credit corp/Stevensdrake claimform - Aus Card Debt ***WON***

[Rebecca H]

Hi everyone,

I'm new here and have read threads about Austrlalian credit card debt etc but cant see any current ones open.

 

I am being pursued by Stevensdrake. They were acting for credit corp.

 

I left Western Australia in March 2009. My husband & I parted and he went to live in Asia. Our farm was sold last year and everything was paid off apart from my credit cards. The main one was with the National Australia bank with whom we had all our borrowings. I don't now why mine wasn't included as my husbands was settled from proceeds of the sale. I am guessing mine wasn't secured by the property.

 

Credit corp wrote to me, I ignored it.Then I got a letter from Stevensdrake. I got advice from Citizens advice who advised me that they didn't think they would pursue it as it would be costly for them. The next thing was a court summons on 30th October last year. I asked for the original agreements which I received just before xmas and the terms and conditions of the agreements.

 

I have spoken to two solicitors here but neither of them could help. Can anyone advise me as to the best course of action?

 

I don't want a CCJ against me but I can't afford to pay either. I could offer a small amount to settle but the debt has increased so much from the original amount that there's no way I can pay the whole lot.

 

Please, can anyone help!

Edited January 10, 2013 by citizenB

[cerberusalert]

If you received a summons in Oct last year surely the case has now been heard?

[Rebecca H]

No, I filed an acknowledgement of service and asked for the original agreements. This took them some time and then it was Christmas. I have until January 21st.

[cerberusalert]

The only thing I can think of is to challenge the jurisdiction of the UK court. If you check the terms & conditions of your agreement you should find something along the lines of 'This agreement is governed by Australian law'.

[Rebecca H]

On the particulars of claim it says that I had an agreement with them to pay off the debt. I didn't ever agree to anything. The only thing I did was to pay them £50 as they kept ringing me at 5am and sent someone round to my house. It also says that the agreements were entered into out of jurisdiction and therefore unregulated by the Consumer Credit Act.

I have no idea what all this means.

 

I've looked through the terms and conditions and can't see anything about the jurisdiction.

[cerberusalert]

It also says that the agreements were entered into out of jurisdiction and therefore unregulated by the Consumer Credit Act.

They've admitted that it's out of the UK court's jurisdiction.

 

Is the agreement in your name?

[Rebecca H]

yes, they are.

[cerberusalert]

As I understand it because they are applying for this to be heard out of jurisdiction you have to voluntarily submit to the court hearing it. I believe you can contest their application on the basis that it's out of jurisdiction. Hopefully one of the legal wallahs will verify.

[Rebecca H]

I hope so.

[AndyOrch]

Hi Rebecca

 

Could you possibly scan and upload the N1 (Summons) obscure any identifiable data or if not possible type out verbatim the Particulars of Claim the claimants name and address and the Solicitors name and address.The claim has been issued from Northampton CCBC?

 

Regards

 

Andy

[citizenB]

Instructions to post a document are below.. if you have any problems.. just hit the ! in the triangle, below each post and someone will look in and help.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

[Rebecca H]

andyorch said:

Hi Rebecca

 

Could you possibly scan and upload the N1 (Summons) obscure any identifiable data or if not possible type out verbatim the Particulars of Claim the claimants name and address and the Solicitors name and address.The claim has been issued from Northampton CCBC?

 

Regards

 

Andy

yes, it's from Northampton. I'm uploading the pages now. Thanks. Rebecca

[AndyOrch]

Thank you Rebecca.

 

I dont suppose you ticked the " I contest Jurisdiction " whilst Acknowledging the Claim?. You state you have wrote for copies of the original agreement...do you recall ever receiving Default Notices or Notice of Assignment from National Australian Bank to Credit Corp?

Did you request the documents using CPR 31.14?

 

Do you now own property here in the UK?

 

Dont worry about responding tonight we can come back to this tomorrow.

 

Regards

 

Andy

[Rebecca H]

Morning,

I didn't tick that box - [damn]

I didn't receive any default notices from NAB or notice of assignment.

I didn't use form CPR 31.14

No, I don't own anything here, still chasing my husband for a settlement!

Many Thanks

Rebecca

[AndyOrch]

Thank you Rebecca for your response.

 

Pity you did not contest jurisdiction this would have simplified the matter.However read here :- http://www.consumeractiongroup.co.uk/forum/showthread.php?321375-Received-court-summons-from-US-company-for-Milton-Keynes-CC-Help-**-WON-**

 

Normally you would contest jurisdiction 14 days after AoS by way of an application N244 CPR 11.

 

Regards

 

Andy

[Rebecca H]

Hi Andy,

I have read through the thread you put a link to. It's now more than 14 days since I sent back the AOS. Can I still send a N244?

I received an email from Stevensdrake this morning - see below.

"Our client has already allowed an extension on requesting Judgment for a

period far longer than the 28 days mentioned in part 15.5 of the CPR.

Unfortunately, if Judgment is not requested by a certain date, our

client's Claim Form will expire. Judgment will therefore be requested

on 1st February 2013 in the absence of your defence before that date."

 

From what I understand from the other thread, if I file a defence I am under the jurisdiction here?

 

Also, I didn't make any agreement with creditcorp or stevensdrake. I had no knowledge that the debt was going to be assigned and certainly didn't receive anything about assigning the debt. I was living in the UK, but if Credit Corp found me, [i wasn't hiding anyway], then why didn't the NAB. In fact, the NAB had my contact details.

 

I really appreciate the help here as have had no luck with any solicitor I have sought advice from. I just want to avoid a CCJ here in the vague hope that one day I might be able to get a mortgage!

Rebecca

[steampowered]

See http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part11, paragraph 4. An application contesting jurisdiction must be made within 14 days of filing the defence. Unfortunately you are out of time to contest jurisdiction. Also, the agreement may well contain a clause permitting NAB to sue you in any jurisdiction. It is possible to sue in a English court for breach of Australia law if the English court has jurisdiction under a contract.

 

Please tell us what documents you have? Are you able to upload copies?

[AndyOrch]

14 days after Acknowledgment of Service Steampowered not defence.

 

Rebecca you could try an application with an explanation of it being late.The Court will direct but do not submit a defence.

 

Regards

 

Andy

[Rebecca H]

So should I fill out the N244 and send it to Stevensdrake and the court?

 

I will upload copies of what I have been sent now.

[AndyOrch]

Its your only option Rebecca under the circumstances...pity you did not find CAG earlier.They will either accept or decline but they will direct...and if it fails then you could consider a set a side on the grounds of jurisdiction.

 

Just running through the dates 30th Oct claim submitted (33 days + 28 CPR 15.5 ) They wish to request judgment 1st Feb....they may well already be out of time on the AoS but I will check.

 

Would you be exempt from court fees ?

 

Regards

 

Andy

[Rebecca H]

this is the letter I received from Stevensdrake and the NAB terms and conditions. This is all the correspondence I've ever had. The same letter was sent for each f the 3 debts.

 

I'm not sure if I will be exempt . I'll have to look at the criteria. I do receive housing benefit and working tax credit. Its really annoying as my ex earns a small fortune but I can't touch him as he lives in Vietnam.

 

I wish I'd found CAG earlier too!

 

this is all the correspondence I've had.[ Duplicate letters for the other 2 accounts, so haven't uploaded them as they state the same thing].

Thanks

Rebecca

 

[ATTACH=CONFIG]40575[/ATTACH]

 

Hi Andy, I've uploaded the documents. Any info on if AOS will still be valid? If it is, then should I send of the N244 next week?

Thanks

Rebecca

[krios]

See if this thread will help http://www.consumeractiongroup.co.uk/forum/showthread.php?314399-HELP!-I-have-got-claim-form-from-Horsham-County-Court-via-Credit-Corp-Services-P-L-amp-Stevensdrakes/page2

 

The op had all court action stopped by the aus FOS and the ASIC in Australia.

[AndyOrch]

Thank you krios I had forgotten that one:wink:

 

Also Rebecca here is another reference:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?335646-Stevensdrake-Solicitors-and-Credit-Corp-pty

 

Regards

 

Andy

[Rebecca H]

Hi, I've read through this a couple of times and the other link Andy put up. Unfortunately I have sent my AOS back and I'm not near being Statute Barred. I have copied and pasted this as I'm wondering if this should be my next step as well as sending back a N244? ANy comments greatly appreciated.

Credit Corp are a member of

fos

(Financial Ombudsman Service) the online dispute form effectively puts the debt in dispute preventing Credit Corp from enforcing judgement in any court. FOS will contact you in the next week or two for further details of the dispute so start reading up. ASIC (

www.asic.gov.au

) are now the sole regulator for credit card debt. Before Credit Corp can seek judgement it must have done the correct procedure.

 

Your FOS dispute allows you to throw the kitchen sink at Credit Corp. Dispute jurisdiction, validity of the consumer credit agreement, write to Credit Corp for copies all information they hold on you then complain to FOS that it hasn't been provided, inform FOS that no letter of Assignment has ever been received (assignment is only effective from the date it is received by the debtor) this means that Credit Corp are not entitled to make a claim against you, inform FOS that no Section 80 letter has ever been received (which means Credit Corp can't take court action), and anything else you can think of.

 

Until your dispute is resolved Credit Corp will be unable to progress any case against you. Unless Credit Corp has followed the correct procedure all action will be stayed.

 

Be sure to download FOS Terms of Reference to see how Credit Corp will be bound.

 

The icing on the cake is that Credit Corp will have to pay FOS to investigate it

.

I never received a letter of assignment, a section 80 or anything else.

Thanks

Rebecca

[krios]

As for jurisdition its my understanding that all consumer credit accounts are subject to the UCCC which i think states that jurisdiiction will be in the state in which you lived when the account was created. I.E. WA law.

 

If you really want to stir up credit corp have a read of this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?265807-More-AUS-debt-being-chased-in-the-UK

The op had them jumping through hoops