Credit Corp chasing me in UK

[creditcorptrouble]

Precisely. They cost about $10,000 and have been redundant since the new NCCP Act came in just a few months later - It gave me a good giggle to know that I'd may then pay up some cash - No wonder they hate me so!

[S1000]

Thanks guys, I will send out the next letter in a couple of days highlighting these points......Is there anything else I should be doing ? As usual all the advice has been extremely useful.

[creditcorptrouble]

It'll be interesting to see how Stevens Drake justify their client asserting they can do something that they weren't licensed to to do. Don't forget the licence is not retrospective - there's a big black Credit Corp black hole out there - check your date of assignment folks.

[S1000]

Should I make a complaint of some description. Can a debt collection agency persue a debt knowing that they are not licenced to do so. I would imagine there are some people out there that are not aware of such requirements and may be falsely lead into some kind of negotiation. Does this not fall into deception..........Are there people out there that have settled a debt that they should not have, in these cases can these people attempt to claim back !!!The banks are handing back cash to customers that were miss sold financial products....Maybe the unlicensed debt collection agencies should be digging into their pockets.... If I wish to make a complaint who should I complain to........Thanks............

[creditcorptrouble]

If I had a debt that fell into the unlicensed period I would simply be writing: I enclose herewith copy correspondence from NSW Police dated 18 August 2009 which confirms that your client was not licensed to collect debts, including assigned debts, during the period that the alleged debt that you are pursuing was assigned to your client. In the circumstances, on what basis do you maintain that your client holds good title to this debt? I confirm that the NSW Police correspondence will be put before the Court on the question as to whether the claim has any basis at all, given that your client does not hold title to the debt as they were acting illegally at the time of assignment. I confirm that I will seek indemnity costs in respect of any proceedings issued, given the clear illegal actions of your client.

[panic57]

That is fascinating!

 

So could you complain to ASIC if you had evidence that collection activity was happening whilst they were unlicensed?

 

Whilst this doesn't dispute the debt itself would it invalidate assignment? Pretty interesting stuff.

[creditcorptrouble]

My view is the assignment could be invalid, but I was unable to argue the point because my assignment fell outside the relative dates - I do wish someone would argue the point!

[S1000]

Hi Credit Corptrouble. Hope you are well, I sent a letter back to Steven Drake stating they do require a licence and re sent the NSW police letter stating credit corp did not hold a licence.Steven drake came back with…..Credit corp are not continuing to carry on with debit collection activity on behalf of others as it is their debt…..am I right in it is still a purchased Debt so they do need a licence…..They also said the NSW police letter is irrelevant as I was in Western Australia not NSW.What would you advise I send back. What are your thoughts on the fact I was in Western Australia.The corresponance is getting very tedious, I say they they need a licence and send evidence they say they dont..they dont really give any more info at all....As usual many thanks in advance.

[krios]

Sounds to me like Stevens Drake dont have an answer so just coming up with crap to fob you off. Credit corp are in NSW and are the ones claiming the debt and operating out of NSW. You can state that they didnt hold a licence in WA either. The way i read it they needed a licence to buy the debt in the first place.

[creditcorptrouble]

The simple answer is this: their offices are in Sydney, where "assignment" allegedly took place. I'm in Victoria and the NSW Police correspondence confirms that they did not hold the requisite licence at the time. If you want to rattle Steven Drake's cage, suggest that you have a preliminary on the issue as to whether the assignment was valid under NSW law. Put them on notice that you will be seeking indemnity costs in the event that they are unsuccessful.

[creditcorptrouble]

And for what it's worth NSW Police confirmed to me on the phone that just because I was in South Australia or Victoria was irrelevant, they are based in NSW. The correspondence is quite clear insofar as it even refers to purchased debts. They're the p00h big time. Keep pushing the point, I'd love to hear the outcome.

[S1000]

Thanks for your responses guys, as usual very helpful. I will put together a letter and fire it off this week. If I want to put together some complaint letters where is the best place to start? Are Steven Drake acting illegally, Credit corp obviously were.....should I be putting in complaints against Steven Drake and Credit Corp? Any other advice or recomendations welcome.....Thanks

[krios]

I would be complaining to everyone.

Credit corp via the asic, and the Australian FOS and others i could find.

Stevens Drake Solicitors at the office of fair trading here in the uk and maybe the law society + The Solicitors Regulation Authority (SRA)

 

Others might suggest more

[BRIGADIER2JCS]

I find it interesting that Australian Police

Forces are involved in this dispute.

[natashacat]

Hi,

Can you please tell me how you got on here with Stevensdake?

They are hounding me now.

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

[William415]

Hi,

Can you please tell me how you got on here with Stevensdake?

They are hounding me now.

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

 

Natashacat,

 

Sorry to hear that you are having to deal with these cretins. Please have a look at my threads - even though I never had to deal with S.D., my battle with Credit Corp was won due to the good advice I received from this forum.

 

Please follow these general guidelines in dealing with this, and it will soon be over:

 

1. NEVER, NEVER, NEVER respond to S.D. and admit that you owe this money. If you DO decide to communicate with them (which I do not advise) - DENY, DENY, DENY. They have the wrong person; you do not acknowledge the debt; you never had an account with such-and-such company, etc. etc. You get the picture. The burden of proof is on THEM.

 

2. Complain to all and sundry about their tactics (and Credit Corp's). Complain to the Australian authorities (ASIC, FOS, etc.) and the UK regulators. You will find details in my thread. Write to Credit Corp and demand they send you ALL information they hold on you. This will send them running in circles, and cost them a lot of money.

 

3. Always remember: THERE IS NOTHING S.D. CAN DO TO ENFORCE THIS DEBT. They are bullies - they will scream, yell, threaten, and throw a hissy-fit ... but the reality is they are POWERLESS. Ignore them.

 

4. The reason they are putting the heat on NOW, is because your debt will soon be statute-barred - and then they are F*CKED. Absolutely nothing they (or anyone else) can do after that point. So your strategy is to DENY, DUCK-AND-WEAVE, COMPLAIN, ETC. until you hit the statute-barred date. Then you can write them a letter and tell them to go F*CK themselves.

 

My debts are all now statute-barred, and my credit is OZ has not been impacted very much. My credit here in the UK has not been impacted at all.

 

Good luck!

 

W

[natashacat]

Thank you for your very helpful and relieving advice

Do you recommend I file a dispute with the aus fos now or wait (I don't want to leave it to late)

[William415]

Thank you for your very helpful and relieving advice

Do you recommend I file a dispute with the aus fos now or wait (I don't want to leave it to late)

 

Start the process NOW ... it will slow them down, and prevent them from accomplishing anything until your debt becomes statute-barred.

 

Demand that Credit Corp and S.D. deal with you ONLY IN WRITING. Demand that they not contact your employer or clients - tell them if they do, you will report them to the regulatory authorities. There are laws the govern the conduct of debt collectors - they must abide by these laws, or their license gets taken away.

 

Ignore their stupid deadlines - they are just trying to scare you.

 

Demand that they prove you owe the debt - demand to see the original credit contract, with your signature. Deny you ever had the debt, tell them the have the wrong person, run them around in circles. It can actually be fun when you discover you hold all the cards, and make them scurry around like the rats they are.

 

Good luck and don't worry.

 

W

[creditcorptrouble]

It does seem that those debts that are very close to limitation simply either get issued immediately, or if the documentation is flaxy Stevens Drake try it on hoping for a payment or acknowledgement. After all, if they had a strong case with paperwork to back it up, they'd just come after you wouldn't they?