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UK Debt, NZ Citizen, Living in NZ... HELP!!


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Hiya

 

Any advice you can give would be appreciated!

 

I'm from NZ, I lived in the UK for a couple of years returning to NZ April 09.

 

I've a 445 Pound debt in UK with a bank. Debt has occured from bank charges and fees only after the bank didn't close the account down as I requested when i left the UK (April 09).

 

Letters from bank & DC agency have been going to my old UK address. I've only just caught up with it. On finding out that I'm being chased in the UK I've provided the DC in the UK with my NZ address (silly move?) and told them I dispute the claim due to the amount being an admin error by my bank not closing the account.

 

bank won't reverse it as they've already passed in onto debt collectors.

 

Since advising of my NZ address I've recieved a letter from another UK based DC demanding payment, stating that they may start court proceedings etc (I guess this is a CCJ?)

 

I've just written back saying "I don't acknologe the debt, dispute the claim, is a result of admin errror by bank etc etc".

 

I just wanted to check up what the rules are for UK debt collectors chasing debt in NZ?

 

1) Can UK debt collectors pass on debt to NZ based DCs? what do I do if this happens? Does it effect my NZ credit rating?

2) given that I've complained and said I dispute the debt etc, can they go down the CCJ path?

 

Any advice would be appreciated!

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Hiya yourself!

 

In brief...

 

1) Can UK debt collectors pass on debt to NZ based DCs?

Yes, in theory, but highly unlikely for a debt so small.

 

1a - What do I do if this happens?

Laugh at their stupidity

 

2a -Does it effect my NZ credit rating?

Not in the slightest - but be aware that if it goes that far, at least one NZ DCA has been known to illegally post UK debt on an NZ credit file but this seems to have been a one off judging by other NZ posters' experiences. They certainly can't do it here in Australia and NZ are supposed to follow the same rules.

 

2) Given that I've complained and said I dispute the debt etc, can they go down the CCJ path?

Absolutely not. You're not in the UK so no CCJ and thus nothing to transfer to the NZ system. They have no legal means of enforcing this alleged debt whatsoever.

 

My advice would be to ignore it.

Edited by ozzyboy
typo
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absolutely pmsl. what utter utter wallys these DCAs are. Chasing a debt for under 500 quid in NZ :lol:

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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recycle letters in green filing cabinet... You know the one with wheels and a lid that flips.. I am in NZ as well... really nothing has happened, and I am not too worried. I keep my own thread updated in anything comes also (Whats next for us in NZ), mine has been going for a good year and other than a few letters, they get bored pretty easily. Just stop talking to them and ignore :D

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recycle letters in green filing cabinet... You know the one with wheels and a lid that flips.. I am in NZ as well... really nothing has happened, and I am not too worried. I keep my own thread updated in anything comes also (Whats next for us in NZ), mine has been going for a good year and other than a few letters, they get bored pretty easily. Just stop talking to them and ignore :D

 

Hiya

 

Thanks for the comment, yes I did see your post, there's not too much information out there about UK debts in NZ (lots more on UK debts in Aus).

 

Accroding to a few sources here (such as the NZ consumer affairs etc) apparantly it is possible for NZ DCA to take on UK originated debt, and for this to affect NZ credit files, though there has been advisement from other sources to the contrary.

 

I don't think its legally enforcable (at least not easily), again no-one seems to be able to give me a deffinate.

 

I also rang up Veda (Baycorp) who said that they don't take on debt from other countries aside from aussie, so who knows!

 

I'm seeing a Citizens Advice Bearu lawyer this sat to get thier opinion.

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What VEDA says is true - they are not supposed to post any non-NZ or Australian debt as they can only post debts that are legally enforceable in their court system. However, it has been reported on another forum that a DCA did just that and VEDA was less than co-operative about getting it removed.

 

The only way a UK matter can be pursued in the NZ courts is if legal action has already commenced in the UK - which it hasn't and cannot.

 

I'd suggest that if you email your question to VEDA asking for clarification, you'll have something in writing to back up your case should the (very remote) possibility of a DCA trying it on ever transpire.

 

Good luck with the CAB but don't take everything they say as 100% accurate. They've been known to get things wrong before and remember that this alleged debt is covered by UK and not NZ legislation.

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the NZ lawyer I'm talking to is from the citizens advice bureau, its a free service. The consumer group is the 'department of consumer affairs'. If a DC was doing something illegal, the department of CA would be the people to complain to, they are an official nz govt department.

 

I'd assume that the department of consumer affairs, being a govt department should know what they are on about, but I didn't mention that they hadn't yet started UK legal proceedings (CCJ) though, so maybe that is the difference?

 

I'm right in my assumption that they can't obtain a CCJ in the UK without me being a resident at the time?

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the NZ lawyer I'm talking to is from the citizens advice bureau, its a free service. The consumer group is the 'department of consumer affairs'. If a DC was doing something illegal, the department of CA would be the people to complain to, they are an official nz govt department.

 

I'd assume that the department of consumer affairs, being a govt department should know what they are on about, but I didn't mention that they hadn't yet started UK legal proceedings (CCJ) though, so maybe that is the difference?

 

I'm right in my assumption that they can't obtain a CCJ in the UK without me being a resident at the time?

 

I spoke to one of those (Law trust I think) and I got the advice, they cant do anything here court wise, DCA could try and chase it but would have no legal standing to do anything through the courts. They said the best thing to do is ignore the DCA and do not acknowledge the debt in any way. Same rules I guess if you were dealing with the UK DCA.

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