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Debt from Australia - Credit Corp chasing


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I would be grateful if someone could advise me what my next step is as I am being chased by Credit Corps for an outstanding St George Credit Card.

 

I left Australia in December 2007 and my husband (now estranged) was supposed to continue payment in this credit card and two other loans. He has since done a disappearing act and has not paid off loans. I was first contacted in Oct 2011 by letter at my work (I was still using my married name which is very unusual and easy to trace.) I ignored the letter but they then sent me an email which I responded to say that acknowledged the loan (A stupid thing to do now I have read the forum posts!) but was trying to find my husband who I felt was jointly liable for the loans (although they are in my name). I agreed to call them but then never did. In the email they sent a Notice of Assignment of the debt.

 

I have since been sticking my head in the sand, until I recieved an email from them saying that I needed to pay in full or arrange a payment plan or they will pass my case on to a UK debt collection agency. Again I stupidly acknowledge to debt in an email but asked for time to resolve the matter. They have insisted that I respond to them by Friday or they will pass the matter on and therefore substantially increase the amount I owe.

 

I am about to change jobs and therefore email address and as far as I know they don't have my address or telephone number. I don't have any assets and live with my parents, so paying the debt in full is out of the questions. I worry that if I pay the debt in monthly payments and then the other creditors chase my I will be overwhelmed. Should I ignore the emails, declare myself bankrupt in the UK stating all loans outstanding, ask Credit Corps for further documentation or start to pay of the money.

 

Any advice would be very much welcome as I don't want to make anymore mistakes in dealing with this.

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Hi welcome to CAG, when was this e-mail sent acknowledging the debt?

I'm not sure what a UK DCA could do about this, but I'm sure others will

be able to advise.

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Whose name was the card in, just yours or in joint names & if so who was the main a/c holder?

 

Which Oz State did you live in?

 

Are your total debts under £15K ? http://www.adviceguide.org.uk/england/debt_e/debt_help_with_debt_e/debt_relief_orders.htm

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I take it that the emails were not signed?

In australia as far as i know, to acknowledge a debt in writing it must be signed. Anyone could have sent that email, a family member or someone you know etc If you get my drift.

 

If it were me i would change e-mail address and refuse to give out my address details. If they get a phone number for you they will never stop calling. I wouldnt pay either not at the interest they charge. They will break collection guidlines and will not stop contacting you even if you do make payments. They always want more and more and more.

Did they actually say UK DCA or overseas agent?

You have made the first move by posting here. You will get lots of help and advise.

Credit corp are well known here as are one of their overseas agents.

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Thanks for all the very prompt replies. In answer to the questions:

 

Non of the emails were signed.

They actually mentioned overseas agents I interpreted that to mean UK DCA.

I was resident in Queensland.

I acknowledge the debt in October and last week (wish I had found this forum first!)

The debts are all in my name not joint names.

The total debts would be over $15, 000 but Credit Corps are seeking just over $12,000 for a $8,000 original debt.

 

Thanks for all the initial support.

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To have the effect of re-setting the clock, an acknowledgment must:

be made by the debtor or a properly authorised agent of the debtor;

 

 

be written and signed; and

 

constitute a clear acknowledgment that the debt exists and is unpaid.

 

Whether a document constitutes sufficient acknowledgment of the debt to

 

re-start time can only be determined on a case-by-case basis. However, a

 

written offer to pay part or all of a debt under protest (or a request for

information that implicitly acknowledges the existence of the transaction)

 

 

may not in themselves constitute a valid acknowledgement.

 

 

 

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  • 3 weeks later...

I have received another email from credit corps stating the following:

 

I can confirm your recent dealings with xxxxx in my team regarding this and that it was your intention to make contact with him upon your return to work last week. Sadly this has not happened and xxxx has today escalated the matter to me for the consideration of outsourcing. Our UK agents, Stevensdrake Solicitors, are standing by awaiting my instructions and I must recommend your urgent respnse to this email with a payment proposal. Payments can be made via our website ww.creditcorp.com.au however the amount and frequency will need my approval first.

 

Should I just ignore the email or respond claiming that I have had no contact with his team member and have no knowledge of the debt? Should I ask them to email me proof of the debt. I am about to go away for a month and am worried that this may escalate to court action whilst I am away. At present they only have my work email address (which I am about to leave) but I am sure that UK solicitors would be able to track my address down.

 

Urgent advice needed please.

 

Thanks

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Ignore, they are trying to rattle you into making contact with them that's all.

 

I am about to go away for a month and am worried that this may escalate to court action whilst I am away.
I can only think of a couple of cases where it was escalated to court & it took a lot longer than a month.

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If credit corp only have an email address for you i wouldnt worry too much at this point. We have seen on this forum that Stevensdrake actually return to credit corp if they have no address for you. One poster was contacted by stevensdrake who just said they had the wrong number and two months later credit corp were chasing him again.

 

From all the threads on this forum that i have read its about 6 months after credit corp stop phoning and emailing that stevens drake get involved and thats if they have your address details. Enjoy your month off

 

Just to make things a little harder for them.

 

You could reply to the email requesting credit corps uk credit licence details. As you are about to report them to the office of fair trading in the UK. Something like this.

ALL debt collectors contacting UK residents MUST hold a UK credit licence. NO exception

 

You could also ask for a copy of Credit Corps licence pursuant to Section 26 of the COMMERCIAL AGENTS AND PRIVATE INQUIRY AGENTS ACT 2004 for the period of the alleged assignment. Also as a former resident of Queensland you can request a copy of Credit Corps licence pursuant to Section 357 of the Property Agents and Motor Dealers Act 2000 (Qld). for the period of the alleged assignment.

 

You could also add this.

Regarding e-mail, As you do not have my permission to contact me via e-mail I will be reporting your e-mail server IP address 119.225.68.226 to the main anti spam database organisations as well as an abuse report to Optus for the sending of unsolicited mail.

 

Or you could just ignore and leave them totally unsure that the e-mail has arrived at the correct person.

If it was me i would ignore.

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