stevens drake/credit corp australia

[OZUK]

Hi guys,

I have been reading over these threads with much interest over the past week. My situation as follows and any tips, help greatly appreciated.

 

I have 2 alleged debts in Oz,16 000 au, last contact with original creditor "which bank"was feb 2007. Alleged total of debts by Credit Corp in 2013 is 25000au. They only contacted me about one debt then, they tried to bring the other into the conversation many weeks later.I have not heard from credit corp for 4 years, until now, I have been in the UK since March 2006.

 

Credit corp has entered a county court claim through Stevens drake. I have replied contesting jurisdiction, I have also just made a misconduct complaint against credit corp with asic. I am yet to enter my defence for the jurisdiction, I have a week left to send it in, any pointers or experience in these matters would be greatly received.

 

I have not entered into any dialogue at all with stevens drake. In 2008 I had brief conversations and an email exchange with credit corp. I admitted to nothing on all occasions and I never signed an agreement or paid them any money.

 

look forward to your replys.

[BRIGADIER2JCS]

Hi Welcome to CAG,

 

In England and Wales if there has been no unequivocal wriiten acknowledment of a debt and no payments have been made in 6 clear years the debt is statute barred and cannot be enforced in court.

I am not sure how this affects an ''overseas'' debt, but I will alert the team to see what we can find.

[unclebulgaria67]

I don't think they can take this action in the UK.

 

Here is a similar thread, which may be worth reading.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378249-Australian-credit-card-debt-credit-corp-Stevensdrake

[cerberusalert]

I am yet to enter my defence for the jurisdiction,

You don't enter any defence... you challenge jurisdiction.

[BRIGADIER2JCS]

Is there a Statute Barred defence here if needed?

[cerberusalert]

Any debt would be Statute Barred both in OZ & the UK if there was a period of six years where you made no payment or written admission of the debt.

[BRIGADIER2JCS]

Thank you Cerbs, I was unsure of the Antipodean SB regs.

[OZUK]

Hi peeps,

 

Thanks for the prompt replies. Am I correct in thinking I have to fill out the N244 within 14days, following my acknowledgement of service, having ticked the contest jurisdiction box and is there a fee for this does anyone know?

 

As this case is in review with asic, should I also note this on my N244 form, as well as the statutory limitations? Basically should I reveal all on the N244 form, as to the background of the case, to help them decide on jurisdiction? I thought the more complex the case seems to the county court, the more likely they will find in my favour and not allow the case to proceed? Hope this question makes sense.

 

Also should I inform stevens drake and credit corp of the complaint currently with asic?

 

 

Again, Thanks in advance

[OZUK]

Hi,

 

Yes there would be a statute barred defence, as it has been six years, but credit corp have failed to acknowledge this. It is mentioned in my complaint to asic. In the mean time I have to curb their county court claim, which is no further than the acknowledgement and challenge to jurisdiction. So at this stage I do not know how serious they are, or whether they are trying it on. Their county court claims states, it is out of jurisdiction and the original agreement with the bank had been terminated. But they state the are the assignee for the assignor(the bank).

 

I have never seen any paper work to back up their claims.

 

Cheers

[AndyOrch]

" Thanks for the prompt replies. Am I correct in thinking I have to fill out the N244 within 14days, following my acknowledgement of service, having ticked the contest jurisdiction box and is there a fee for this does anyone know?"

 

Yes OZUK and add any further details as evidence.

 

Regards

 

Andy

[krios]

If you dispute with the aus FOS then they will inform Credit corp of the dispute and they have to pay the fos for the comlaint. They should instruct credit corp to halt any court action until the dispute is sorted.

[OZUK]

Thanks again for info. Just a quick update, complaints have been done to FOS and COSL and credit coorp have been told to stop proceedings. Ball is in their court now. It will delay it many months, now will see how serious they are. Will keep you informed with the outcome.

 

Cheers

[AndyOrch]

Well done OZUK lets see what transpires.

 

Andy

[krios]

Good news.

If it were me i would now put in a request to Credit Corp for ALL information they hold on you as is your right under privacy laws in Aus. They must comply with the the request see http://www.consumeractiongroup.co.uk/forum/showthread.php?265807-More-AUS-debt-being-chased-in-the-UK

For details of what to ask for.

Also request a copy of Credit corps UK debt collection licence. Of course we know they dont have one but to my mind they should if they contact you direct by any method. Either way it will put the wind up them if you tell them they are breaking UK law.

I would also report StevensDrake solicitors to the law society for taking legal action on a statute Barred Debt.

[OZUK]

Hi guys,

 

A quick update on this one. Court action has been stopped by COSL, I have received a reply from CC. Basically they only answered selected items, which prove part of my complaint and they have not provided everything I requested. The figures don't add up, and are totally different from the court claim. I won't reveal too much just yet, but have fired off a response to them and requested again what I had originally asked for and passed the response onto cosl.

 

Will await the reply from CC and the cosl

[cerberusalert]

I can't see them putting up too much of a fight, besides if it's statute barred they will be urinating into the wind & we all know what happens when people do that.

[BRIGADIER2JCS]

:rain:''getting your own back'' cerbs??

[cerberusalert]

Homo Sapiens Non Urinat In Ventum.

[BRIGADIER2JCS]

:jaw:

Homo Sapiens Non Urinat In Ventum.

 

Can you say that on a public forum

[cerberusalert]

 

Can you say that on a public forum

 

Don't see why not when it can be seen in a public street.

 

http://file-magazine.com/citylikeyou/homo-sapiens-non-urinat-in-ventum

[BRIGADIER2JCS]

Don't see why not when it can be seen in a public street.

 

http://file-magazine.com/citylikeyou/homo-sapiens-non-urinat-in-ventum

 

Get nicked if you do it round here:madgrin: