Credit Corp chasing

[unclebulgaria67]

They wont apply for a court order in Aus as the OP does not live there and much like the uk if you dont live there you cant get a judgment against a non resident. At least thats the way i see it.

 

I believe that they can use insolvency laws in Australia in someones absence, but they have to arrange to hand serve the papers to the debtors UK address. If they then win in Aus, they can transfer to the UK High Court. Unless the debt amount makes it worth it, they won't bother.

[oz2020]

Even though I'm a Australian Citizen but resiing here you think it be oK?Not planning on returning for 6 years

[unclebulgaria67]

Even though I'm a Australian Citizen but resiing here you think it be oK?Not planning on returning for 6 years

 

I doubt they will pursue you. Wise to keep the debt owner aware of any change of correspondence address, so they can serve any papers. You don't want to to be made bankrupt without your knowledge. For UK debts, somehow people here seem to get made bankrupt without their knowledge.

[oz2020]

OK I explain the whole situation … as your previous comment worried me a bitI hold an Australian and UK Passport The debt I left behind was $15,000 in AustraliaI have not contacted CC since they keep ringing me..but they threatening that they will send the debt to the UK…So you think this could make Bankrupt in UK?Also they have no residential address in the UK for me only work email and personal My plans were just to ignore them and hope they go awayI have no plans of returning to Australia for 6 years or so

[unclebulgaria67]

OK I explain the whole situation … as your previous comment worried me a bitI hold an Australian and UK Passport The debt I left behind was $15,000 in AustraliaI have not contacted CC since they keep ringing me..but they threatening that they will send the debt to the UK…So you think this could make Bankrupt in UK?Also they have no residential address in the UK for me only work email and personal My plans were just to ignore them and hope they go away I have no plans of returning to Australia for 6 years or so

 

You will have to research Aus rules about making people bankrupt in their absence. They may only have a certain amount of time within which they can make the court application. In theory, if they could and did make you bankrupt in Aus, then they could transfer this to the UK High Court. How they could then apply this to UK assets, I am not sure.

 

Perhaps if you are worried about this, you would be best to contact an Australian debt or legal advice line.

 

My reading of this, is that it is possible for bankruptcies to be made in many countries in people absence (subject to relevant rules/time limits) and if there are agreements in place between countries (which there are between Aus & UK), then it is possible after court judgement in one country, for it to be transfered to the other.

 

It will be a case of whether CC want to spend thousands going through the process. For a $15k debt, I doubt that they would bother. If it were a $150k debt, then perhaps they might give it a go.

[krios]

Credit Corp wont go down that route IMO. If they did they risk getting nothing anyway and they wouldnt be able to charge the 18% or so that they are adding to the debt every year. They may ask StevensDrake to put pressure on the OP but if they dont have a UK address then all they could do is call or email. I have seen in the past if they cant contact with ease they just hand back to the credit corp parrasites to try again.

[oz2020]

So CreditCorp has sent an email saying that due to failing getting in contact them my case in being reviewed off offshoring to London.They know where I work but don’t have my personal mobile or home address.Is this email just a threat you think?

[unclebulgaria67]

So CreditCorp has sent an email saying that due to failing getting in contact them my case in being reviewed off offshoring to London.They know where I work but don’t have my personal mobile or home address.Is this email just a threat you think?

 

They may get a UK firm of solcitors/debt collectors to make contact with you. Some people have made a complaint to the Aussie ombudsman and they have told CC to stop any enforcement action. So if you can find reason for complaint it may be worthwhile.

 

As I see it, this UK debt chaser will find your UK address from searching credit records here. So at some point, you may start to receive correspondence. They should not phone a work number, if they know it is a work number.

 

Important. If you ever receive a UK county court claim, there is a box on the form to dispute jurisdiction. If you do this, then the claimant should not be able to proceed further, being that it is an Aussie debt. As I said previously, there is a proper procedure CC can follow, if they really wanted to enforce the debt, but due to the cost/risk of return, they may not bother.

[oz2020]

OK cool thanks for the advice Sounds like things are about to hot up

[oz2020]

Well I have just been pulled into a meeting as they have been ringing my manager continuously from 7.30AM this morning I’m leaving my job so will update my social media profiles

[unclebulgaria67]

Well I have just been pulled into a meeting as they have been ringing my manager continuously from 7.30AM this morning I’m leaving my job so will update my social media profiles

 

Hope you leaving the job, is nothing to do with the phone calls ?

[oz2020]

A little bit but not entirely I have given creditcorp my personal number and asked them to call tomorrow and i advised them I will be forwarding the email onto ACCCI'm not going to have a income so i cant pay

[krios]

Let them know that it was their fault that you now have no job and you are reporting their actions to the ASIC in Aus and the Credit ombusman.

[oz2020]

Yeah I’m going to and then hang up there calling at 8am tomorrow They literally continuously rang my managers manager at 7.30AM till they picked up

[oz2020]

So you think telling CC I’m reporting them to ASIC might do something?Do you think they will stop calling people at my work??

[oz2020]

OK so I feel I’m getting to pointy end in the process and any help would be greatly appreciated

 

 

I rang Credit Corp this morning as they have been ringing various managers in the company I work for asking for me.

 

 

They don’t just ring once its continuous ringing at 7.30AM

I am having to leave my employment

 

 

I rang them and refused to be identified over the phone and told them that there calling has cost me my job.

 

 

They said they are in every right to contact my work place.

They are requesting a lump sum payment and have sent a link and if I can make a payment they will consider a payment plan and this debt is very closed to be offshored. (16,000)

 

 

now I really not sure where to turn now as

 

 

1.I’m going to be unemployed

2.I cant afford to make a lump

 

 

Does anyone have any advice?

 

 

What to do at this stage?

[unclebulgaria67]

Put the complaint in the hands of the Aussie regulators and do not communicate with CC.

 

Get advice about your employers ending your employment. The exact reasons are private to you, but it may be worth seeing a Solicitor that handles employment law cases. If CC phoning your managers constantly had any bearing on your dismissal, you may be able to bring action against your employers and CC. But you need to discuss the exact reasons for your employment ending with someone qualified to see it it is worth pursuing. Many Solicitors will provide a half hour free consultation.

[oz2020]

With the complaint I make against them to the Australian Authorities sorry If I sound stupid but what should I be saying in terms of what I expect them to do about it?

[unclebulgaria67]

You are asking them to put enforcement action on hold, while they are investigating the problems you have had. Just tell the Aussie regulators about what has happened and insist that they take action against CC. It is up to the Aussie authorities to make enquiries.

 

Unfortunately my wisdom does not extend to knowing all the details of your dealings with your original creditors, credit corpse and what the Aussie regulatory rules are.

 

 

As you are a consumer, when you make complaints to any regulator, you are not expected to know all the ins and outs. You just tell them in plain English of your situation and it is up to Aussie regulators to assist with the complaint.

[oz2020]

Thank you so much When I spoke to her today she was just saying make a lump sum payment and we can do a payment plan.I said considering I have no job I can’t make a lump sum paymentIf this debt can’t be transferred to the UK and it won’t affect my credit rating here I should just continue to ignore creditcorp and tell themIm going to do the complaint over the weekend

[oz2020]

OK… So my account has been referred to someone else at CC before the begin court proceedings could anyone shed some light on what has happened when they have been at this stage of the process?

[krios]

My Guess is it will take months before you hear anymore. Lets see what happens next and dont worry too much

[JonnyC89]

Did you hear anything else regarding this?