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Australia Debt: Stevensdrake threatening legal action

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Hi there,

 

I'm currently struggling to pay off $AU 7k debt that is owed to an Australian bank, which has now been sold to a Debt Collection Agency in Oz. T

 

 

hey tried to find out where I was living by contacting my ex partner and have tracked me down in the UK.

They said they will forward this to their overseas affiliates Stevensdrake.

 

 

I received a couple of letters from SD,

the last one stating 'in the absence of any response we are instructed to commence legal proceedings against you. Court costs and interest will become payable (where applicable) in addition to the basic debt if those proceedings are successful.'

 

Having studied most of the threads most people would recommend ignoring them.

I have made no contact with them at all and this debt is pretty recent, only about 1 year.

So I have about 5 years before going down the SB route.

 

It looks like SD do bring people to court in relation to this...which is my fear.

Unfortunately I have zero money or assets here.

Just UK debts which I'm trying to pay off every month,

 

 

I'm on min wage salary and I actually can only just about pay my bills, rent and food every month.

My Mum isn't well so I had to move back within a year of being there.

When I moved back to the UK from OZ I was unemployed for 6 months because I couldn't find work.

 

I'm just not sure what the best way forward is as most people say to ignore them but I've seen some people recommending to make contact as to not let them think they will get an automatic judgement against me if they did bring proceedings forward.

 

Any advice would be so appreciated.

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ignore them.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?468699-Consumer-Credit-Solutions-Stevensdrake-Solicitors

there are no uk court cases at all

not sure where you are reading there have been...


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Thank you so much for your response Dx100uk....One of the cases I was reading up on CAG was one by Rebecca H which involved Stevensdrake and credit corp.

 

I think after months and months they eventually dropped the case after numerous letters, but the fact that she received a hearing date (she received court papers) etc were going forward with it is what makes me think they could do the same to me?

 

I'm not sure.

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They can issue a UK court claim if they want to, if the Aussie Bank terms included being able to take you to court in any country where you are resident, if local court rules allow it. UK courts are one of the most helpful to creditors.

 

Yes Rebecca H was issued with a court claim. but due to various issues, it was dropped. It is not true to say that Stevensdrake don't issue many court claims in regard to foreign debts. They are just not reported online, as most county court claims are not reported, unless the debtor posts to forums. Foreign creditors do issue UK court claims and if you search London Gazette Dubai Banks have also taken it as far as bankruptcy.

 

What is the total value of all debts you have defaulted on, including ones in the UK ? What i am thinking of, is that if Stevensdrake were made aware of your situation, i should imagine they will drop this like a lead balloon and it would be referred back to the Aussie debt owner. Stevensdrake are not going to be interested in investing time and money for no return.


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don't forget about the jurisdiction issue here.....

those that have been attained have probably never been defend properly or at all or were backdoor ones.


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Guest Mrs Hobbit

I would ignore Stevensdrake, unless they have bought the debt. It will be defaulted on your Aussie CRA files. Unless they can prove you took the debt out to intentionally defraud the bank, it becomes a criminal matter and you can be prosecuted for that over here, but as it is civil matter and would normally be dealt with at the Court of Petty Session in Australia, it does not come under Foreign Jurisdiction Agreement signed by the UK. I don't think the Law lords in the High Court over here would be too pleased to have to make ruling on this.

 

If it has been sold on to debt buyer in OZ, they would have only paid a few cents on the dollar for this. It wont be worth their time to even try to take this to Court over here. Just sit and wait to see what Stevensdrake have to say.

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Hi unclebulgaria67, Mrs Hobbit and dx100uk

 

Thank you all so much for replying.

Such a worrying situation!

 

 

Yes, I realise that they may be able to proceed this to the courts which is what I don't want to happen as I've been trying my best to get on top of the debts.

 

 

I owe about $AU 7k to the Australia debt collectors,

Complete Credit Solutions and now Stevensdrake are acting on their behalf to try and get the money.

 

 

Just worried at now they are threatening to action proceedings.

I guess CCS have 'instructed' them to proceed with court hearings if they continue to not hear from me.

 

In the UK I have about £8k in credit card debts and £2k in overdraft debts.

A total of about £10k, none of them have been defaulted because I'm doing my best to make payments on these debts to pay them off once and for all so I can move on.

 

 

Unfortunately, the cost of moving to OZ and coming back with no job landed me in a bad situation so I was living off credit for a bit as I have no financial help at all.

 

 

Even when I moved back I couldn't claim job seekers until after 3 months of being in the UK so I was completely alone in this.

 

Is the best thing to do to continue ignoring the letters?

Or should I confront them with my situation in hopes that they will give up?

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yes we know CCS get involved,

sadly its all a big fleecing game, just like the DCA's and uk debts.

 

 

you'd also find that if anyone bothered to up these other SD/CCS threads they started

even the ones that paid,

you'll find that none of money gets back to the original creditors anyway

they wrote it all off years ago.

 

 

pers i'd ignore them

or send them a bleeding hearts leter and watch them squirm and pull every trick in the book bar ACTUALLY going to court, where they'd not get a penny anyway I bet.

 

 

as for you UK debts

why not start a new thread and tell us about then

esp if they are pre 2007.

 

 

dx


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Up to you Gemma. You either ignore and see if they issue a court claim.

 

Or you try to nip this in the bud and write to Stevensdrake. Without admitting to owing the debt, you can request them to obtain a full copy of any agreement thst exists between you and the original Aussue Bank. Ask them to ensure that it includes all terms and conditions. Also request a copy of the last statement of account issued. And ask them to also supply a copy of the debt sale or assignment between the Aussie Bank and CCS.

 

In the letter you can mention that you have no UK assets or savings, have minimal income to meet basic living costs and have £10k in UK debts. You suggest that they bring this to the attention of their clients.

 

You may find that after sending the letter, Stevensdrake reply that they are referring it back to CCS and you might not hear any more.


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Hello,

 

Thank you all for your help. Yes, it's a difficult decision to make. If they issued a court claim and I had to go to court and they won, would I be liable for all the court costs as well? If they won the case would I be put on some sort of penalty payment plan to pay all costs, I suppose they'd get money in this way... even if it were a 30 year plan? Or does that money go to the courts?

 

I may keep quiet for now and see what happens, of course, I wouldn't want it to escalate. I've only received letters from SD (and I don't live at the address anymore, but I know the person that does) I didn't get any calls or emails (except from CCS who also tried Facebook as well), all a bit strange. Some of my details are still registered at the old address and I'd like to avoid changing them to prevent a trail.

 

Perhaps I'll ignore and then if it seems like it could be escalated from further notices, then I'll write the letters with my current situation and requested details. There is certainly no money in it for them...perhaps it's a case of morality for both parties. If I had it, it would go straight back to the bank.

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Court claim would be posted to whatever address that they had for you, which would be your previous address. You might not be forwarded the claim in time and be able to defend it. They would win by default.

 

In small claims court, the costs are limited anyway to the fee and time to issue the claim, so not very much. If you defended, there is no risk of incuring large costs for the claimant. If you lost, you would submit an application to make affordable repayments over a period of time.

 

Ignoring is obviously easier, IF you don't hear anything more.

 

BUT, if they issue a claim because they think you might be able to pay, you might later regret not having written to them, just asking for information and pointing out that financially you are not worth pursuing. They would then have your new address, so they can't issue a claim to your old address and win by default.


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small claim costs are capped and minimal.

stop worrying.

 

 

dx


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Would I start the letter saying I have no knowledge of this debt and to ask them for further proof? Then further elaborate on my financial background with payslip/employ contract/statements as proof that I cannot afford to pay?

 

Thanks all for your support on this!

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i wouldn't go into any great details

and most certainly NOT send them anything you suggest other than a letter.

use post 9

 

 

when/if they prove their claim, then expenditure might be necessary...


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Would I start the letter saying I have no knowledge of this debt and to ask them for further proof? Then further elaborate on my financial background with payslip/employ contract/statements as proof that I cannot afford to pay?

 

Thanks all for your support on this!

 

It just needs to be a simple letter.

 

Thank you for your letter dated xxxxxx sent to a previous address.

 

In order that i may look into the matter further, i require the following.

 

A copy of any financial agreement that exists between myself and x Aussie Bank. This should include the full terms and conditions of the account, as well as any signed credit agreement.

 

A copy of the final statement of account issued by x Aussie Bank.

 

A copy of any notice of default issued by x Aussie Bank.

 

A copy of the debt sale agreement or assignment agreement or other proof, that evidences that Credit Corp have any legal rights to pursue the account that originated with x Aussie Bank.

 

Once i am in receipt of all of the above, then i will be able to inform myself of the matter. You should make your client aware that i do not own any assets or have any savings and barely have sufficient income to service living costs including repayment of a significant sum of UK debt.

 

It is probably going to take months for CCS to come back with the information. They might not bother to pursue.


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We could do with some help from you.

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Thanks you for your comments...why would a solicitor waste their time going through with a default judgement, is it really that profitable for both parties?

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A default judgment is judgment without your input/say or trial...of course its less expensive than going to trial...as for being profitable...depends on how they execute the judgment and what assets you as defendant hold.....

 

Andy


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Thanks you for your comments...why would a solicitor waste their time going through with a default judgement, is it really that profitable for both parties?

 

Because they don't know about your financial situation and think you might be able to pay. Once they have a CCJ, they can then try to enforce.

 

Suspect that Stevensdrake take a standard fee and a percentage of amount recovered.

 

Suggest that you send the letter and see if they want to provide the documents or not.


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How are you getting on? I have had a letter and now a voicemail asking me to call Stevnesdrake

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Does this debt mean it is a very bad idea to take out a mortgage with my partner until statue barred.... i would never want to jeopardise anything or get someone else involved. Still in the same situation - paying £10k debts monthly

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Does this debt mean it is a very bad idea to take out a mortgage with my partner until statue barred.... i would never want to jeopardise anything or get someone else involved. Still in the same situation - paying £10k debts monthly

 

 

I've just got a mortgage, with my wife. Between us we have 3 CCJ's and 3 defaults. This means that we have had to stump up a bigger deposit and are paying around £150 a month more due to higher interest. However we can look at remortgaging at a lower rate in a few years when our credit files are clean again. Also anything is better than throwing money on the bonfire that is renting!

 

The only thing to make sure of when you move, is to let all your creditors know your new address, so that they can't do a backdoor CCJ.

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Thank you for your reply London1971, I guess my fear is that although I have a lot of debts, my partner doesn't. I know we could still get a mortgage. The money would be coming from him...my fear is that my Aussie debts get chased and they take the property away? Not sure if this is how it even works, but just a fear in the back of my mind.

 

I don't want to be on the mortgage agreement if I can potentially ruin my partner's life.

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Thank you for your reply London1971, I guess my fear is that although I have a lot of debts, my partner doesn't. I know we could still get a mortgage. The money would be coming from him...my fear is that my Aussie debts get chased and they take the property away? Not sure if this is how it even works, but just a fear in the back of my mind.

 

I don't want to be on the mortgage agreement if I can potentially ruin my partner's life.

 

As you have been told by the most knowledgeable posters on here, this is vanishingly unlikely. I can comment, having had Canadian debt which I completely ignored and nothing happened.

 

Even if the 1 in a million chance came to pass and they managed to chase you up, this is an unsecured debt, no one is going to take your property away. The risk of you throwing 10's of thousands into the rent blackhole over the next few years is far, far, far more serious !

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