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Australian Debt - Complete Credit Solutions

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Hi there,

 

I have recently been contacted by the above company about an outstanding debt from my time in Aus, I left 5 years ago.

 

They have called and emailed (not sure how they got my details plus my name has changed). Below is the email from them, firstly I don't work, I am a stay at home mum and secondly, I just need any advice possible on what my course of action should be - any advice much appreciated.

 

'My office has made several attempts to contact you to discuss your outstanding Commonwealth Bank Personal Loan matter that has been assigned to my office. Your balance as of today currently stands at $xxxxx with interest continuing to compound daily at the contractual rate of 15.9%p.a.

 

For your reference, I have also attached the following documents:

1. A copy of the Notice of Assignment letter issued to your previous address confirming your matter has been assigned to our office.

2. A copy of the Final Notice letter issued to you today, outlining the current status of your matter.

 

Our investigations confirm you are now residing in the UK and are no longer in Australia. With this being said, I kindly request you contact our office to resolve your outstanding balance.

 

Unfortunately, if you do not make contact or if we are unable to resolve this matter with you, we will be transferring your matter to our UK agent, who will be instructed to make direct contact with you to recover and secure your balance. Please note, it is our preference to resolve your matter without the involvement of our overseas affiliates.

 

Should your matter be transferred to our UK agent, the full balance plus all interest charges & transfer costs will be due and payable immediately. However, should you be of a mind to contact us, I will happily discuss a commercial outcome to settle your legacy matter in Australia.

 

I look forward to hearing from you.

 

Kind regards,'

Edited by Andyorch
removed identifiable data

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In theory UK courts can enforce foreign debts like this, so you could end up with UK court judgement including costs.

 

Stevensdrake have taken Aussie debts to UK courts, but in the case i remember they don't want to handle small repayments over years or get into any argument. As soon as mediation was applied for, they discontinued the claim.

 

You mention having left Australia 5 years ago, but when did you last make a payment towards this debt ?

You don't have to respond at this stage. They might have traced you through UK credit reference searches, but it does not mean any actions will follow. They might continue to write, before handing to Stevensdrake. And Stevensdrake won't immediately issue a court claim.


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Thanks for responding, it's pretty scary, last payment was around 5years and 2 months ago.

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Ignore the fleecers...

 

Lots of like threads here about them already

 

They have no legal powers whatsoever

And are not bailiff's..


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Thanks for responding, it's pretty scary, last payment was around 5years and 2 months ago.

 

If they don't issue a UK court claim within 6 years, then it would be subject of statute of limitations and you could defend on that basis.

 

It is your choice as to how you handle it. But if you respond now, they will have hooked a fish and will then hassle you for a settlement. CCS have bought rights to this debt or now own it, so it is just how much they would accept to settle the debt. They might accept a much reduced offer say 20% of the debt value you left behind. You have to be careful if you are negotiating settlement, so do ask for advice if this is something you want to pursue. Or ignore and see how it goes. If Stevensdrake start writing to you, then come back for advice. You might be able yo spin this out, taking it beyond 6 years of the last payment.


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If they issue a UK court claim will this effect my UK credit score?

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If they issue a UK court claim will this effect my UK credit score?

 

If they gained a UK court judgement against you and it was added to your UK credit record, then yes it would affect you.

 

BUT you may never get to that stage or can obtain an agreement beforehand to avoid judgement.

 

If it were me, i think i would ignore it for now.


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Ok, thank you so much for taking the time to respond.

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They have called four times, the first was at 3.26am yesterday morning :shock:

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They have called four times, the first was at 3.26am yesterday morning :shock:

 

They go by Aus time, so its likely mid afternoon their time. ALso, it depends on their debt collection rules over there. Over her ein the UK, theres case law which can stop them in their tracks, but its case law on UK companies and collection


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They have called four times, the first was at 3.26am yesterday morning :shock:

 

You can complain to Aussie regulators, as phoning at these hours is not acceptable. They have upheld complaints about this before.

 

Keep a log to help with any complaint. If you kick up a sh1tstorm, it might save you £6k.


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Ok thanks, I have started logging.

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I don't know if this makes any difference but there is a Notice of Assessment attached that says they basically acquired the debt from another DCA and not direct from the financial institution

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I don't know if this makes any difference but there is a Notice of Assessment attached that says they basically acquired the debt from another DCA and not direct from the financial institution

 

Not really. If they issued a court claim via Stevendrake, part of your defence would be for CCS to prove ownership of the debt.


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Hi LM217,

 

I am in a similar situation to yours. Would you be able to advise on what the outcome was and the steps you took? Any advice appreciated.

 

Thanks. G

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Hi LM217,

 

I am in a similar situation to yours. Would you be able to advise on what the outcome was and the steps you took? Any advice appreciated.

 

Thanks. G

 

Hiya, Gemma, sitting waiting for more contact from them (with s ball of dread in my stomach)

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Hiya, Gemma, sitting waiting for more contact from them (with s ball of dread in my stomach)

 

If you hear from Stevensdrake, it might be an idea to write back asking for copies of everything e.g finance agreement, default notice, statements of account, proof that CCS have bought or been assigned the account and are legally entitled to handle the account.

 

If it is the same as the UK, debt collectors like CCS won't have any of the paperwork and they might struggle to get the Aussie Bank to provide it.


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If you're lucky you will be in Scotland and under a statute barred debt is one that can no longer be collected by a creditor due to the elapsed time limit laid down in The Prescriptions and Limitation (Scotland) Act, 1973 after 5 years.

 

So they will be onto plums.

Edited by TheChomper

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doesn't work that way.

 

 

its where you were when you took out the credit.

 

 

dx


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Guest Mrs Hobbit

Sadly, if it is an Aussie debt the SB depends on which state or territory the debt was incurred. all are 6 years apart from the northern territory it is three years. if it is Court Judgement in all Sataes and territories it is 12 years. The credit agreement will mention which State jurisdiction the debt is incurred in.

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Hi

 

Have a look at this link 'Debt collection guideline for collectors & creditors'.

https://www.accc.gov.au/publications/debt-collection-guideline-for-collectors-creditors

 

If you download the PDF make sure and have a full read of it.

 

These pages may be of interest:

 

Page 12 of PDF - Hours of Contact.

 

Page 13 of PDF - Frequency of Contact

 

Page 45 - Commonwealth Consumer Protection Laws

 

Page 59 - State and territory Limitation of actions laws

 

Please remember that guidance is specific for Australia.


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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi there, these guys have just phoned my old work being really forceful trying to get my information - can they do that??

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Guest Mrs Hobbit

They can try, but this information should not be given out, I can't be sure but wouldn't this come under employee confidentiality and the DPA?

 

I am sure if you tell your employer not details about yourself is to be given out to anyone. i would put in writing and hand the letter to them. Your employer must have some procedure in place to protect employee confidentiality. Is it old employer in Aust, or here?

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shows how underhand they are trying to be

if they were really owed the money

then they'd go straight to count.

 

 

id be complaining to the FCA under CON rules and the ICO under DRA if it continues.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Yeah they never gave them anything thankfully. my old company in the UK, I only finished with them recently

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