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    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
    • so won by a section 75 claim under the consumer credit act then   consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out   as for the dealer and court there is no time limit, well 6yrs I believe   though it would be a tough battle but made slightly easier as BC coughed up. but again what would you in all reality 'win' probably go bust or change name        
    • It was settled by Barclaycard because I bought the car using my VISA credit card. Do you know if there is a time limit for taking the company to court to claim the consequential expenses incurred?
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adamg1992

Merged Debts emails and harassment(from International company)

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Hello,

 

I'm new to the forums, but if this is in the wrong place then could you let me know and I will re-create the thread.

 

I was living in Australia for 16 years(I was born in the UK and moved to Aus when I was 6).

I had a rough time and didn't have a job until I was 20.

 

I never had credit before.

I opened a bank account in Australia and got offered a credit card, which I accepted.

 

I then applied for a online course, which was a monthly payment of 60 AUD.

Once signed up I had realised this course that this company heavily advertised was a [problem].

It was the same course a student in a free study College could do in his spare time on the internet.

 

I had disputed with them about leaving, however they said that I would have to pay the outstanding amount of 4695.00 AUD.

From that point I had stopped communication with them.

 

My father passed away in February last 2014 and my mother and I moved back to the UK.

I had left an outstanding balance of 500(Maxed out) credit card from the bank

and I also did not pay the company who was chasing me for 4695.00 AUD.

 

I've received plenty of emails from this company recently,

I had no communication or emails from them since July 2014

and in the last two weeks I've had 24 emails and unfortunately a phone call.

They tracked me down.

 

Apparently this company AusDebt has been in contact with me(They have not).

I first received an email 2 weeks ago stating that

"As per the request of Open Colleges we have come to a conclusion and you are now only required to pay 1408.63".

 

I then received the same email 2 times a day for a week,

I will attach this with the post.

It states that "As per my request" they are willing to settle with the amount mentioned above, which I think is being used as their tactics?

because I haven't been in contact with them at all I assume as I've read online after 5 years the debt gets statue barred?

 

I received a phone call yesterday asking for me,

I said no I don't know anyone by that name that lives here and the lady said

"That's funny since we've checked records and it seems only yesterday you applied for a loan

and we also know who you bank with and that you drive a ford focus".

 

How are they getting this info?

 

She then went on to say

"We will be getting that money back off you very soon,

my associates look forward to seeing you in person have a nice day" and hung up.

 

 

Does this mean that they have transferred the debt to a UK company?

 

 

can they actually do that ?

 

Any advice on this?

 

More facts about the account,

I had only logged into the online portal twice, and not even attempted the work

because I had found out I could of just went to a local free college

and got the course for free.

 

 

Yet when trying to cancel they blocked access to the online portal and demanded payment off me..

s there any way I can fight this?

 

Thanks

 

P.s I am living in the UK now.

Edited by dx100uk
post edited pers & irrelevent info removed - dx

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Ignore them totally. For a debt of that amount, they won't bother to try to enforce in the UK. The finance agreements in Australia would need to contain terms where you agreed to accept court jurisdiction outside of Australia. Even then, they would need to pay all relevant costs in getting it through UK courts and unless they were certain of getting the money back, they would not bother. IF they dud issue a UK court claim, you would have a chance to defend it and given what you say about the course, it might not get very far.

 

Re the information they have obtained, they may have got a UK search company to check your credit records, which would reveal your Bank. They may have checked Google streetview at your address, to see the car or somehow got the info from DVLA.


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They are trying to intimidate you. They have no powers to do anything. You can safely ignore.


We could do with some help from you.

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Thread moved to Oversees Debt issues forum.


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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Ignore them totally. For a debt of that amount, they won't bother to try to enforce in the UK. The finance agreements in Australia would need to contain terms where you agreed to accept court jurisdiction outside of Australia. Even then, they would need to pay all relevant costs in getting it through UK courts and unless they were certain of getting the money back, they would not bother. IF they dud issue a UK court claim, you would have a chance to defend it and given what you say about the course, it might not get very far.

 

Re the information they have obtained, they may have got a UK search company to check your credit records, which would reveal your Bank. They may have checked Google streetview at your address, to see the car or somehow got the info from DVLA.

 

 

Thanks for the reply, helps me a be a little bit more comfortable for the moment.

 

If I remain in no contact with them is it true that after 5 years the debt will no longer exist?

 

Thanks

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Depends on the legal stuff in Aus... Over here In Scotland the debts are extinguished after years --- GONE! But in England, 6 years and the creditor / DCA can still ask for payment.

 

As for AUS i am not sure.,

 

http://consumeraction.org.au/debt-collection-old-debts/

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Thanks for the reply, helps me a be a little bit more comfortable for the moment.

 

If I remain in no contact with them is it true that after 5 years the debt will no longer exist?

 

Thanks

 

Statute of limitations means that after the relevant period, they are not enforceable in court. So if this is 5 years in Aus, then after 5 years of non payment or you admitting the debt in writing, they should not be able to enforce it in a court. The debt may still exist and be chased, but of course you would tell them to get lost.


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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Thanks for all the replies, puts my mind at ease. Glad I found these forums.

 

Thanks!

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