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    • Hi all,   Could any of the site team (or experienced site membes) give me any guidance on the above defence .   I need to have it in by Friday at latest, and was hoping to submit tomorrow to make sure that its lodged in good time   Many thanks in advance x 
    • Sorry but sounds like early days if CWD and lately IDR. Been dealing with this since 2009 and still going on as well as those crazy collection agency’s in Dubai also still emailing to this day.    I set up a special email account where I have everything from CWD, IDR and all others so it’s all in one place and the laws that have been broken.  Upon discussions also with R. Sterling at detained in Dubai its also been helpful.    Currently with the FO with my complaints against the attempted collection of debt in the UK when it has not been passed through the correct channels regardless of what is in the T&C.    Personally I would not pay any ting until as people know that debt has been passed through the correct manner of courts in the UAE or indeed purchased by a UK company which then I will be happy to defend given the laws here and whT I have available.    Make sure to ask for everything when the time come all statements, extra charges terms at the time of supposed signing etc !    Listen to the team also 
    • I'm sorry the CAB have given me some terrible advice in the past, and some others on here.  Please do as Andyorch says above. do not use Moriaty's forms.  Do not fill in ANY income and Expenditure for Moriarty. They have no more right ot demand that from you than I do.
    • Why are you considering Bankruptcy...they have not even issued a court claim yet ?    Its vital you use our forms provided in the link ...not the ones Moriaty have sent you.
    • Its already statute barred in my book...the Statute of limitations is quite clear...its just that the Judge in this recent case with PRA is trying to move the goal posts for his DCA chums by stating the period of limitation begins when the creditor issues a default notice and the 14 days have elapsed...that is what he classes as the cause of action...not the fact that creditor have failed to serve a DN in over  8 years..decides to serve one now which in effect makes the statute barred limitation period since last payment 14 years.   The Limitations states that the period of six years starts with no payment or acknowledgment within 6 years from when the cause of action accrues ...accrues being the operative word...the Act does not state accrues starts from the issuance of the defect notice, .....it as always been the cause of accrues from the last missed contractual payment...thats what determines the cause of action.   But the CCA1974 states that a creditor is not entitled to enforce an agreement until a valid default notice is served...so this Judge in his wisdom has tried to fuse the two acts together...which is obviously nonsense.. he has not allowed for creditors who serve the notice late or not at all.
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Diodotos

Consumer Credit Solutions / Stevensdrake Solicitors

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Good Morning.

 

I’ve spent the past day and night reading multiple threads across CAG concerning Australian Debt being chased within the UK.

 

While there is a lot of great information available, majority of the threads seem scattered with quality content therefore I am creating this thread more to assist others moving forwards; however as this is a live case, any intelligent and informed input would be greatly appreciated.

 

Background of situation:

 

My girlfriend has recently been contacted by Complete Credit Solutions in regards to an unsecured personal debt from VIC, Australia for circa $35,000, this debt was left circa three years ago prior to us meeting.

 

Now, not that I approve of people having/leaving debt oversees, this specific debt was left due extreme unforeseen personal circumstance, though unfortunately the circumstance won’t protect her under either Australian or British law and she is not in a financial position to currently deal with this level of debt. Her present financial position is that she currently has a small amount of unsecured UK debt and is a UK property owner with very limited equity due to Brexit.

 

Situation as of today:

 

Complete Credit Solutions are trying to go through formal identification process, they have approached my girlfriend by telephone at her work – my girlfriend has not engaged with CCS questions or identification therefore to date formal identification has not yet been achieved.

 

CCS have followed up to her e-mail address informing her that they believe their identifications are warranted and correct, they will be instructing Stevensdrake shortly – this again has not been engaged with or responded to.

 

Due to the actions of my girlfriend, to date she may have brought herself a short stay of execution but this will only be temporary.

 

Actions:

 

Nothing to do at present, I will update the thread further as this process develops.

 

Advice:

 

If anyone knows of any quick ways to shut this down, please do make aware.

Edited by Diodotos

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The bottom line is that if she has no assets of value and no way of paying towards this debt, that CCS/Stevensdrake won't be interested in pursuing. If they obtained a UK court judgement, she could apply to pay affordable monthly payments and this might not be at a level that makes it worth it to cover legal fees etc. If they tried to enforce a court judgement by other means e.g forced sale of house, bankruptcy, they are not going to be first in line to receive any money, if there is anything.

 

If Stevensdrake write to her, it might be sensible to write back asking them for proof they have instructions from original creditors to act. That upon receipt of such proof that she will engage with them regarding the matter. she could ask for copies of the Aussie financial agreements including terms and conditions, plus copies of all statements of account. Then she can check whether the debt terms allow courts outside Aus to deal with it. Whether there are unfair increases in interest and charges added. If so, there might be room for complaint and escalation to Aussie regulators. While the debt is subject to complaint, it should put a hold on any collection activity.


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Wait until/if you hear from Stevensdrake...no contact otherwise.

 

Regards

Andy


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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Good Morning All,

 

I've been meaning to come back to this for a few weeks but due to personal commitments I haven't had the time.

 

As of December 2016, My girlfriend successfully won her challenge against CCS / SD and it would have not been possible without the content on the threads of this specific forum.

 

In summary, after many hours of reading and basically taking on a second career as a lawyers, we researched and read in-depth Credit Laws in both Australia and the UK. We then decided to go on the attack, and I mean really on the attack. We had action from SD paused, CCS came at us guns blazing but with the assistance of many governing bodies both sides of the seas we were in a far stronger position.

 

Overall in December 2016, action was withdrawn and case got closed, as a personal couple it gave us a positive end of tough 2016.

 

When I get a moment I will come back and post more detailed content to assist others moving forwards.

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Well done and yes please do come back with more details.

 

I think you are correct that the way people win their battles is to make it as difficult as possible for debt collectors and their Solicitors to proceed. Ignoring letters tends to give them the belief that they might get default judgements in a UK court, which will make things more difficult. Better to find out your rights and to confront the companies chasing the debts, as that is likely to put them off proceeding.


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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Hi Diodotos,

 

I have just gone through your thread and I am in a similar situation, would you be able to advise on what you did to shut down the case? Any advice appreciated.

 

Thanks so much.

 

 

My thread....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?477378-Australia-Debt-Stevensdrake-threatening-legal-action

Edited by Andyorch
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