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It is now apparent that it will be practically impossible to enforce a UK debt in Oz


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http://www.consumeractiongroup.co.uk/forum/showthread.php?221573-UK-debt-being-Chased-in-Australia&p=3399672&viewfull=1#post3399672

 

CBeach and others,

 

It's been quite the battle, and some of us have had more fun than others, but Pie & Beer have been soundly thrashed. All cases have been dropped, the Privacy Commissioner has refereed all its cases to ASIC who are investigating these fraudsters. Some of us are still finalising our compensation claims against Pie & Beer, others have already settled and received our cheques.

 

Before all this started, nobody had tested whether UK credit agreements were still covered under CCA if the defendent was resident in Oz. Pie & Beer tried to claim that the debts were covered under Oz law. FAIL

 

It is safe to say that UK debts will not be enforced in an Australian Court. Pie & Beer tried this. FAIL

 

It is an offence under Australian Law for a creditor to threaten to take an action against a debtor that they are not entitled to take. If anyone is threatened by a DCA or creditor with court action for enforcement of a debt covered under UK CCA immediately file a written complaint with ASIC.

 

If anyone has paid money to a DCA , especially Pie & Beer, as a result of threats of legal action where the debt is covered by the UK CCA, file a complaint with ASIC.

 

Pie & Beer, along with other DCA rely on defendents being ignorant of their rights. Thanks to the CAG Forums, and others, ordinary people have come together to share knowledge and stand up to the thugs and conmen. Pie & Beer thought they could bully us but came away with a bloody nose (and a lighter wallet). The real damage will be inflicted by ASIC who now have enhanced powers to deal with rogue DCAs who choose to ignore the law.

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  • 1 year later...

It's been quite the battle, and some of us have had more fun than others, but Pie & Beer have been soundly thrashed. All cases have been dropped; the Privacy Commissioner has refereed all its cases to ASIC who are investigating these fraudsters. Some of us are still finalising our compensation claims against Pie & Beer, others have already settled and received our cheques.

 

Before all this started, nobody had tested whether UK credit agreements were still covered under CCA if the defendant was resident in Oz. Pie & Beer tried to claim that the debts were covered under Oz law. FAIL

 

it is safe to say that UK debts will not be enforced in an Australian Court. Pie & Beer tried this. FAIL

 

It is an offence under Australian Law for a creditor to threaten to take an action against a debtor that they are not entitled to take. If anyone is threatened by a DCA or creditor with court action for enforcement of a debt covered under UK CCA immediately file a written complaint with ASIC.

 

If anyone has paid money to a DCA, especially Pie & Beer, as a result of threats of legal action where the debt is covered by the UK CCA, file a complaint with ASIC.

 

Pie & Beer, along with other DCA rely on dependents being ignorant of their rights. Thanks to the XXX Forums, and others, ordinary people have come together to share knowledge and stand up to the thugs and conmen. Pie & Beer thought they could bully us but came away with a bloody nose (and a lighter wallet). The real damage will be inflicted by ASIC who now have enhanced powers to deal with rogue DCAs who choose to ignore the law.

:mad2::-x:jaw::sad:
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  • 2 years later...

Legal rights when dealing with debt collectors

 

Quote
Under the Australian Consumer Law, a debt collector must not:

•use physical force or coercion (forcing or compelling you to do something)

•harass or hassle you to an unreasonable extent

•mislead or deceive you (or try to do so)

•take unfair advantage of any vulnerability, disability or other similar circumstances affecting you (this may amount to unconscionable conduct).

 

These laws also apply to a debt collector’s conduct towards your spouse, partner, family member or someone else connected with you.

 

Make a formal complaint if a creditor or debt collector misleads you, threatens you or is abusive.

 

For more information : - Australian Competition and Consumer Commission

 

Australia - Dealing with Debt and Fair Practices.pdf

 

 

Before Printing the PDF TIP

 

If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:

 

Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).

 

Note: This will save you Ink & Paper

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Statute Barred Debts in Australia

 

 

National , territory and state law regulates debt collection in Australia. The statute of limitations is the law that sets the time limit based on a specific starting period in which legal action to collect debt is permissible.

 

In other words, creditors can only take legal proceedings to recover debt if they meet requirements within the time period set by the statute of limitations in the applicable state or territory.

 

 

 

 

Limitation periods by state

 

The limitation periods for each state or territory are as follows for simple contract debts such as unsecured personal and credit card loans, and for debts that occur after a court judgment.

 

 

• Australian Capital Territory — simple contract: 6 years. Court judgment: 12 years

• New South Wales — Simple contract: 6 years. Court judgment: 12 years

• Northern Territory — Simple contract: 3 years. Court judgment: 12 years

• Queensland — Simple contract: 6 years. Court judgment: 12 years

• South Australia — Simple contract: 6 years. Court judgment: 15 years

• Tasmania — Simple contract: 6 years. Court judgment: 12 years

• Victoria — Simple contract: 6 years. Court judgment: 15 years

• Western Australia — Simple contract: 6 years. Court judgment: 12 years

 

 

 

For more information : -

 

http://infoaviator.org/finance/credit/bad-credit-in-australia/statute-of-limitations-au/2014/11/23/statute-of-limitations-statute-barred-debts-in-australia/

 

and

 

http://asic.gov.au/regulatory-resources/find-a-document/reports/rep-55-collecting-statute-barred-debts/

statute_barred_debts_report.pdf

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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More information

 

In March 2002, as part of the Financial Services Reform Act 2001 reforms, the Government extended ASIC's consumer protection powers in relation to the regulation of financial services and products to include credit. Since that date, ASIC and the ACCC have been jointly responsible for administering consumer protection legislation in relation to the debt collection industry.

 

As a general guide, ASIC's jurisdiction covers situations in which the underlying debt relates to the provision of a financial service, including a credit facility. Debts in relation to the provision of goods and services other than financial services will fall within the jurisdiction of the ACCC.

 

For a detailed explanation about the respective jurisdictions of ASIC and the ACCC in relation to debt collection, download a copy of our joint publication.

 

http://www.asic.gov.au/asic/asic.nsf/byheadline/Contacting+us

ACCC_ASIC_DebtBrochure.pdf

Edited by citizenB

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Australian Information Commissioner

 

 

Credit reporting 'know your rights' series

 

Below is a comprehensive series of 15 privacy fact sheets (26 to 40) which outline what you need to know about how your personal information can be handled in the Australian consumer credit reporting system. Privacy fact sheet 26 provides a 'contents list' for the series.

 

You might also find the Australian Retail Credit Association's CreditSmart website useful: http://www.creditsmart.org.au.

 

 

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Getting legal advice

 

Many people who have legal problems because of debt will not be able to pay for a private solicitor.

 

Free legal aid and community legal services may be able to help in these cases. These services are available in every state and territory.

 

In some courts, chamber magistrates can also give initial advice to people who have had civil proceedings brought against them.

 

Community legal centres

 

Go to the website of the National Association of Community Legal Centres (NACLC) http://www.naclc.org.au/ (look under ‘CLC Directory’) for details of over 160 community legal centres across Australia, or ring them on 02 9264 9595.

 

For an up-to-date list of community legal services you can also look in the ‘Community Advisory Services’ section of the Yellow Pages.

 

State and Territory Legal Aid Commissions

 

 

For more information : - Legal Aid Act

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Australian Government take Debt Collector to Court

 

 

 

 

 

Just for info in case any Aussies on here are being chased by these bottom feeders...

 

Taken from the ASIC Website:

 

Thursday 26 May 2011

 

ASIC has commenced proceedings in the Federal Court of Australia against one of Australia’s largest debt collection groups in relation to their recovery practices.

 

ASIC alleges that Accounts Control Management Services Pty Ltd and ACM Group Limited (collectively referred to as ACM) contravened the Australian Securities and Investments Commission Act or the Trade Practices Act by engaging in misleading or deceptive conduct and undue harassment or coercion while carrying on a debt collection business.

 

ASIC is seeking declarations that ACM engaged in misleading or deceptive conduct, undue harassment or coercion in relation to eight debtors between November 2008 and June 2010. ASIC is also seeking orders restraining officers and employees of ACM from engaging in this conduct in the future.

 

The matter is listed before the Federal Court in Sydney on Friday, 3 June 2011.

 

Background

 

ACM purchases debt ledgers comprising predominantly of credit card, personal loan overdraft debt and telecommunications accounts from financial institutions and telecommunications companies then seeks to negotiate repayment programs with the relevant debtors.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Please

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