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    • In essence I am trying to win a loosing battle i take up the 33 % discount on offer me thinks
    • Whose duty?   you can use civil law to pursue the GDPR issue with the police (though, as I’ve stated: it may not do you any benefit).   The court isn’t bound by any duty under GDPR that the police may (or may not) have. I can only repeat, the duty of the magistrates regarding verdict is “is the offence proven beyond all reasonable doubt?”. They can’t, and won’t, be influenced by the GDPR issues at that stage, and you are misguided if you continue to believe that it will make a difference to their verdict.
    • the duty of the police
    • Hi Andy   The following is my WS2 in reply to their WS2, please do let me know if i need to mention/amend/add anything to it, the attachments are in my previous post #78.   Can i add my costs as this is the second hearing for it?   Also i don't know if this will help but i also have an old Capital One Credit Card which i don't use anymore, so how can i possibly have 2 Capital One Credit Cards as this claim is clearly for the Luma Credit Card....   SECOND SUPPLIMENTARY WITNESS STATEMENT OF ROLAND I, Roland, the Defendant in this case, will state as follows; I make this second Witness Statement as a supplementary to my first Witness Statement dated 22ndNovember 2019 Page 1-2 and Amended Defence dated 17thDecember 2019 page 3-4 in Exhibit xx1 in response to the claimant’s second witness statement dated 14thJanuary 2020.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT  1. The claimant failed to comply with my Section CPR 31.14 and Section 78 of the Credit Card Act 1974 request and their claim remained stayed for over one and half years. I can only assume as this was due to the claimant not having any of the requested documentation below and issuing a claim in hope of an undefended default judgment.     2. The stay was lifted by Deputy District Judge Mitchell 4thDecember 2019 and the Claimant’s application for summary judgment and/or strike out was dismissed.   3. My amended defence was filed and served 17thDecember 2019.    4. I received the Claimant’s Second Witness statement 21stJanuary 2020.   5. It is accepted as per my Amended Defence para 2 insofar that I have once held a contractual relationship with Capital One Bank (Europe) Plc for a LUMA Credit Card and not a Capital One Credit Card.    6. The Claimant’s point 23 in their second witness statement dated 14thJanuary 2020 refers to me providing supporting evidence that my application was for a LUMA Credit Card, and that their position that it is for a Capital One Credit Card. This is for the Claimant to prove it’s a Capital One Credit Card and not a Luma Credit Card, when this matter was heard by Deputy District Judge Mitchell 4thDecember 2019 he also questioned the Claimant’s advocate the same.   7. The Claimant’s point 24 refers to the Reconstituted Capital One Credit Card Agreement in their Exhibit JK1 pages 2-3, that a firm is able to reconstitute a copy of the agreement and that there is no obligation to provide a copy which includes a copy of the signature, then why has an electronic signature and date been applied…regarding the same question by Deputy District Judge Mitchell on the validity of the signature on this Reconstituted agreement to which the claimant’s advocate stated that it may have been an online application, which is not true as it was a signed postal Luma Card Application and not a Capital One Credit Card online application.    8. The Claimant’s point 25 states that they would say that the 16 digit account number in the top left hand corner on the Reconstituted Agreement is now not the account number but a ‘document number’ and that the Account number is on Page 9 of their Exhibit JK1, which is a blank page with my name and a 16 digit Account number on it. The Claimant is backtracking and clearly16 digits are Credit Card/Bank Card numbers.    9.  The Claimant’s reconstituted Agreement has failed to be a true reconstituted version and failed to provide any supporting document to confirm that this claim is for a Capital One Credit Card and not a Luma Credit Card.     10. The evidence provided by way of Exhibit JK1 is woefully deficient and invalid and not pursuant to the CCA 1974 request.  Until such time the claimant can comply and disclose a true executed copy of the agreement complete with terms and conditions from inception which they refer to within the particulars of this claim and witness statement they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.   11. For the reasons set out above I invite this court to strike out the claim and request my costs as litigant in person to be awarded.      Many thanks, Roland 
    • By severe penalty you mean ? criminal record is criminal record right ? isnt it still their duty comply with GDPR albeit Civil
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Kiwigel

Student Loan debt in NZ, Living in UK

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I've had a student load in NZ since 1996 and never paid anything off.

I have lived in the Uk for 15 years and

 

recently I was contacted by a collection companany called CCI representing IRD and saying I owe NZD 36,000 and need to pay now.

 

After advice from a lawyer,

I have decided to apply for bankruptcy in NZ.

 

Now, my question is,

do I make contact with IRD and/or collection agency informing them that I have applied for bankruptcy as have no way of paying loan back?

 

I am worried they will continue putting pressure on me now they have found out where I live.

I have no assets,

earn a low income,

an a single mum etc so really have no way of paying anything back.

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guys I need advice. I have a student loan in nz dating back to 1996. No payments made. I have lived in uk for 15 years with no intention of going back to nz. I owe $36,000. Should I declare myself bankrupt in nz? I think its my only option as I have no assets and a low income.I have looked on the Insolvency website in nz.

The IRD's collection agency in UK, a company call CCI have found me and are hounding me. Should I make contact with IRD and/or CCI and explain that I have no money and will be declaring bankruptcy in the near future.

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This is a UK site. Not sure anywhere here will know enough about NZ student loans or NZ bankruptcy processes. If you have spoken to a NZ Lawyers and they are dealing with bankruptcty, you should not be contacting any debt collectors. Just wait until you have sorted out the bankruptcy. Then once that is going through, the NZ creditors owed the money will be contacted and debt collection should stop. If it does not, then pass on letters to whoever is handling the bankruptcy.

 

Debt collectors have no powers and you can ignore them. They can threaten allsorts, but they would need to spend money going through a court process to have any debt enforcement options.


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Hello Kiwigel.

 

I see you've started your own thread in the Overseas debt forum so I'm closing this old thread to avoid confusion. Please continue to post your questions on your new thread. :)

 

HB


Illegitimi non carborundum

 

 

 

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if you are going BK solely over this stupid powerless DCA chasing a NZ debt from 1996 id stop the process now and not waste anymore money doing it.

 

there is absolutely nothing a powerless DCA can do whatsoever about the debt.

they ARE NOT BAILIFFS

and as with all DCA letters not matter what country the supposed debt originates from...they can be TOTALLY IGNORED.

 

dx


..

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I've had a student load in NZ since 1996 and never paid anything off.

I have lived in the Uk for 15 years and

 

recently I was contacted by a collection companany called CCI representing IRD and saying I owe NZD 36,000 and need to pay now.

 

After advice from a lawyer,

I have decided to apply for bankruptcy in NZ.

 

Now, my question is,

do I make contact with IRD and/or collection agency informing them that I have applied for bankruptcy as have no way of paying loan back?

 

I am worried they will continue putting pressure on me now they have found out where I live.

I have no assets,

earn a low income,

an a single mum etc so really have no way of paying anything back.

 

 

Hi Kiwigel,

I am just wondering if you have gone ahead with filing for BK and if so did you file in the UK and include your NZ loan, or did you just file in NZ?

 

I have debts that I can not clear here in the UK and no assets so have been advised to file for BK, but have been informed that I need to include all debts including my NZ student loan. I contacted insolvency NZ, who told me they are unsure if a UK BK will be accepted by NZ, meaning I may have to file a separate bk in NZ to cear my NZ student loan (so, file for BK in both countries). Why they are unsure I don't know, given all the postings on the internet about overseas kiwis filing for BK to get out of NZ student loans surely Im not their first case of this nature?

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start a new thread

and start one of your own please

I question the need for anyone to go BK in the UK let alone NZ


..

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Hi Kiwigel,

I am just wondering if you have gone ahead with filing for BK and if so did you file in the UK and include your NZ loan, or did you just file in NZ?

 

I have debts that I can not clear here in the UK and no assets so have been advised to file for BK, but have been informed that I need to include all debts including my NZ student loan. I contacted insolvency NZ, who told me they are unsure if a UK BK will be accepted by NZ, meaning I may have to file a separate bk in NZ to cear my NZ student loan (so, file for BK in both countries). Why they are unsure I don't know, given all the postings on the internet about overseas kiwis filing for BK to get out of NZ student loans surely Im not their first case of this nature?

 

Hi

 

I only applied for bankruptcy in NZ and it was accepted thank goodness. Its very simple to be honest. I did it all online from the UK. The NZ Insolvency Website is very good.

 

So far so good....it has not affected anything in the UK. I had heard sometimes they contact your bank in Uk but nothing so far. It went through very quickly also. Within a few weeks. I only had the student loan debt. Ask me anything you need btw.

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Since you kindly offered to answer questions about this I wanted to ask for an update on how your NZ bankruptcy is impacting on your life in the UK?

 

I am considering applying for NZ bankruptcy and it's been hard to get any useful information on what effects this would be likely to have on my life in the UK so any insider info would be much appreciated!

 

I'd be particularly interested in what UK financial documents (bank statements, payslips, etc.) you had to provide and how much contact you've had with the administrator since that initial application process (do you have to provide regular updates, etc?).

 

Also, did you have to sell any assets and are you having to make regular payments during the term of your bankruptcy?

 

Thanks in advance.

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if you go BK in NZ that's it dead done

cant effect anything here and know one knows about neither do you have to tell them

kwigil has new returned to cag.

 

thread now closed to stop newbie bumping

 

anyone with a similar issue that has their own issue after reading this thread carefully

then start a new thread

 

dx


..

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 515 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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