service and being unable to contact the person named on the SD.

Others more to do with the matter of the debt include debt not owed or has been repaid, debt being statute-barred or debt being in dispute for some reason.

In your case the matter of jurisdiction is probably an issue and I think you need legal advice on this point. I don't know enough about this issue to be able to help you myself so you could, for a first step, contact the Insolvency service The Insolvency Service Website. Follow the 'Contact us' links until you find the phone numbers.

[ODC]

I'm getting conflicting information, some people say i should ignore the last poster palomino says i must not ignore.

Palomino generally gives good advice on here but there are two schools of thought regarding SDs. 1 is Palominos and the other is based on the opinion of a solicitor. (I will try to find the link) The solicitors advise in a nutshell is that if the creditor was serious about the SD then they would have served the SD on you in person and therefore had proof of service. As it stands now they cannot prove service. Posting an SD by first class mail is acceptable if they have at least attempted personal service and can attach an affadavit to confirm this. By you acknowledging receipt of the SD then you do their job for them. 99 times out of 100 the use of an SD is a scare tactic to get you to contact their telephone threat monkeys.

 

Have you had any formal notice that this debt has been sold on to these people and been legally assigned. Was there ever a judgement against you in Australia

[ODC]

Please have a read of this excellent thread about the subject of Stat Demands served by post. Unlike most of us the author has a legal background

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

[bobster316]

Still all seems complicated to me, as i previously stated when i was made redundant in Australia and only having 4 weeks to leave the country, to the best of my knowledge i cleared all my outstanding debts before i left.

Following the statement of means letter i now get this SD from SD. As i have also stated i have not acknowledged any of these letters.

I have not received any formal notice that the debt has been sold on and legally assigned, i am also unaware of any judgement against me in Australia.

[247orbital]

How long were you in Australia for? As I'm under the impression that after two years on a sponsorship or residency you become a permanent resident and after 5 years you can apply for full citizenship?