Credit Corp Chasing Old debt

[Geordie2014]

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 July 10, 2014 by Geordie2014
Errors in original

[fkofilee]

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,.

[Geordie2014]

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.

[SabreSheep]

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.

[unclebulgaria67]

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.

[Geordie2014]

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.

[unclebulgaria67]

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.

[Geordie2014]

Thanks I will complain to the FOS again that they have not honoured the settlement that we had agreed.