Australian debt - UK resident

[JonnyC89]

Hello!

 

Cannot believe I've only just found this website!

 

I realise there's many threads but none quite about my stage...

 

My debt is a $12k Aus Credit Card from last year.

They emailed and I ignored

then they called my work relentlessly until I was taken into a HR meeting about it.

They also called two people from my Instagram (one I didn't even know personally).

I've since privatised all my social media.

 

I emailed them a massive complaint detailing every ACCC breach and gave them my email and number.

 

 

They replied to my complaint last week addressing only the point about pretending to be someone else saying that they never.

No other points addressed.

 

Then I received a call stating I need to pay, it's not going away etc.

I told them I was at the brink of losing my job and I simply can't afford to pay it all ($12k) because I'm a student working part time.

 

 

They've then emailed me an income and expenditure form and requested my HR letters and 3 months bank statements. They are going to call next week to catch up.

 

I'm going to ASIC about my complaint not being addressed properly

but I'm not sure what to do in the meantime about the agent calling me next week wanting all my info?

 

I realise now from reading this I shouldn't acknowledge it but i simply had to due to work.

 

I have no idea what I can/should do??

[dx100uk]

you IGNORE THEM TOTALLY

its a fleecing exercise and they have

NO LEGAL POWERS WHATSOEVER

they ARE NOT BALIFFS

and

they have NO jurisdiction in the UK anyway.

 

 

there are NUMEROUS threads on here about them

simple use our search

go see your HR manager

and SHOW them

the threads here

tell them to threaten them with a lawsuit if they continue to use your works number.

 

 

dx

[JonnyC89]

The thing is, I work in finance so I can be under investigation for poor integrity if they deem I've not paid.

 

That's the only thing they hold over me, contacting me at work if I ignore them.

 

Is it overkill and a waste of time to escalate me complaint to ACCC, ASIC, CIO and Econsumer?

[unclebulgaria67]

Yep you can be dismissed due to financial issues.

I have known several people working in financial services to lose jobs because of a court judgement on record. Others without court judgements have had to show they were repaying debt.

 

Credit corp have still broken rules regarding the contacts they made, so continue with your complaint.

 

You need to provide Credit corp with your UK residential address and advise them of your financial situation i.e income and expenditure.

 

 

Show them you have no means of paying and no assets such as a house.

 

 

They will then leave you alone for awhile and go after others.

 

 

corp use UK Solicitors, if it is worth going after people, because they have good income or assets.

[JonnyC89]

Out of interest, if this goes down the route of them instructing a UK solicitor and they issue a court order and I contest on the grounds of no jurisdiction - would it still be a CCJ on my part?

[unclebulgaria67]

Yes, a UK court is likely to accept jurisdiction and if you lose you will end up with a CCJ. This is provided the Aussie credit agreement terms allows enforcement in a foreign court, which it probably will do.

 

But Stevensdrake Solicitors who Credit Corp use ,are unlikely to want to take to court, unless they could obtain a largish lump sum payment, to make it worth their while. In a few cases i have seen mentioned online, as soon as they realise they won't recover enough to cover their fees, they give up.

[JonnyC89]

I see, I don't have any assets and live off a part time income whilst at uni.

 

I've emailed all the ombudsmans that would listen and emailed the agent back saying I want to await their response first and to not contact me by phone again, only by email.

[dx100uk]

the fact that you might have a debt abroad bears no refs to your UK position in the financial market

sorry but they are having you over as a fool.

 

 

dx

[unclebulgaria67]

the fact that you might have a debt abroad bears no refs to your UK position in the financial market

sorry but they are having you over as a fool.

 

 

dx

 

Financial Services companies see debt as a problem, as it might tempt some employees to do things to help them pay debts off e.g set up loans etc.

 

There might have been questions asked when they applied for the job about having debts.

[krios]

Threaten CC with a complaint to the Australian privacy commission.

That one they will listen too, its a massive no no to involve others and breach your privacy.

Plus advise that they are breaking UK law acting as debt collectors without a UK license.

 

I did this and more in one email and never heard from them again.

 

 

Maybe because i told them they did not have my permission to send electronic mail and was going to put in a complaint to Optus (who they were using at the time and maybe still are) to submit their mail server IP to the anti spam database.

 

Next time they call DO NOT answer any security questions ever.

You have a right not to answer those and they cant talk to you if don't answer them.

The privacy commissioner in Aus has advised you not to answer questions over the phone.

 

Just so you know what i did was totally ignore Stevens Drake solicitors and never heard from them again either.

 

 

They were claiming $33,000 on a credit card.

[dx100uk]

i'd forgotten about you krios!!

you posts are VERY useful

 

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=8137546

[krios]

Thanks I will help if I can as I have experience with these parasites from Aus.

 

It would help a little to know where the OP was living in Aus at the time of the alleged debt.

It can make a small difference for example Statute limits are different in the northern territory.

Unless things have changed recently.

 

 

Also each state has its own licence requirements for debt collectors.

 

It wouldn't hurt for the OP to let them know that we are following this on here on the forum for all to see too.

 

 

Credit Corp don't like this kind of attention as it helps others they are chasing to know their rights.

 

 

Don't suppose Stevens Drake solicitors in Crawly like the help given here either

 

In my case I kept CC going for about three years until the account was statute barred.

[dx100uk]

I might see if I can copy your various posts over the years to one thread

they wont all makes sense in the order they'll be as they'll be missing posts

but if I refer back to each thread

the whole of the info in one place could be a gold mine and a good focus for info.

 

 

thanks

 

 

dx

[unclebulgaria67]

There is a sticky with much of this info, which can be added to.

 

I should imagine that there will be a lot of former Aussie residents moving to the UK over the next few years, as there has been a massive credit binge in OZ over recent years, which will probably go wrong.

 

House prices for those on the ladder have gone up massively.

 

In many parts of Sydney, average prices are now nearly $1 million AUS.

 

And lenders are willing to lend unaffordable amounts, which will end up with repossessions.

[krios]

@DX100UK Please feel free if you think it would help others.

 

It would be a good idea to look for posts by a guy called creditcorptrouble

He had the best info and at one time a full website that tracked all creditcorps breeches of guidelines.

 

He went to court a few times in aus to take them on and won.

He stopped posting after they went after him big time to close his website.

 

Cant say what happened but MY guess is they paid him off and included a confidentially clause.

 

 

As I said just my guess but after getting to know him it would be the only thing that would stop him in my opinion.

 

@unclebulgaria

 

That's been going on for 20 years or more.

When I was there two banks gave me credit cards with limits of $20,000 each and I was unemployed.

 

 

Every time I got near the limit they just increased it without my asking.

I went years paying one card with the other until I was so deep in debt bankruptcy was the only answer.

 

 

As a bankrupt I wouldn't have been allowed to leave the country so became a debt exile instead.

[JonnyC89]

Hello!

 

Thank you so much!

 

I was living in Sydney when I took the card out and was only in NSW/QLD/VIC.

 

I've advised them I only want correspondence via email and the complaint I sent

(which outlined 29 ACCC regulations and how each individual one was breached)

that they shrugged off,

 

 

I've escalated to ACCC, ASIC, CIO and Econsumer but I will also submit to the privacy commissioner.

 

 

I've advised them I'm not going to be in contact until I at least have my complaint looked at by these organisations.

 

It's really weighing on my mind.

I took this out expecting a much higher tax/super rebate to clear it but received WAY less that I realistically anticipated, which went on living costs in the UK until I got back into work.

 

Now I'm a student working part time, I don't have the means to support myself let alone this.

If I had the money, I'd pay it. I'd much rather that than the sleepless nights.

 

Your posts have really helped put my mind at ease though, can't thank you enough.

 

@unclebulgaria

 

Btw they are in such a massive credit bubble there, I dread to think when it bursts.

 

I'd been in the country six months and just had a temp job and six months left on my visa.

 

Provided my bank statements and visa, they gave me a $10k credit card that had an expiry date dated until the month my visa expired - crazy.

[krios]

@JonnyC89

 

I know its hard but you have to try and stop worrying so much.

Nothing happens fast with these parasites.

Apart from annoying people that is.

 

 

Stop talking to them except to complain and maybe request ALL information they hold on you which is your right under the privacy act. Only do that if they have your home mail address.

 

You don't have the money and no assets.

The worst they will try and do is refer it to Stevens Drake solicitors who wont take court action with a risk that they will be awarded £1 a month.

 

 

It will take them twenty years to get the court costs back.

They wont do it as others have already said.

 

 

The main thing is to stop them contacting you.

If you refuse to answer the security questions every time they will get tired of calling.

You just have to stick with it for a while till they move onto some other poor sod.

[JonnyC89]

Thanks so much Krios.

 

If it was a legit company, I'd actually set up an arrangement but I've seen the people on here that've paid instalments and had no record of it and the balance go up with charges etc. Feel like I'd be paying into a black hole.

 

I've been careful not to give them my home address. They requested bank statements etc to assess my income and expenditure but I'm not doing that for the very reason that it has my address on statements.

 

That's me also sent a complaint to the Privacy Commissioner detailing all of the breaches.

[krios]

Jonny,

They have no right by law to your income and expenditure details and your right about the charges. Interest alone was running at around 18% so all you would end up with a payment arrangement is owing them more each month than you started out with.

 

Also from what I heard of credit corp and payment arrangements is they still contact you every month to request/demand more and more money each month.

 

You will never get these people off your back till you refuse to talk to them. It does take time but they do give up eventually as there is not much they can do apart from harass you and embarrass you by calling your work etc. Not nice people.

 

To make a point here for others in your situation, there are any number of Debt collectors in Australia but the only company we hear of on this forum is Credit Corp

[JonnyC89]

The CIO have just acknowledged my complaint and told them to suspend action in the meantime so that's given me some breathing space at least.

[krios]

Good news,

but they will come back at you so get ready for the next round

 

No more talking on the phone and email only would be my next step.

 

When you get an email reply asking for Credit Corps UK debt collection licence so you can check they have the right to contact a UK resident.

 

We know they don't have that but they will come back with some crap about not needing one.

 

Then you file a complaint with the Aus regulators about their illegal actions in the UK.

 

See what we get from that

 

Lots more we can do yet so relax and try and have some fun with it.

Have a read of this thread from start to finish

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?265807-More-AUS-debt-being-chased-in-the-UK

[JonnyC89]

Hello,

 

Just an update. Haven't heard from Credit Corp since lodging the complaints.

 

ASIC and CIO have came back asking for more info about the complaint/my finances so have sent those back

[JonnyC89]

So the CIO have came back with an agreement of $75 a fortnight. Waaay more than I can afford!

 

They never addressed the issue of CC's debt recovery agents behaviour either

[unclebulgaria67]

Did you agree for CIO to negotiate a repayment arrangement ?

[JonnyC89]

No, I complained that I couldn't repay the debt and the agents methods to recover them?