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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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I moved to Canada 2 years ago as a Permanent Resident and I've been paying the SLC for the last 18 months but now I've had a private loan recalled (father in law) and I can't make payments to him, MBNA UK (£10,000 on 0% credit card) and the SLC.

 

I've decided to pay my family and MBNA but I want to know what damage the SLC can do to me. If not paying the SLC is going to ruin my credit then I'd rather lump it all in and default on the MBNA too so I can pay this private loan back quicker. If not I'm happy to pay.

 

I get my citizenship next year and it's unlikely we will be returning to the UK. Ireland at some point possibly but not the UK.

 

Loans were taken 2005, 2009-2012. Totally £21,000. Outstanding is £15,000

 

Thanks in advance.

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Do SLC know you are resident in Canada ?

 

Debts are not often enforced outside of the UK. Ireland would be easier if you moved there, as there is more cooperation between Ireland and UK. In theory UK debts can be transfered to Canada as there is a Commonwealth agreement on debts, but i very much doubt it would happen.

 

If you stopped paying SLC, a default debt amount of arrears would be created and eventually the debt would be sold off and if you came back to UK or Ireland if might be subject to court claim. And the debt would always be capable of court action as they are not affected by limitations law.

 

It might be sensible to write to SLC just saying that you are resident in Canada and will have to stop repayments until further notice, as you have other debts which are currently causing you problems.


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id stop MBNA too.

 

 

nothing much any UK creditor can do to you...

 

 

dx


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Thanks for the replies guys.

 

A few questions regarding MBNA:

 

1. Is it better to get a CCJ or to tell them I'm in Canada so they can't?

 

2. I want the 6 year countdown to start ASAP, what's the best way to make that happen?

 

3. MBNA have a presence here in Canada, will they try and use their Canadian arm to reclaim a UK debt?

 

Last question is theoretical.

 

If I continue to make payments to MBNA for a few months but happen to build up debt on other cards

- would this be any worse than simply defaulting on the one?

 

I mean my credit record is going to be ruined in both cases.

Theoretical question of course...

Edited by dx100uk

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Thanks for the replies guys.

 

A few questions regarding MBNA:

 

1. Is it better to get a CCJ or to tell them I'm in Canada so they can't? they cant you're in Canada.

 

2. I want the 6 year countdown to start ASAP, what's the best way to make that happen? stop paying.

 

3. MBNA have a presence here in Canada, will they try and use their Canadian arm to reclaim a UK debt? - nope they wont even know

 

Last question is theoretical.

 

If I continue to make payments to MBNA for a few months but happen to build up debt on other cards

- would this be any worse than simply defaulting on the one?

 

I mean my credit record is going to be ruined in both cases.

Theoretical question of course...

what credit record uk or Canada?


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what credit record uk or Canada?

 

UK

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Regarding the CCJ - they still think I'm in the UK - statements are going to my parents address. Should I tell them or keep shut?

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only UK debts would show.

and they cant harm you in Canada


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Regarding the CCJ - they still think I'm in the UK - statements are going to my parents address. Should I tell them or keep shut?

 

 

you legally should have informed all your creditors you are resident in Canada the day you were.

 

 

dx


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Regarding the CCJ - they still think I'm in the UK - statements are going to my parents address. Should I tell them or keep shut?

 

Worse thing you can do is hide abroad and not tell UK creditors you are not resident in the UK. That means it is very likely they would get a UK CCJ in your absence using your last known UK address. It is then much easier to transfer a UK CCJ to a court in Canada. Much more difficult to go straight to a Canadian court without a UK CCJ.

 

Suggest that you write to all UK creditors giving them your Canadian address and a copy of something proving you are a resident in Canada. If you need to stop payments, then do so and advise UK creditors. It is very unlikely any action would be taken against you in Canada. You will get debt collection letters, but that is probably all. No afffect on your Canadian records.


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I've let them all know now - will keep people informed as to what happens.

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Quick update.

 

Let all my UK credit card companies know that I'd moved abroad - kept written confirmation from all of them of this.

 

Student loans company managed to track me down to a new rental apartment

(pretty sure my old landlord just gave them my forwarding address

- probably the new tenants panicking over the red letters).

 

So far they've sent about 4 letters with big scary red bars saying further action will be taken.

They also call from Scotland occasionally

- I know it's them because it's a withheld number.

The left a voicemail once but they don't bother anymore.

 

I'll be stopping the credit cards in Feb so I'll expect them to start hassling me at some point.

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New update.

 

Student loans were transferred to Transcom who called about 20 times over 4 months. I ignored the calls.

 

 

New letter arrived about a month ago saying the debt had been transferred back to the SLC. They've been silent since.

 

 

 

I also stopped paying all my CCs about 4 months ago. Total debt is around 30,000GBP. Getting letters from these 3 creditors every 2/3 days.

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I lived in Canada, had UK debt companies chasing me. I can confirm they can't do anything to you, and it will have no effect on your Canadian credit file.

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I lived in Canada, had UK debt companies chasing me. I can confirm they can't do anything to you, and it will have no effect on your Canadian credit file.

 

 

Good to know.

 

 

My only regret is not doing this earlier. I'd be 3 years in to the 6 year credit report cutoff.

 

 

I don't plan on returning to the UK anytime soon though.

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Fair enough, but as they say, Man plans, God laughs.

 

But just on an even more reassuring note for you, just in case.

 

Not one of the UK debts who were chasing me in Canada, ever took anymore action than threatening letters even when I came back to the UK. I returned 9 years ago and they are all off my CRA files and long since statute barred by now.

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Quick update.

 

Student loan letters have stopped, MBNA, BoS and Barclays still sending letters. No default notice yet.

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Something weird happened. I defaulted on all of these cards in January.

 

MBNA has since disappeared from my credit record. The other two are still there.

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I had a letter saying the debt was transferred to a local collection agency but not heard anything since.

 

I am over a year in arrears. Just stop paying they aren’t going to do anything

.

 

 

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8 hours ago, gingertwist said:

Wondering if you have any updates on this? 

 

Been in Canada for 3 years - been paying back UK debt and SLC. 

 

Its crippling me with the currency conversion.  

create a new topic

tell us about the debts

 

hit create in the top red banner

 

dx

 


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please create your own topic gt.

dca's are not bailiffs

list your debts

 I bet most are unenforceable inc the slc loan

stop being cash cowed!!

 

dx


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9 hours ago, gingertwist said:

Just a couple more questions.... 

 

A local one in Canada or UK? 

Has it effected your Canadian credit? 

Are your parents recieving letters at their address? 

 

I don't want to screw up both credit files and I don't particularly want my mum ringing up telling me some Goon has tried to take her stuff 😂

 

Not sure what you mean "local" in Canada or UK? All my debt is in the UK.

 

If you're here on a permanent visa, that is PR or something that even leads to PR then I would just stop paying them once you have told them that you are no longer in the UK. I left behind over 20 grand in credit card debt and 15 grand in SLC debt and they have not taken any action other than letters and phone calls in the last 5 years.

 

My only regret is making payments the first 2 years I was here. I should have stopped paying immediately as then I would have been able to buy a house sooner.

 

Parents received letters until I updated my address and now they no longer get anything.

 

It doesn't affect your Canadian credit record (I have good credit in Canada).

 

I'm a citizen here now and have no intention of returning to the UK.

Edited by poutine

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Transfered to local collection probably means absolutely nothing. Standard letter for debtors who have moved abroad, which might raise fears of some local agent contacting them in Canada or wherever.  There are some people who would panic and make contact with UK debt owner, which is what the letter may be designed to achieve.

 

Debt collection agencies in most countries have enough domestic debts to collect and would not get involved with foreign debts. Too complicated and unlikely to collect anything to even cover their costs.  


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To clarify. The student loans company passed the debt to an Ontario based debt collection company who hasn’t contacted me and who I would ignore if they did as the debt isn’t recognized in Ontario.

 

Even if the debt was transferred to Canada it likely wouldn’t affect your Canadian rating. The system isn’t setup to log foreign debts. 

Edited by poutine

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Have moved Gingertwists posts to their own thread, as is the practice on CAG, as we don't want things to become confused.  No doubt Poutine will add replies to Gingertwists thread, if they can offer any help.

 

Gingertwists new threads link.  https://www.consumeractiongroup.co.uk/topic/418670-moved-to-canada-with-debts/


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