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    • Aesmith - Thank you for your recent interest in my issues.  Input on people's topics can be most useful from specialised experts or those that have similar experiences.  Some people really struggle with knowing what to do (I certainly do) - so it is most useful and helpful and reassuring when solid sensible advice is offered.  I have found there to be some very kind, helpful, supportive and legally knowledgeable people here on cag over the years - who give sound legal advice for people to roll up their sleeves and follow up on.   Of course, sometimes it can be quite challenging sifting the wheat from the chaff.  I don't have lawyer or barrister.  I sometimes attend pro-bono legal clinics for help.  And sometimes have access to barristers via a pro-bono service called Advocate.  Both ad-hoc. Pro-bono means 'free'
    • The Judge was wrong. The keeper is only INVITED to say who was driving, there is no obligation for them to say.
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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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Australian credit card company chasing me in UK after nearly 6 years - threatening letters


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Should I find out if a judgement has been issued against me in this case?
Yes.

 

I don't know whether Oz law is the same as the UK with respect to CCJs but I suspect that they will be unable to obtain one against a non-Oz resident.

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Thanks Cerberus, have just - probably wrongly - posted a question against an earlier thread - basically asking whether Credit Corp will be able to see if I access my VEDA or Dun & Bradstreet file if I apply for an online credit report in Oz?

 

Does anyone out there know if you can get information on judgements made against you through the Australian court system, without having to go through the credit report agencies? I ask because I am presuming that doing it this way will not advertise your activities to creditors - surely the courts have rules on who they give information out to, and an individual is legally entitled to get information about judgements against him or her in the court system.

 

Any thoughts?

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Thanks Cerberus, have just - probably wrongly - posted a question against an earlier thread - basically asking whether Credit Corp will be able to see if I access my VEDA or Dun & Bradstreet file if I apply for an online credit report in Oz?

 

Does anyone out there know if you can get information on judgements made against you through the Australian court system, without having to go through the credit report agencies? I ask because I am presuming that doing it this way will not advertise your activities to creditors - surely the courts have rules on who they give information out to, and an individual is legally entitled to get information about judgements against him or her in the court system.

 

Any thoughts?

 

Yes, you can use Veda's "My Credit File" service. It can be found at http://www.mycreditfile.com.au/personal/credit-file.dot - just be sure when you enter your details, you put your current address as your last known address in Australia. Obviously you're lying but it will ensure your current address will not be spread around. You have to pay for this service, but the report is emailed to you within one day and then you can see what's on there without disclosing your current address.

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Thanks Cerberus, have just - probably wrongly - posted a question against an earlier thread - basically asking whether Credit Corp will be able to see if I access my VEDA or Dun & Bradstreet file if I apply for an online credit report in Oz?

 

Does anyone out there know if you can get information on judgements made against you through the Australian court system, without having to go through the credit report agencies? I ask because I am presuming that doing it this way will not advertise your activities to creditors - surely the courts have rules on who they give information out to, and an individual is legally entitled to get information about judgements against him or her in the court system.

 

Any thoughts?

 

I emailed the court directly (in the appropriate jurisdiction based on where I lived) and they promptly answered my question - verifying there were no court judgements against me. You can use this method, or access your credit report online using your last known address in Australia.

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The benefit of a credit file is you have a definitive date that the default was listed. As I found much to my benefit, having an old credit report available with such information soon put an end to a second duplicate listing by Credit Corp. Yes, they did a dirty trick, what a surprise. In all the debt was listed three times. We await the Privacy Commissioner's final outcome, but a recent telephone conversation confirmed that poor old Credit Corp are up to their neck in it.

 

And rightfully so.

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Brilliant, thanks so much. Will do that and try and put my last address in, although I wonder how it will work if I am paying with my UK debit card. Will try it anyway. Just a point for those out there reading this too, I contacted the Magistrates Court in the state where I lived last night. I emailed them and told them my situation. I was very honest with them. I said Credit Corp were chasing me for a debt which I did not acknowledge. I gave them my full legal name and the last date of contact from Credit Corp and asked them to tell me if a judgement had ever been made against me. I just got back an email from (it's wonderful they are working while we are asleep with none of this bank holiday nonsense :) and they said they did a search on me and no judgement has ever been made against me. Phew!!!

 

I did an extensive search last night and found out that county court judgements for unsecured debt with credit agreements such as credit cards are made through the magistrates court. I checked it through the county court in my former state, because being called a county court judgement you would think it would be passed down through the county court, but no it is through the magistrates court - the civil section of course, as we are not criminals - ha ha.

 

Will also email the county court too and ask them the same question just to be doubly, triply safe and do the VEDA check.

 

Just to say too - I last made a payment and acknowledged the debt in August 2005 - March must have been a typo.

 

I also wrote three letters last night - one to SD telling them I am reporting them to ASIC and the Solicitors Regulation Authority in the UK; a letter to ASIC and a letter to the SRA. Will post these three letters today.

 

Am feeling very empowered.

 

If anyone else out there needs support and encouragement, please get in touch.

 

Power to the people.

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Brilliant, thanks so much. Will do that and try and put my last address in, although I wonder how it will work if I am paying with my UK debit card. Will try it anyway. Just a point for those out there reading this too, I contacted the Magistrates Court in the state where I lived last night. I emailed them and told them my situation. I was very honest with them. I said Credit Corp were chasing me for a debt which I did not acknowledge. I gave them my full legal name and the last date of contact from Credit Corp and asked them to tell me if a judgement had ever been made against me. I just got back an email from (it's wonderful they are working while we are asleep with none of this bank holiday nonsense :) and they said they did a search on me and no judgement has ever been made against me. Phew!!!

 

I did an extensive search last night and found out that county court judgements for unsecured debt with credit agreements such as credit cards are made through the magistrates court. I checked it through the county court in my former state, because being called a county court judgement you would think it would be passed down through the county court, but no it is through the magistrates court - the civil section of course, as we are not criminals - ha ha.

 

Will also email the county court too and ask them the same question just to be doubly, triply safe and do the VEDA check.

 

Just to say too - I last made a payment and acknowledged the debt in August 2005 - March must have been a typo.

 

I also wrote three letters last night - one to SD telling them I am reporting them to ASIC and the Solicitors Regulation Authority in the UK; a letter to ASIC and a letter to the SRA. Will post these three letters today.

 

Am feeling very empowered.

 

If anyone else out there needs support and encouragement, please get in touch.

 

Power to the people.

 

It will be interesting to see what SD come back with ... no doubt more nonsense. Please post it up for our amusement.

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  • 1 month later...

You're close to being statute barred. Stall stall stall. SD know that the risk of recovering the debt is becoming slimmer and the more tasks you throw at them, the prospect of obtaining a commission by obtaining judgment makes the effort worth less and they will concentrate their efforts elsewhere. Having said that, the information you request is clearly pertinent and relevant to your defence.

 

I would encourage people, in complete confidence, to email me at [email protected] with details of whether the claim failed, or if a settlement was reached, what the amount paid vs the amount requested was so that the statistics can be published on http://www.creditcorp.net.au anonymously so that others know what their bargaining position is.

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Just an encouragement to people on this thread. I stalled SD/credit corp here in the UK for almost 18 months till things were statute barred. Credit Corp are a bunch of absolute gangsters, and Westpac are incompetent liars. They sold the credit card debt after I had come to a repayment arrangement with them and was happily meeting the arrangement.Westpac are idiots. If they hadn't sold the debt for pennies in the dollar to these gangsters, they would be fully paid up now. Useless the lot of them.

Edited by cerberusalert
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Hello Jellybinh,

I am interested in how you managed to stall or 18 months. I have a Citi card debt in Oz, which will be SB'd in 12 months. Currently I get 2 calls a week from a chap at Citibank who wants me to call him! I expect that the debt will eventually get sold on when they get bored of my non-response. I would like to get some tactics ready for when Creditcorp come calling

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  • 6 months later...

Hi Minky

How did you get on with these people? They are hounding me now. I would love to get my hands on your complaint letters. Looks like i will have get some complaining done.

Please advise if you can

http://www.consumeractiongroup.co.uk/forum/showthread.php?335646-Stevensdrake-Solicitors-and-Credit-Corp-pty

Edited by natashacat
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