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Hello,

 

I am new to all of this so apologies.

I am scared silly.

 

I left Australia in June 2012.

I had to leave due to splitting up with my defacto boyf which was awful.

I lost everything and had to start again.

 

This included not being able to get a job for nearly a year and couch surfing (homeless) for 6 months!

 

I have eventually got myself back on my feet - job, home etc.

I had a debt which I left in OZ which was joint with my ex

- it was a credit card and current account.

 

I have just been contacted via letter by stevendrake demanding $5000 debt payment. They have also given me 14 days to reply so they can deal with me amicably!

 

I really have no idea what to do

- I have had an unknown number calling my mobile the same time every night.

Can anyone help?

Edited by dx100uk
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Stuff and all anyone can do

Ignore totally


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Stuff and all anyone can do

Ignore totally

 

Agree.

 

Makes you wonder how Stevensdrake traced the debtor.

 

Suspect it is just a fishing letter. The name and date of birth matches, so it must be the debtor. Or the ex partner gave the Aussie creditor the UK address.

 

I can't see that they would issue a UK court claim, but if they do, then obviously don't ignore that. There was a similar Stevendrake case reported on this site, where they did issue a court claim, but withdrew when mediation was requested. Stevendrake decided that it was not worth the hassle, if the claim was defended.


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joint debt? the let them chase him. the reason they arent is because they think you will be scared by this sudden approach and thus stand a chance of convincing you that yu should sign some document that gives them the right to make you laible for HIS debt.

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Stuff and all anyone can do

Ignore totally

 

 

What makes you think that? It could well be enforceable in the UK, see the The Reciprocal Enforcement of Foreign Judgements (Australia) Order 1994.

 

 

joint debt? the let them chase him. the reason they arent is because they think you will be scared by this sudden approach and thus stand a chance of convincing you that yu should sign some document that gives them the right to make you laible for HIS debt.

 

 

This is a joint debt so they are joint and severally liable which means that both parties are liable for the full amount.

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one party is in Oz, the other broke and in the UK. which do you think the dca's have a chance of extracting money out of anywhere let alone in an english court.

 

just having to explain why they are using a foreign court to recover a debt that another party is liable for will be enough to make them decide it isnt a good idea to spend money on such action. this isnt about the rights of the creditor, it is about practicalities.

 

It is SB in the UK anyway so that kills a claim under english law

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one party is in Oz, the other broke and in the UK. which do you think the dca's have a chance of extracting money out of anywhere let alone in an english court.

 

 

You are assuming that the OP is broke when you do not know that for certain. The creditor can make a money claim in a UK county court, the same as any other creditor can. Currently the debt is with a DCA but that does not mean the debt will not be escalated to enforcement agents if a CCJ is issued.

 

 

 

just having to explain why they are using a foreign court to recover a debt that another party is liable for will be enough to make them decide it isnt a good idea to spend money on such action. this isnt about the rights of the creditor, it is about practicalities.

 

It is SB in the UK anyway so that kills a claim under english law

 

 

You cannot state for certain that the creditor will decided it is not a 'good idea' when the OP is also fully liable for the debt as well as another party. You also cannot state for certain that the debt is statute barred without knowing when the OP's ex defaulted on the accounts. The OP left in 2012 but the accounts could have been used without default until recently.

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