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    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
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    • Thanks for your reply...much appreciated. Last payment date was December 2018. She had been paying £50/month from July, and they wanted £150/month, despite my partner losing her PIP (which was eventually reinstated after appeal). She stopped paying anything after they failed to supply a true copy of the original CCA (which she took out in 1981). Her name and address were different in 1981 due to marriage (and subsequent divorce!). Again, no mention of that in the “reconstituted” agreement which they supplied. Once again, many thanks and we both appreciate you putting time in to helping with this, especially due to the increased financial pressures of Covid on many people who also need your help.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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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?

Edited by Geordie2014
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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

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

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.

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

 

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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

 

If you want advice on your thread please PM me a link to your thread

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