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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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Credit Corp Chasing Old debt


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In 2004 I left Australia & returned to the UK.

 

I had an Australian Virgin Credit Card & provided them with my address & contact telephone numbers in the UK.

I continued to make payments from my Australian bank account until it was closed in September 2004.

 

I contacted Virgin by telephone & post to ask how to make payments from the UK, no response was received.

Correspondence & statements from Virgin also stopped.

 

In October 2009 I received correspondence from Stevensdrake solicitors saying my debt had been sold to Credit Corp

and they were demanding full & immediate payment of the debt which had risen to $7208.62.

 

I managed to agree with them that I pay £100 a month but they then wanted it increased to £500 which I couldn't afford.

The statements they sent me were irregular and incorrect and they became very threatening.

 

I stopped making payments in 2010 and eventually in 2012 after involving the Australian FOS etc

Credit Corp agreed that I could pay the original debt of $3882 minus what I had paid in 2009/2010 in £100 monthly instalments

and I gave them my card details to make the payments.

 

They never actioned the payments and are now again asking me to pay the debt in full which is now over $8000 again.

 

As the debt is from Australia and from 2004 do I still owe this debt?

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Ouch... Honestly we dont condone debt avoidance, but... If they arent playing ball, then stop paying.

You are in the UK. Different laws apply here. Its commonly known that its very difficult to enforce cross territory, let alone across continent.

 

Theres not much they can do... So I would suggest not giving into them,.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Thanks for the response, I'm just frustrated that this is gone on for this long when I've tried to make payment arrangements. They are calling me every day on my mobile at 6.30am and calling me at work as when I never gave them my work number. I want to resolve this so that I don't live in fear of their threats but I can't pay in a lump sum.

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Telephone harassment letter in the CAG library

Add a polite rmeinder that you are currently resident in the UK and therefore protect form harassment from the UK legislation.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Thanks for the response, I'm just frustrated that this is gone on for this long when I've tried to make payment arrangements. They are calling me every day on my mobile at 6.30am and calling me at work as when I never gave them my work number. I want to resolve this so that I don't live in fear of their threats but I can't pay in a lump sum.

 

Unfortunately Stevensdrake Solicitors have issued UK county court claims on behalf of Credit Corp. Due to some case back in around 1970 which set a precedent, foreign creditors can use UK courts, if the debtor is resident in the UK.

 

Here is a thread you need to see.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378249-Australian-credit-card-debt-credit-corp-Stevensdrake%281-Viewing%29-nbsp

 

You need to start making complaints to the regulators in Australia about this to create a dispute in writing. If there is anything ongoing about this debt e.g a complaint, it seems to delay UK courts wanting to get involved. You could complain about the harassment and Credit Corps Soilcitors chasing for an incorrect amount.

 

In regard to the debt and whether this is subject to statute of limitations, it would be a period of 6 years (3 years in Northern Territory) without payments or written admission to owing it. So from your post, it does not appear that you have had a relevant period without making payment.

We could do with some help from you.

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Thanks for the clarification, I did complain to the Australian FOS but to be honest they weren't very helpful

and just kept saying that I should try and resolve with Credit Corp.

 

I thought I had and we had an agreement in place then

the woman I was dealing with went on maternity leave and now it seems to have started from scratch again with the threats etc.

 

They even miraculously had the wrong email address after always having the right details in the past which was their excuse for calling me at work.

They are now saying that too much time has passed for them for the repayment agreement to be honoured

and that I have to pay in full on a one off payment.

 

I've also found that whenever I've asked them for an accurate statement of payments etc that they are unable to do so.

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Thanks for the clarification, I did complain to the Australian FOS but to be honest they weren't very helpful and just kept saying that I should try and resolve with Credit Corp. I thought I had and we had an agreement in place then the woman I was dealing with went on maternity leave and now it seems to have started from scratch again with the threats etc. They even miraculously had the wrong email address after always having the right details in the past which was their excuse for calling me at work. They are now saying that too kmuch time has passed for them for the repayment agreement to be honoured and that I have to pay in full on a one off payment.

I've also found that whenever I've asked them for an accurate statement of payments etc that they are unable to do so.

 

In your position, I would probably make a complaint with the Aussie authorities again. If you don't do this, you are risking getting a court claim through the post and then it might be a bit late to start creating a dispute.

 

Or you can try to negotiate a settlement. They might accept a 'without prejudice' reduced full & final settlement offer.

 

With a debt of this amount, if they did go to court and got a CCJ which you did not settle, they could try for bankruptcy, when any UK property would be at risk.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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