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    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do medication and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
    • I have initiated the breathing space so ill wait. from re reading everything this what i understand BS gives me 60 days break from the creditors during these 60 days they may contact me and will most likely default I need to wait until after a default notice to see whether the OC will keep the debt or sell it off If kept by the OC then i should attempt a plan or pay some token payment? If sold to DCA then don't pay and after 6 years it will leave my credit report once the DN is registered with a date. DCA may start a CCJ but unlikely, if they do come back here. last question, do you know roughly how long this will all take? in terms of defaults/default notice, potential CCJ? Would you say I have 12 months plus from when the BS ends?
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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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