Australian Debt being chased in UK - Help?!

[Geraldinec]

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?

[cerberusalert]

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

[Geraldinec]

Hi I am not sure and no they dont I am not sure what to say or what address to provide i do believe that its illegal for them to threaten me etc?

[cerberusalert]

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

[Geraldinec]

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...

[cerberusalert]

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

[cerberusalert]

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?

[Geraldinec]

Thanks - Again, not made a payment since 2007 its approx 35000 australian dollars. No i was in NSW.

[cerberusalert]

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

[Geraldinec]

Thanks so much you have saved my day!

[cerberusalert]

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.

[krios]

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

[Geraldinec]

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.

[cerberusalert]

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.

[Geraldinec]

Thanks Ill get April out of the way and then I am sure, once again thanks a million and Ill be sure to learn from this!

[Geraldinec]

:-(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

[krios]

Can I put a complanit into the ASIC even if I owe the money?

 

Yes you can and yes you should.

 

Did you read this thread?

http://www.consumeractiongroup.co.uk...ased-in-the-UK

[Geraldinec]

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!

[krios]

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.

[Geraldinec]

Krios, thanks, I feel 100% better I am ready to face the calls tomorrow, Ill file the complaint immediatley, Ill keep you posted.... Also that website is brilliant!

[Geraldinec]

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!

[cerberusalert]

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

[krios]

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.

[Geraldinec]

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?

[cerberusalert]

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