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    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
    • Paying DCA's one penny, never mind £50 per month is a mugs game, they have really been milking him as a cash cow   See where received a claim form is underlined in your post, you need to click, on that and read carefully, then answer the questions, then copy and paste into a post on this thread Forget the CAB ,  their advice is sometimes weird. Is it worth defending? Lowell brought these debts for 10 p in the pound , years ago, because they are flawed. Think about it! if it was such an easy win, Capital one could have taken it to court and crushed him.  It could be an invalid agreement, default notice, or many other things. In a nutshell , yes, and we can help you.
    • Origin moved to EA App... I know this all too well.  Reach out to Customer Services I would to see what they can do. 
    • Welcome - One of the team will take a look shortly
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5 Year Australian Debt being chased in the UK


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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

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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.

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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?

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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?

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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:)

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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

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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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.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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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

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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.

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