Pursued in NZ by NZ DCA for UK debt

[yidsdownunder]

Hi

 

Ive just joined the forum, and found this thread, all be it back in 2009. Im in the same situation whereby ive now recieved 2 letters from a NZ DCA, for a CC debt back in the UK.

 

So is it idle threats and should i ignore?

 

They do have my NZ address, so will i expect a knock at the door with a big white van ?

 

What do i say if they ring or come to the house ?

 

many thanks

 

Kiwi

 

 

[cerberusalert]

I've moved your post & created a new thread for you as you had posted on a very old thread.

 

What type of debt is it & roughly how much?

 

They do have my NZ address, so will i expect a knock at the door with a big white van ?

Not without a court order.

[yidsdownunder]

UK CC for about 5k sterling..!

 

Very concerning , letters, threats of legal action, and also it effecting my credit rating in NZ

 

Would an decreased offer be the best option, or just sit it out and ignore

appreciate the advise

 

thanks

[cerberusalert]

If it's a UK debt it should not be on your credit file in NZ. AFAIK they are in breach of the UK Data Protection Act for one thing so I would suggest you get in touch with the regulators there about it also The ICO here in the UK https://www.ico.gov.uk/Global/contact_us.aspx

 

As for them taking legal action, that is highly unlikely as I believe that the NZ courts refuse to hear cases regarding UK debts the same as Oz.

 

Did the original debt have PPI?

Have they added charges?

How old is the a/c?

When was the last time you made a payment or written acknowledgement of the debt?

[cerberusalert]

If your NZ credit file has been marked you need to contact Veda to make an official complaint http://www.veda.co.nz/privacy/ You also need to complain to the NZ Privacy Commissioner http://privacy.org.nz/contact-us/

[yidsdownunder]

Did the original debt have PPI

> sorry what is this ?

 

Have they added charges?

>dont think so, but the DCA said they will start !

How old is the a/c?

>about 15yrs.. left the UK about 6 yrs , ago and made last payment about 1yr ago.. then it got too much to pay off inc interest

When was the last time you made a payment or written acknowledgement of the debt?

 

should i respond to the letters?

 

thanks

[cerberusalert]

PPI = payment protection insurance.

 

said they will start !

They can't add anything.

about 15yrs.. left the UK about 6 yrs

It may be worth sending them a CCA request to see if they can produce a copy of the agreement. With it being so old it has to conform to stricter legal requirements. http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

should i respond to the letters?

Send them the CCA request, see what they can produce. Don't worry they won't be going anywhere near a court. Who is it BTW, Creditcorp?

[yidsdownunder]

Many , Many thanks for the advice ! You dont know how much its appreciated.

 

 

sorry to add, what does the requesting CCA actually do ? and if they do produce, what next

 

thanks

Kiwi

[cerberusalert]

They have to produce a copy of the original credit agreement & that agreement has to contain certain prescribed terms for it to be legal. A lot of agreements from that period were not legally enforceable. Also with it being that old they have to produce the original agreement. After 2007 they could provide a reconstructed copy.

 

It is also possible that the original creditor has destroyed the documents, a lot have. Legally they only have to keep them for six years after the a/c was closed.

[cerberusalert]

As I said, it is highly unlikely they will go anywhere near a court. There is only two ways they could possibly do that, the first is if they already have a CCJ obtained in the UK. They won't have but even if they did they would need to apply to a NZ court for permission to enforce. You could contest that on the grounds that it was originally erroneously obtained because you were not a UK resident at the time.

 

The second way would be to bring a seperate action in NZ, but because it is a UK debt it is covered by UK law and would have to be heard as such even if the NZ were willing to hear the case..... which is unlikely anyway. The cost to the debt collector would be prohibitive especially as they will have paid only about $500 for the debt.

 

I wouldn't be surprised if the next thing you hear from them will be an offer of a reduced full & final payment to clear it.

[yidsdownunder]

Hi

i assume the wording on the CCA is a UK Letter intended for action within the UK.

So me sending this letter from NZ to NZ DCA, do i have to stipulate anything different , or will the DCA get the jist ?

 

thanks

[cerberusalert]

The debt is covered by the Consumer Credit Act 1974, according to the conditions of your original contract it is governed by UK law. Even in the unlikely event that a NZ court were to hear any application it would be done under UK law.