5 Year Australian Debt being chased in the UK

[WA_Newman]

It is important to identify which CreditCorp you are dealing with. There is a CreditCorp Ltd registered in London which is a UK company, and CreditCorp Pty Ltd registered in Australia. The Australian company is a member of the Australian Financial Ombudsman service (FOS), and isn't registered with the UK Financial Services Agency.

 

wamosh, one letter you could send would be to clearly identify the creditor (if CreditCorp, which company) and whether the assignment is absolute or beneficial.

 

A creditor can only seek court enforcement on their own if an assignment is absolute. If the assignment is beneficial, the creditor would need to sue jointly with the original creditor.

 

For an assignment to be absolute a number of conditions need to be met. One of the most important is that any assignment must be received by the debtor. Proof of receipt is needed, NOT proof of sending. Sufficient proof is an afadavit from a process server or your signature when receiving a registered letter. Without proof of receipt of a valid Notice of Assignment, any assignment is not absolute, it is merely beneficial. To procede with court action where the assignment is merely beneficial, a creditor would need permission of the court for the original creditor to join in the court action. The original creditor would then have to agree to join the assignee in court action.

 

More detail on assignment is contained in previous posts on a different thread. Just search my user name for info.

 

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