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    • Dear New Tenant   L C S !st Floor West Wing Town Center House The MerrionCentre Woodhouse Lane Leeds LS2 8LY   02/03/2021   Our Case Ref xxxx Re Our Client E.On   Outstanding balance: £37.xx   FINAL NOTICE   We have been instructed to act on behalf of the above named client to recover the sum of the outstanding of £37.xx for dual fuel consumed at X Whatever Road, Sometown , Anyplace. Despite our previous communications and offer of help we have not received payment or valid reason for non payment for the outstanding balance.   Until you have cleared the outstanding balance, your details may continue to be shared with a credit reference agency.  Other lenders may see information about the way you pay our client and the amount you owe them which could affect your ability to obtain future credit.   In order to prevent any further action and potential inconvenience, we would urge you to pay the full sum immediately or alternatively contact our office on 03445439130 quoting Ref xxxx to discuss your options. Alternatively please email us at [email protected] quoting your reference.   Yours sincerely   Rebecca Carter For and on behalf of LCS   I suspect this is the kind of letter they send when they know they are stuffed?    
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    • I’ve been getting debit collection letters from a number of diffrent companies but I don’t recognise any of them. So I signed up to one of the credit rating agencies to find out who I owed money to. But that didn’t help. It just lists the debit collection company and the amounts they say I owe them. The amounts are staggering. now I was caught out once before by a debit collection agency saying I owed money but not who to and I just paid it. It wasn’t till after this that I found out that some agencies just send letters demanding payment for a nonexistent debit. On my credit report it says I owe money to the debit collection agent but there are no records of any original debit. no unpaid loans or credit cards.  so what do I do? I had a serious brain injury so I have memory problems and some untreatable mental illness. Thanks for taking the time to read this.
    • Hi, I’m sorry I haven’t replied sooner and that I wasn’t clearer. The situation is this.  I had a pay as you go sim and wanted to change to a VOXI pay monthly account. the guy on the phone said I’d need a new sim that would be a standard pay monthly sim. He told me that once I got the sim then I could call and have it put on a VOXI account. So. I agreed but at some point in the,long conversation after he ordered the new sim he said that infact I didn’t need a new sim and could just change my pay as you go sim into a VOXI sim. so he did that. I assumed that that was the end of the matter. I had done what I set out to do. And didn’t think about the ‘new’ sim because it was not needed. I assumed he had canceled it because it was not needed. then in January I get a letter saying I was behind on my phone bill. so I called them and that’s when I found out the ‘new’ sim had been ordered but never arrived .
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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leaving UK for AUS, what happens with my debts?


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Hi I'm really interested in this, not because I want to completely avoid debt but because I want to gain some leverage in negotiations over a loan that I'm struggling to pay.

At the moment the lender has rejected any attempts I've made to reduce the monthly amount and are now threatening court action.

 

I'll be leaving the UK for Australia soon to rejoin my family so I'm considering this option.

 

Just a question to clarify,

 

I understand that a CCJ is enforceable in the courts in Aus so need to avoid this by being out of jurisdiction.

 

What I don't understand is why,

once the debt is sold to an Aus collection firm,

they can't start proceedings in Aus to recover the money.

 

Surely if they own the debt,

they can legitimately start a court action in Aus for the debt.

 

Do they not just because it's too expensive it is there a legal reason why not?

 

Thanks in advance.

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I think the main reason is that Aussie courts are much more fussy and old fashioned ( i have heard this from someone who has practised in Aussie courts) . If Aussie Lawyers really wanted to get involved in this by commiting money, they would have done so by now. And there are probably not many former UK residents taking debts to Aus, as financial stability would be part of the Visa application. Australia is now more expensive cost of living wise, than most parts of the UK, but depending on job type, they can pay more.

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I'm trying to understand the risks involved in leaving a UK debt if I move to Aus.,not because I want to completely avoid debt but because I want to gain some leverage in negotiations for a loan that I'm struggling to pay.

 

At the moment the lender has rejected any attempts I've made to reduce the monthly amount and are now threatening court action.

 

I'll be leaving the UK for Australia soon to rejoin my family so I'm considering this option.

 

Just a question to clarify, I understand that a CCJ is enforceable in the courts in Aus so need to avoid this by being out of jurisdiction.

 

What I don't understand is why, once the debt is sold to an Aus collection firm, they can't start proceedings in Aus to recover the money.

 

Surely if they own the debt, they can legitimately start a court action in Aus for the debt.

 

Do they not just because it's too expensive it is there a legal reason why not?

 

Thanks in advance!

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What type of debt ?

 

When did you take out the account with the lender e.g. Before April 2007 or after ?

 

Approx how much is the debt ?

 

Is the debt still with the original creditor ?

 

You do know that it is pretty uncommon for original creditors to issue court claims themselves, as they prefer to apply default to credit records, then write off against tax, before selling the debts on to Debt Collection Agencies. It can be years after a default, before any court claim is ever issued and sometimes there are so many debts being chased that they don't bother. So don't presume that an unpaid debt always results in a CCJ.

 

Best advice is to advise creditors of your Aussie address once this is available, so they can stay in contact with you. This should avoid sneaky CCJ by default using last known UK address. You could get an Experian account or other credit reference account before you left the UK, so you can keep an eye on it. Just ask them whether you can access from outside the UK. If a default is added, you can ask credit reference agencies to add a note that you reside in Australia. Creditors will note Aussie address on your credit record.

 

UK courts are very well known as being helpful to creditors over a long period and this includes foreign ones. But Aussie courts are not as helpful, even though there is a commonwealth debt agreement. Aussie courts seem to need a UK CCJ, before they will look at UK debts. Perhaps they don't have any case law or rules in Australia that allows foreign debts fo be heard in an Aussie court, unless the foreign debt has already been considered by the foreign court. I have not come across Aussie court cases reported online regarding UK debts, but this is not to say they don't exist.

 

Very unlikely a UK debt would follow you to Australia. UK creditors struggle enough to collect debts in the UK and probably would never bother to strike deals with Lawyers in other countries. It might be different if the debt was for say £100k or it was a business debt.

We could do with some help from you.

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  • 2 weeks later...

Hi unclebulgaria,

 

you mentioned that financial stability will affect the visa application process. I thought that a person has to be of "good character" (i.e, without criminal convictions), but his/her credit record back at home will not be questioned. Have things changed recently and do AU immigration officials now also ask for a credit record?

 

Thanks

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Please give more details on the debt. There is various advice depending on the debt itself. FOr instance, your creditor should generally NOT refuse a reduced rate of repayment on an amount owed if you can show that you are in financial difficulty as it would be a breach of their credit licence and guidance on debt collection. Then theres the whole thing of irresponsible lending if you qualify for it.

 

Note generally as it all depends on the debt

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi unclebulgaria,

 

you mentioned that financial stability will affect the visa application process. I thought that a person has to be of "good character" (i.e, without criminal convictions), but his/her credit record back at home will not be questioned. Have things changed recently and do AU immigration officials now also ask for a credit record?

 

Thanks

 

Last time i looked into the process, which was a few years ago, you had to go through a full financial check, just to make sure that you were able to afford to live in Australia. Therefore if you had continuing UK financial commitments, these would be taken into account. I am not sure they check UK credit records, but they ask for Bank statements etc.

 

If you are looking to go through the process you need to contact Aussie immigration for more information, as it is complicated and always changing.

We could do with some help from you.

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  • 3 weeks later...

Can confirm that credit records are not checked. I have been through the application process three times now (2007, 2011 and 2016) and what they are looking at is health requirements and criminal convictions. The immi website explains it further.

 

I have been through similar to yourself. I made minimum repayments (5 GBP per month) for a good five years after moving and then let them know of my new address. One of my creditors was sending annual statements for a while but this has now stopped, as have my payments.

 

I am waiting for them to ask for payment and then I will happily offer them a reduced settlement. From memory, I have paid off two out of four using this approach but the others, for some reason, are happy to not contact me, even though they have my address and I am not making payments.

 

Student Loan was a different story however and I put a lot of effort in to paying this off.

 

I checked my credit report a few years ago and it was completely blank. Maybe the debt collectors have applied for CCJs since then, but I doubt it. If they have then I can deal with it in the future as I have proof that they were aware of my AUS address.

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Can't figure out how to edit my above post but I just wanted to add that my comments around them not checking financial aspects relates to family visas (spouse etc). They do check bank statements for working holiday visas and a few others (such as retirement visas).

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Guest Mrs Hobbit

Credit records aren't checked. Bank statements and proof of income are. Just let them know your Aussie address and leave it at that.

 

Debts ar civil not criminal. i have not known of a UK debt being heard in an Aussie court. Don't forget each state has it's own jurisdiction and only if it is a Federal matter would it be heard in a federal Court.

 

To open an Aussie bank account you need a 100 points and these all relate to Aussie domicile; this is why the banks here are so eager to open an account for you in Australia before you leave. only catch is you wont have access to the funds for six weeks after arriving in OZ. This is what we checked out 6 months ago when back home and checking Hobbit's residency status and visa for Australia.

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