Letters received

[steveab1]

Hello All,

 

I have today recieved two letters.

 

The first one is from AIC of Glasgow, claiming that the balance of £3002 has been assigned to them from Natwest Card Services. They kindly said that the account is frozen and no charges for interest or solicitors fees will be added. The heading of the letter "Out of Court Settlement". Do they now own the debt, or is it still owned by Natwest?

 

The second letter is from Nelson Guest & Partners Solicitors of Sidcup. They are instructed by Westcot Credit Services Ltd acting on behalf of Lloyds TSB in connection with £6788 owing. Same question as above have they sold the debt?

 

The above debts are both credit cards taken out in the UK Many years ago. Both companies have my New Zealand address where mail is then forwarded.

 

I would appreciate any advice that anyone can give and what action if any to take.

 

There are no CCJ'S against me in the UK.

 

Thanking you in anticipation.

 

Steveab1

[Crocdoc]

Personally I would bin them as there is virtually nothing they can do other than practice their speciality, MAKING THREATENING NOISES.

 

If the debt has been assigned, then it has been sold.

[cerberusalert]

Is there a period of six years where you have not made a payment or written acknowledgement of the debt?

 

If so it is Statute Barred and they cannot take enforcement action anywhere.

[steveab1]

No have only recently stopped paying 3 months or so.

[cerberusalert]

The reason they are offering an out of court settlement is because they know that it's extremely difficult and expensive for them to take any legal action in NZ and if you had no assets they would be throwing their money away in any case.

 

They cannot obtain a judgement against you now in the UK because you are a non resident here, so they would have to do it in NZ using UK law.

 

What will more than likely happen is after a few more threatening letters they will pass/sell the debt on to a DCA in NZ.

[steveab1]

Thanks for the advice.

[cerberusalert]

The above debts are both credit cards taken out in the UK Many years ago.

Was there any PPI included in these and have there been unfair charges added over the years?

 

If so you can reclaim them + statutory interest which would reduce the amount. Plus you could send them a CCA request for them to provide a copy of your original agreement, if they can't do that it will be game over for them in any case.

[cerberusalert]

If they were daft enough to try and bring any legal action in NZ you could plead that a NZ court doesn't have the jurisdiction to here a case covered by the UK Credit Act (CCA 1974) as was successfully done in OZ.

[citizenB]

One or more of them are also breaking OFT guidelines as the account cannot be passed on to more than one agency at a time.

 

You say that AIC and Wescott (through Nelson Guest) are chasing this debt. NatWest can only instruct /sell to one DCA.

[steveab1]

Citizen B

 

Nelson Guest Solicitors have been instructed by Wescot acting on behalf of LLoyds TSB in connection with outstanding balance. Hope that clarifies things.

 

Cerberesualert

 

Don't think there has been any unfair charges etc. Should I send for a CCA to Wescott and AIC or the original creditors ie Natwest and LLoyds TSB ? Ps I know you know my IP address should I still continue with NZ ?

[cerberusalert]

Send it to whoever is chasing you.

[cerberusalert]

A SAR to the original creditors would throw up if there are any unfair charges and PPI but they cost £10. It might be easier if you still have contact with someone in the UK to let them do it on your behalf but giving your NZ address. they do not need to sign your name they can print it.

[steveab1]

Hello all,

 

I have today received a FINAL NOTICE from Allied International Credit UK that they are preparing to transfer my account to their legal representatives in the country I live (New Zealand).

 

Firstly I notice that their still quoting Natwest Card Services as their client - does that mean that Natwest still own the debt ? or does AIC now own the debt? Also they say my account will incur additional charges and will be added to the balance. Can they do this ?

 

Is there any way I can check for any CCJ'S taken out illegally in the UK without giving my credit card details to one of those online credit ref agencies?

 

Thanks in anticipation of your help.

[bazaar]

Are you planning to return to live in the UK? If not, dont worry about any CCJ in the UK, If you ever returned, then you can have them set aside due to being non resident at the time. And they know it.

If it were me, I'd wait until their 'legal representatives' got in touch. you can then use NZ laws to make them prove any debt. ( A long winded process I am sure)

[cerberusalert]

Firstly I notice that their still quoting Natwest Card Services as their client - does that mean that Natwest still own the debt ?

Probably yes.

Is there any way I can check for any CCJ'S taken out illegally in the UK without giving my credit card details to one of those online credit ref agencies?

http://www.trustonline.org.uk/ which costs £8 & you would have to search using your previous addresses. Given that AIC are chasing it is highly unlikely that a CCJ has been obtained tho'.

[steveab1]

Many thanks Cerberusalert, will update as things unfold.

[steveab1]

Have just received a letter from AIC (UK)Ltd, They say they are reviewing my file to see if there are any further action is warranted.

The next paragraph states "EARLY SETTLEMENT OFFER" They are offering to reduce the debt by 25% to 3k, why are they being so kind? I thought these debt collector types were nasty pieces of work.

 

One thing that is a bit worrying is that they quote the client ref name as RBS but I thought I owed Natwest so that is confusing.

 

Do you think they own the debt or are they still working for Natwest / RBS ?

 

I won't be contacting them as my address is NZ and I believe from looking at this forum that it will be difficult for them to take any action. I know they're being such sweeties by offering 25% but I will have to decline their offer.

[cerberusalert]

why are they being so kind?

Because they know they have less than a snowball's chance in hell of getting the full amount through the legal system & it will be too expensive to try and pursue in NZ with no guarantee that they will be paid or you have any assets.

 

One thing that is a bit worrying is that they quote the client ref name as RBS but I thought I owed Natwest so that is confusing.

They are all the same banking group now.

 

Do you think they own the debt or are they still working for Natwest / RBS ?

It is likely that they are acting for another debt collector who has bought the debt. if they were acting on behalf of RBS I doubt they wouldn't have the authority to offer a discount.

[steveab1]

Thanks for the info

 

Kind regards