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jellybinh

drake - AUS debt being chased in the UK

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I stalled Credit Corp for over a year on a debt they bought from wespac, now it is statute barred, and I am over the moon.

 

a few points

 

They can not apply for bankruptcy if you are not in Australia

The Australian Attorney General's website warns companies thinking of persuing Australian debts (with Australian judgements) in the UK that while it is technically possible, it is extremley expensive, and should only be done with a full understanding of the costs and delays involved.

I reported the UK solicitors to the OFT for failing to follow UK guidlines on debt collectors

Credit Corp has regularly been castigated in Australian courts for not presenting the full paperwork showing deeds of individual debts when suing for the debts, so even if they try and sue you in Australia

 

I realised very early on they didn't want the full amount, they just wanted a written acknowledgement of the debt, and a offer of a schedule of payment, so the clock would be re-set on the statute of limitations and they still had an asset. I held them off for the 18 months required for the debt to be statute barred.

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Hi jelly,

Who were the UK solicitors? Was it stevensdrake? What action did they take if any and how did you stall them?

 

Stevensdrake apear to be the uk solicitors at the present time for credit corp and their website offers debt recovery. Dont know if they are registered as debt collectors but they sure offer the sevices as such.

 

Thanks for the info you supplied so far,

Cheers

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Yes it was stevens drake. I told them to put up or shut up. I researched in great detail my rights in Australia and the UK and started to stop panicking. My request for evidence of the original agreement and the deed of transfer was ignored, I just received vast copies of old statements. I refused to deal with any one other than them, to make myself as much of a pain in the arse as possible. I made a complaint to the OFT. I guess eventually they put me in the "waste of time" pile and moved onto someother poor bastard who thought SD actually had some kind of power over them in the UK.

 

Simply ask for a copy of the deed of assignment, not just the notice of the deed of assignment. In the past in Australia, credit corp has repeatedly been unable to fuly document transfer of debts to the court's satisifaction. This step is critical if the defendant is denying the debt.

 

An important thing when considering the notice of assignment, is the address it was sent to. Credit Corp sent the notice of assignemnt to my parents place, even though I had left Australia 6 years before, and had continually updated wespac with each new overseas address, of which there were many. When I left Australia in 1998 and told wespac of this, they were unable to set the account up with an overseas address, but were able to add an additional overseas address as a mailing address, which they did and I continued to receive my statements.

 

I guess when the debt was transferred to Credit Corp, wespac only gave them my account address, not my residential address, even though I had kept wespac fully informed of the changes. If it had gone to court, this would have probably been my main defense.

Edited by jellybinh

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Many thanks for the info.

"I refused to deal with any one other than them"

Was that Stevens Drake or Credit corp?

 

Cheers

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Exclusivly Stevens Drake, I made them work for their money (that they were never going to get). I put it to them that as the debt and the owner of the debt was still in dispute, they were unable to chase after it. I demanded the documents from SD that credit corp had failed to provide me. SD obviously had as hard a time as I in getting the docs, it took them months, and even then they only got some of the docs i had requested. I complained to the OFT they were breaching the code of conduct by

 

  • persuing a debt in the wrong jurisdiction
  • threatening legal action they were unable to take
  • persuing a debt that was still in dispute

All businesses have to justify costs by returns. If I cost SD more in staff resources than they would ever receive in "bounty fees" from credit corp, it makes no business sense for them keep me as an active persuit. I did the opposit of hiding from a DCA, by being the most in your face, demanding, high maintenance individual, with written comminication on a weekly basis.

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