stevensdrake just sent court claim

[docker1]

thanks krios, I'm feeling pretty ****. From what i've been reading it seems that they might be able to try me in this juristaction. But i am curious to know will a judge take into account personal circumstanes or is it just black and white! I'm just starting my own business and my wife is a student and we have two young children, if thus judgement goes against me, it will potentially leave us bankrupt. Any help please......

[William415]

thanks krios, I'm feeling pretty ****. From what i've been reading it seems that they might be able to try me in this juristaction. But i am curious to know will a judge take into account personal circumstanes or is it just black and white! I'm just starting my own business and my wife is a student and we have two young children, if thus judgement goes against me, it will potentially leave us bankrupt. Any help please......

 

If UK debts cannot be enforced in Australia (and this has been proven) - then how can the reverse be allowed? Personally, I think you have excellent defense options - although I'm not a lawyer. Court date is not until June 30, so plenty of time for others more qualified to come along and offer assistance.Best of luck to you - wish I could help in some way.W.

[docker1]

Can anyone out there help me with one more thing please, Can i set up a tomlin order or is it too late for me to try negotiate a settlement figure? Do i need to set up a tomlin order through a solicitor? Thanks andy advise appricated. Docker1

[creditcorptrouble]

You need to agree a settlement before you can file a Tomlin Order. A precedent can be found at http://www.cedr.com/library/documents/settlement_agreement.pdf - but there is no point in doing so until you reach an agreement. If they are so confident that they will obtain a summary judgment, then they are unlikely to settle for anything but the full amount claimed.

[William415]

Can anyone out there help me with one more thing please, Can i set up a tomlin order or is it too late for me to try negotiate a settlement figure? Do i need to set up a tomlin order through a solicitor? Thanks andy advise appricated. Docker1

 

What's the latest, docker1? Are you trying to negotiate a settlement with them, or will you defend in court?

[William415]

What's the latest, docker1? Are you trying to negotiate a settlement with them, or will you defend in court?

 

Bump.Any news?

[krios]

Bump.Any news?

 

I wonder if Docker was gagged by Stevens Drake as a condition of a settlement. I have heard that they do this. If true i wonder why?

[leelang229]

I wonder if Docker was gagged by Stevens Drake as a condition of a settlement. I have heard that they do this. If true i wonder why?

 

I wouldn't think so. I came to an agrement with them (using a Tomlin order). There were no conditions attached to that.

[monkatron]

I'd be really interested to hear the results of docker1's situation. I am in the same position, receiving calls and letters from SD on behalf of Credit Corp Services for a large Australian Debt.

 

It is a letter that states they have acquire the debt from St. George bank. They explicitly state they offer offers no payment options except cheque or bank transfer to an Australian or British account for the full amount. It isn't a legal demand or threat to issue court proceedings. The last page of the letter has a paragraph that states:

 

"Notes: If you are unable to make an offer we MAY ask you to complete a form of Personal Financial Statement which comprises of the same information that you would have to supply in legal proceedings".

 

This feels like them taking a punt at getting an offer, but I am reluctant to acknowledge the debt with them in any way.

 

In the case of my debt, I lived in Australia from 2001 to end 2007 - I took Australian citizenship just before I left - and 4 months before I left I was made redundant from my job and informed the bank verbally of that (I had redundancy protection on the loan) - the bank department I spoke to were not interested in this and just wanted to know when the next payment was coming in. I left the country shortly after with my wife and child for work and to live. I passed on our address details to the bank and continued to make payments for a while. My circumstances changed coming back to the UK (50% wage cut) and I had to stop payments but have heard nothing from them for 3 years. I don't have anyway of making an offer on even a fraction of this debt that would be accepted - especially since the interest and exchange rate have doubled it, so I'm in survival mode for my family. When I took the loan out it was about £15k - I repayed over £15k on the loan in Australia and they are now demanding £30k. I'm not proud of the situation, nor have I any debt in the UK.

 

Any further advice from on this issue is appreciated - especially from docker1. I have to say that forums such as this and those that take their time to contribute their advice are an invaluable resource to others and much appreciated.

 

Thanks

[krios]

It might pay to start your own thread in the overseas debt forum. I'm sure you will get more help and advise there.

Cheers

[creditcorptrouble]

Howdy - for the sake of us all, what was the outcome of this?

[monkatron]

In the absence of any additional news on the outcome of docker1's case I thought I would keep this thread alive as I am going through the same thing.

 

After being hounded by S&D, I replied stating that I did not recognise the loan attributed to me and requesting they prove it. They sent a snarky letter back but followed up with the loan docs and an NOA 3 months later.

 

The NOA states the loan was acquired within the period that Credit Corp didn't have a license, but I think that is a bit of a dead end reading the forum - perhaps they successfully tested it in court - since they seem to be issuing Court Orders now.

 

I am 100% that I was not sent the NOA - which includes 10k worth of additional interest.

 

My response has been to ask them to prove the NOA was sent and stating that I do not recognise I have a debt with Credit Corp. I had a solicitor look at everything and they confirmed that such debt could be chased from Aus in UK due to reciprocal agreements in law.

 

I am going to contact the original lender though and ask them to confirm that they assigned a debt to a business that had no license to act as a DCA.

 

If it goes to court, I have no assets or cash so it will be a very very long repayment offer anyway. Would love to find out if anyone else has actually gone to court over SD and what the outcome was.

 

One thing I thought was interesting was this from the OFT website:

 

"The Consumer Credit Act 1974 (the Act) requires businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire, such as debt collection to be licensed by the OFT. "

 

The register is online at the OFT website (cant post link yet) and a search doesn't turn up anything for Credit Corp or SD. Surely the activity they are engaged in is debt collecting and as such they need to be licensed by the OFT - if they are not then they are in breach of the Consumer Credit Act right?

Edited October 7, 2011 by monkatron
updating

[krios]

I had a solicitor look at everything and they confirmed that such debt could be chased from Aus in UK due to reciprocal agreements in law.

 

 

 

Can you please get them to quote which agreement they refer too?. A UK debt is not enforceable in aus (where no judgment exists) as shown in the overseas forum sticky so what agreement alows an Aus debt to be enforced here? Maybe try another solicitor?

Edited October 7, 2011 by krios
update

[matecall]

Can you please get them to quote which agreement they refer too?. A UK debt is not enforceable in aus (where no judgment exists) as shown in the overseas forum sticky so what agreement alows an Aus debt to be enforced here? Maybe try another solicitor?

 

Any idea about OZ agreement enforceable in US?

[peteyc]

Any idea about OZ agreement enforceable in US?

 

Hi matecall, Couple of things.. the State you live in is going to be important. Statute of Limitations varies from state to state. If the debt is older then the SOL in your state then they can't pursue you for the debt. What they can do in this case is try and get an Aussie judgement against you and then have it registered in your state (the SOL doesnt apply in this case). Its very unlikely they will try this.

 

US law is pretty strong in this area. You are protected, federally by the FDCPA and FCRA. States often have added protection on top of these and they can only enhance not take away from the Federal laws. You need to start researching at once about what you need to do... If your interested I can send you some links that helped me out.

[matecall]

Hello Peteyc,

Please can you send me the links you have? I was reading about statute of limitations since long time, but really having hard time in understanding which SOL apply s ( AUS vs US).

( I am living in US nearly since 6 years, especially in current state (PA) since 3 years. My state SOL is 4 years for contract agreements. When it comes to US states, each state has diffent SOL, but debtor living state's SOL applies normally. This can be changed if debt contract states, which is highly unlikely. )

[peteyc]

Hello Peteyc,

Please can you send me the links you have? I was reading about statute of limitations since long time, but really having hard time in understanding which SOL apply s ( AUS vs US).

( I am living in US nearly since 6 years, especially in current state (PA) since 3 years. My state SOL is 4 years for contract agreements. When it comes to US states, each state has diffent SOL, but debtor living state's SOL applies normally. This can be changed if debt contract states, which is highly unlikely. )

 

Here's my take on it... and should not be taken as legal advice..

 

The SOL that will apply if action is taken in PA is 4 years. If they decide to take action in Aus then it would be the Australian SOL. As it's over 4 years they cannot take action in PA. If they took action in Aus, they could then attempt to enforce the Australian judgement in a PA court as a foreign judgement, very unlikely as the SOL is just about up in Aus as well.

 

Here's a few questions...

 

Have you received any calls or letters from a US based debt collection agency or just the Australian creditor.

 

If it's only the Aussie creditor then cease all communication with them. You don't have to talk to them in any way at all. Don't acknowledge the debt. If they continue to call you, you can complain to the relevant Australian authority to get them to cease..

 

If you have been contacted by a US based debt collection agency, the rules change a little. If you let me know if thats happened I can explain what I think you need to do...

[matecall]

Here's my take on it... and should not be taken as legal advice..

 

The SOL that will apply if action is taken in PA is 4 years. If they decide to take action in Aus then it would be the Australian SOL. As it's over 4 years they cannot take action in PA. If they took action in Aus, they could then attempt to enforce the Australian judgement in a PA court as a foreign judgement, very unlikely as the SOL is just about up in Aus as well.

 

Here's a few questions...

 

Have you received any calls or letters from a US based debt collection agency or just the Australian creditor.

 

If it's only the Aussie creditor then cease all communication with them. You don't have to talk to them in any way at all. Don't acknowledge the debt. If they continue to call you, you can complain to the relevant Australian authority to get them to cease..

 

If you have been contacted by a US based debt collection agency, the rules change a little. If you let me know if thats happened I can explain what I think you need to do...

 

Thanks for information. Now i have understand that, local law always override foreign law in US. Australian DCA contacted and threatened that they have agents in USA. So far their US agents not contacted me.

I recently talked to lawyer. He suggested to cease all communication with them. He will deal with US agents if they contact me.

Finally, i need to find out what would be the contract term with bank regards to litigation.

Any idea, how it would be Australian bank (especially Commonwealth) terms gernerally?

[peteyc]

No sorry.. I wouldn't know what the terms are for any particular bank. Btw.. I don't know what part of Australia you where in or where this debt is coming from but the SOL of 6 years in NSW, means that not only can they not attempt to take legal action after 6 years, they have to cease trying to collect the debt all together I believe. This applies to NSW debts.