Jump to content


  • Tweets

  • Posts

    • The UK's inflation rate surged to 0.6% in December from 0.3% in November despite Covid curbs. View the full article
    • Fears had grown over the Alibaba founder's whereabouts because of pressure from Chinese authorities. View the full article
    • 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.
    • FAW counts Red Flag limousines, used by China's communist party leaders, among its products. View the full article
    • 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.
  • Our picks

    • 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

Please note that this topic has not had any new posts for the last 2002 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi there

I am looking for some help/advice please

 

I returned to the UK approx 18 months after living in Australia for 4 years in NSW.

I had a couple of credit cards still owing when I left.

 

 

I received a phone call from Credit Corp this morning chasing $7500 on one of the cards (ANZ credit card).

They were really horrific to me on the phone demanding payment in full by Friday this week.

I told them that I couldn't pay this and they eventually offered to set up a payment plan of £400 per month again which again I said I couldn't afford.

 

 

The guy got very angry saying that he needed to secure a payment plan with me today otherwise they would consider handing the debt over to a UK agency.

He finished by saying he would email me my options and needed an answer in 24hrs after I had looked into my financial situation.

Realistically I cannot afford to pay more than £100 per month

after reading some threads on here I wonder what the best course of action can be.

 

 

Would they hand this over to a UK firm?

Is this legal if it is an Australian debt?

 

He also said that if I offered less then £300/month on the payment plan they would need to see my UK bank statements, pay cheques and outgoing etc.

...Are they allowed to ask for this?

 

Thanks guys for any help you can give me.

Link to post
Share on other sites

Lol why are you giving in to these Numpties?

Youve fallen hook line and sinker for them, at least you havent given them any payment details.

 

Let them ring all they want. While we dont condone debt avoidance, we also dont agree with how some companies treat people.

If they do hand it over to a DCA in the UK then, pleas let us know. But you need to say "In writing only", and hang up.

LEt them get angry. You have more power then you think you do.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

dca's either here or from aus ARE NOT BAILIFFS

 

 

they have no legal powers whatsoever in this instance.

 

 

he got annoyed so's you'd be spoofed into paying him.

 

 

bottom line is

bugger all they or any UK DCA can ever do.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

They do pass to UK Solicitors/debt collectors eventually and they have issued UK court claims. But in one case that was reported on CAG they stopped the court claim at mediation stage. UK courts will look at foreign debts and they can apply UK court judgements, so you should never presume it will not happen.

 

Best way to deal with this is to ask Credit Corp for the correct legal documentation which confirms that they have been assigned the debt by the original creditors (Banks). Ask them to request the last statement of account from the original creditors, together with a copy of the original credit agreement form with terms and condition. Also request a copy of the default notice issued by the original creditors.

 

What will protect you to a certain extent is that all Australian rules must be followed by Credit Corp. If necessary make complaints to Aussie regulators about the threatening phone calls you have received from Credit Corp. This will give you more time to think how you want to deal with it.

 

DO NOT make any payments, until you have had more information and can properly assess the situation. I suspect that if you made payments, quite a lot would get swallowed up by interest and charges. Therefore it would take ages to pay them off.

 

If you own any UK assets such as a house, then you should be more cautious, as UK Solicitors acting for Credit Corp will check records and this may make them keener to pursue you.

 

Get advice from Aussie debt advisors where needed.

 

http://www.accc.gov.au/consumers/debt-debt-collection

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

Link to post
Share on other sites

Thanks for the advice so far.

I don't have any assets here in the UK, no savings just student loan debt and credit card.

They rang me again this morning demanding I set up a payment plan. I have asked for no more phone calls and for everything to be put in writing.

I just can't afford to pay this at the moment

Link to post
Share on other sites

:madgrin:nor at all

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
  • 2 months later...

Hi again

Just an update on my situation and further advice needed please.

 

I have been ignoring the regular phone calls that credit corp have been making and occasional emails.

 

However today I received an email from a "manager" at credit corp

advising me that "Credit Corp are currently considering outsourcing your account to Stevensdrake Solicitors in West Sussex for commencement of legal recovery proceedings."

 

I am now really worried and not sure how best to proceed.

 

 

I can afford to pay a small nominal amount each month

 

 

but am concerned that this will escalate to some sort of CCJ which I obviously want to avoid at all costs.

 

Thanking you in advance for any advice

Link to post
Share on other sites

Best option is to advise them of your situation with no admission of liablity.

 

Just say that they can proceed as they wish and you will defend all actions. That you do not own any UK assets, have no investments, plenty of other debts and limited income to meet outgoings. You will advise anyone they appoint to act for them the same information.

 

See whether or how they reply. Solicitors acting for foreign creditors are not going to incur costs, when they cannot gain a return. Someone in a similar position had a court claim from Stevensdrake, which they did not proceed with as a defence was offered, plus mediation. Stevensdrake were not interested in getting too involved in dealng with issues, if the debtor could only afford to make small monthly repayments if they had won.

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

Link to post
Share on other sites

These fools are in town across the way from me (Crawley!!)

I have dealt with them before and they have very little kick in them. But be weary...

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...