Jump to content


  • Tweets

  • Posts

    • Sorry DX my over excitement or annoyance. On this bank of Scotland credit... Taken out 2003 defaulted and sold to Cabot around 2006. Been paying them £5 a month upto July 2016. Then on advice...thanks DX...CCA to them. Normal response no information available,will be in touch again in 40 days. Out of the blue Jan 2021 reiterated balance outstanding. I explained about my CCA request back in 2016 and they could not find anything. They then advised they would investigate and to give them 16 weeks. Out of curiosity today rang them..about 15 weeks. Advised they had a an agreement for the card. As yet nothing in the post. Hope that makes more sense🙂
    • Thanks BankFodder for your help. I will just wait for mediation process to begin and then take it from there, using the advice and guidance on how to go about mediation from previous cases in this forum.
    • Hi dx I was working agency work at that time and very unreliable.   papayoo
    • And presumably it has been thoroughly checked out mechanically. You're confident that you have identified all the defects. Your situation is this: You can certainly bring a County Court claim against the dealer and on the basis of what you say, you will probably win. Under ordinary contract law, it might be considered that the breach of contract is not overly serious and you have not been deprived of substantially the whole benefit of the contract. On that basis you would more likely to be awarded a sum of damages to reflect the reduced value of the vehicle had it been correctly advertised. Under ordinary contract law, the breach would have had to be so serious that it could be said that you had been deprived of substantially the whole benefit of the contract. This is what is called in law – a fundamental breach – and this would allow you to treat the contract as terminated. This is where you find a difference between ordinary contract law – the common law of contract – and the statutory rights provided under the Consumer Rights Act. Under the Consumer Rights Act, because you have identified a defect and asserted your right to reject within 30 days, then you are entitled to reject the entire contract simply on the basis that the vehicle is not of satisfactory quality – even though you have not been deprived of the whole benefit of the contract because you are still driving the thing around. In other words, the car is not up to the standard that you would expect considering all the circumstances – and particularly in view of the price – about £26,000, even though it is generally speaking a working vehicle. This is why you are better off suing under the Consumer Rights Act because I understand that you want to reject the vehicle and you would not be prepared to accept a reduction in price – although you could negotiate this if you wanted. The complicating factor here is the value of the vehicle. If the dealer Hills Prestige of Lymington,  want to stick their heels in, then you will be obliged to bring a County Court claim against them. Where a claim is for a figure less than £10,000, the action is allocated to the small claims track. Small claims track rules concerning costs are that even if you lose your case, you won't have to bear the costs of the winner. In other words each party bears their own costs. This is done to discourage expensive litigation. It doesn't always work because large corporations don't give a fig and they will spend huge amounts of money trying to crush their customers rather than settle claims which are worth a tiny fraction of the litigation costs; all too often they are bullies. Where the claim is more than £10,000 then it gets allocated to the fast track. This means that if you lose the case then you will have to bear a substantial portion of the costs of the winning party. This can act as a real disincentive to litigate. The problem is that some companies use this as an opportunity to intimidate their customer – who is generally speaking a litigant in person – with the prospect of substantial costs in the event that the customer loses the action. This can put a lot of people off very understandably. Your chances of success here are extremely good that you need to be aware that your risk factor if you lost, you might be faced with a fairly high level of costs – which could be more than £5000. If Hills Prestige of Lymington, decide that as part of the litigation strategy they want to intimidate you, then they could litigate in a way which causes obstacles and delays and which incurs greater costs for them and they would do this simply to raise in your mind the spectre that if you were to lose, then you would be liable for a large proportion of those costs incurred. It's a nasty – who-blinks-first – style of litigation. It doesn't always happen but it can do. Conversely, if you brought this action and you wln then they would have to pay your costs. Perversely though, because (I imagine) you would be bringing the action yourselves, you would only be able to recover your costs at a litigant in person rate which is currently about £18 per hour. I say it's perverse because if you decided that you wanted to employ lawyers to represent you, they would be able to recover their costs at the professional rate. It's also perverse because even though you might decide to try and save money and incur only litigant in person costs, if you lost the action you would have to pay the dealer's costs at the professional way of their legal representatives – assuming that they used professional legal assistance. If you wanted to bring a legal action then we can help you all the way although of course it would be you who would be going to court. We would simply be advising you and helping you to draft your documents and advising you on strategy.  
    • Yes no indication that it was a private sale until we asked for our money back under right to reject. With regards to repairs, the only outstanding defects seem to be slight misalignment of ns wing, overspray on components inside engine compartment, but we were able to find out some of the parts replaced from Toyota, such as ns wing, bonnet, front bumper, front grill, A/C radiator, inner flitch plate which is poorly finished and front bumper support. That doesn’t count as Immaculate to me.
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

  • Recommended Topics

Australian Debt being chased in UK - Help?!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3277 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Please can anyone help me? I lived in AustraliaFrom 2003-2007 whilst there I got myself into bad debt. I returned home to the UK and myrelationship broke down and I was diagnosed with depression. In short I failedto keep up with payments to my Australian Debt and have not contacted themsince.

They have now caught up with me and are calling my new place of work andbeing very aggressive.

Whilst on a call to a work colleague they mentionedmy young son and that they were calling my husbands place of work.

I am incredibly frightened as I have just started a new job and amworried what they will think.

I am scared for my Son and my husbands place ofwork. I fear this will make me ill and I dont know where to turn? I have nomeans of paying the money and I don’t want to speak to them as I am scared canyou help me please?

Link to post
Share on other sites

Who is the debt collector & do they have your address other than work?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites

It is illegal to make threats and there are guidelines they must follow. If they are Oz debt collectors it is a big no-no to contact your employer see; http://www.consumeractiongroup.co.uk/forum/showthread.php?307717-Fair-Debt-Collection-Practices-In-Australia(1-Viewing)-nbsp

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites

Thanks, so When they call do I tell them they have the right number or see citezens advice? Really not sure whether to tell them they have the right person incase of whet they do...

Link to post
Share on other sites

You are under no obligation to speak to them let alone give them any information. If they continue to 'phone & they are an Oz DCA make a complaint to the ACCC http://www.accc.gov.au/content/index.phtml/itemId/142 and the ASIC http://www.asic.gov.au/asic/asic.nsf/byheadline/Contacting+us

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites

If they are an Oz collector you will have to use the Oz authorities to deal with them. If UK based a complaint should be made to the OFT via Trading Standards.

 

When was the last time you made payment on this debt & roughly how much is it?

 

Did you live in the NTs?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites

As long as you don't make a payment or written acknowledgement it will become Statute Barred in a year.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites

The Statute of Limitations begins one month after you last made a payment & as long as you don't make a written acknowledgement or payment for a period of six years it becomes Statute Barred & they cannot take any action against you.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites

How did they find you? Are your details listed on any social network sites like linkedin or facebook?

 

If they call again refuse to answer any security questions on security grounds :-)

 

This is a good thread to read as regards a dca contacting someone at work

http://www.consumeractiongroup.co.uk/forum/showthread.php?265807-More-AUS-debt-being-chased-in-the-UK

 

In the case above the DCA was Credit Corp

Link to post
Share on other sites

Thanks Guys!

I have just found my Passport and I left Australia in April 2006 therefore Ithink in one week the debt is SB?

If this is the case do you suggest that I tell them when they call as 6 years have passed without any payments or contact or willthey just stop calling?

I guess the question is when can you admit who you are and quote the law tothem?

The company is Credit Corp. And once again thanks for your help on this.

Link to post
Share on other sites
I have just found my Passport and I left Australia in April 2006 therefore Ithink in one week the debt is SB?

 

The SB clock starts one month after the payment became due. So if you last made a payment in Feb 2006 it would be SB March 2012.

 

If this is the case do you suggest that I tell them when they call as 6 years have passed without any payments or contact or willthey just stop calling?

 

It would be best to ignore them until you are certain it's SB.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites

:-(Well they have raised their game, calling work, asking for my boss, then calling my sisters boyfriends parents, this is beyond harrassment, they have also emailed me at work offering a reduced payment plan etc.

 

Do you know if I reply to the email am I acknowledging the debt? I also need to be ready to answere the phone tomorrow (they call in the mornings as Oz time) and am not sure what to say as I want to quote the law? Can I put a complanit into the ASIC even if I owe the money? Sorry...... Very distressed and embarrased now its getting me down :-(

Link to post
Share on other sites

Thanks and yes I did, very useful, I am still not clear on whether I can lodge the complaint while I owe the money but as you say I can so I will do this ASAP.

 

I am worried that if I lodge the complaint then this tells Credit Corp who I am and that I acknowledge the Debt, is this the case?

 

I have also found a template letter to respond to chaser emails regarding the SB status of the debt would you suggest I send this - even though I cannot be sure if the SB applies or not although it will apply within 4 weeks!

 

Thanks - Again!

Link to post
Share on other sites
if I lodge the complaint then this tells Credit Corp who I am and that I acknowledge the Debt, is this the case?

 

 

No, any acknowledment MUST be signed by you (Aus law).

 

 

Just deny and deny and put in ALL mails that you do not acknowledge the alleged debt. Also never sign anything. In the mean time you can reply to one of their emails telling them that you HAVE reported their collection activities to the ASIC and to the office of the privacy commissioner. Also that they have never had your permission to send emails to you. Also mention that you have put in complaints to the UK office of fair trading about their illegal activities in the UK as they do not hold a UK credit licence. Tell them you are about to file a dispute with the Australian financial ombudsman (that one costs them money) and you are going to request ALL information that CREDIT CORP hold on you, and you will be requesting a copy of their credit licence for the period of the alleged assignment. Even if you don't do anything they will know that you are going to fight back and do know your rights.

Credit Corp in my opinion are Australia's worst parasites and one of the worst offenders for breaking collection guidlines.

Take a look www.creditcorp.net.au/index.php and maybe ask the guy who runs it to take a look at your thread here. He is a great guy to have on your side.

 

Just remember if you fight back and fight hard they will soon leave you alone. DO NOT worry too much and remember their intimidation is intended to wear you down in the hope you admit to the debt or make a payment just to shut them up.

Link to post
Share on other sites

Hi juat thought Id let you know that I send the complaint to ASIC and I responded to the email, I have recieved no calls at all today! Thanks again for all your kind support and assistance, Fingers crossed!

Link to post
Share on other sites

That'll put a spanner in their works. Now they know you mean business and you know your rights they should start easing off.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites
Hi juat thought Id let you know that I send the complaint to ASIC and I responded to the email, I have recieved no calls at all today! Thanks again for all your kind support and assistance, Fingers crossed!

 

Your so close to being staute barred that they would try anything to get a responce from you and maybe a payment that would reset the clock. They might well call again so expect it, but now your well armed. :-)

Let us know how you get on.

Link to post
Share on other sites
  • 1 month later...

Well just thought I would update you - All has been quiet since the above and today my husband and a work collegue get a call from a 'crystal' claiming to be an old friend asking very personal questions. They havnt called my phone since I sent the email and I have since complained to ASIC, I am now situe Barred and they keep calling? Is this normal?:razz:

Link to post
Share on other sites

They shouldn't be calling at all, complain again because they are in breach of ASIC guidelines. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...