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    • Thank you Bankfodder.  I used the term frustrated agreement purely based on my own research and what I found on the Govt's website, especially in relation to Covid.  My situation appeared to fit but if it doesn't, it doesn't. The length of time the actual works themselves will take is not written into the agreement but I was told 2 weeks, they are doing the interior ceiling and electrics too. I was prepared to accept the new date of 7th Dec until I was told I couldn't speak to their Director for two weeks and then found out that they haven't applied for building regulations yet, this is something else they are doing on my behalf.  As they can't order anything until they have the regs through I can't see how the roof is in the process of being made (which is what they keep claiming). I contacted the CAB as I wanted this wrapped up for the weekend and had two conflicting recommendations on this forum.  One to just let the credit card company handle things and others saying I must give more time.  I'm not complaining, am grateful for advice - just getting more and more confused as to what I can/can't do. If I can avoid it at all I would rather not go through another 6 weeks of this, waiting for them to prove that they can't manage the Dec.date.  By that stage it could well be feasible that the roof is in the manufacturing stage, where as at the moment it can't be, which would further complicate things. Based on all this and what the CAB said I sent the email below last night and received Homeview's response this morning. If it came to it that I retracted what I've said and allowed them to go ahead for 7th Dec. and they didn't manage that date, wouldn't it be the credit card company that would recover the deposit - not me?  BTW I raised a dispute with Capital One last night. Email.pdf
    • oh dear  i think you are in for a big shock   i doubt very much the loan is settled there will be £100's in unlawful fees i bet   we have numerous threads here about them in 2016 they were residing at   PO Box 1044 ipswich IP1 9YA   i would be sending them an SAR  don't ever ring them.   have you checked your deeds online recently? check they are on there. and has the loan ever been subject to legal action?   if not that would be a rare thing to us.   https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=Skye Loans&oq=Skye Loans&gs_l=partner-generic.12...0.0.1.951169.0.0.0.0.0.0.0.0..0.0.csems%2Cnrl%3D13...0.0....34.partner-generic..1.0.0.1dXrS2w9t2c    
    • doesn't say will anything. read it properly and carefully.   only the owner of a debt can get one of the many fake/tame paperwork only solicitors to issue any proceedings and they would have to abide by the courts pre action protocol of 30  days letter first!   as it's owner...i can try and instruct my dog to sit, if it does is a totally different matter. if my neighbour, who doesn't own my dog, tries it, it would ignore them.   the bottom line is there is nothing anyone can do to you. gyms don't do court gym debts don't appear on credit files.   any DCA they might get to write to you ARE NOT BAILIFFS any a DCA has ZERO legal powers on any debt, no matter what it's type.   dx    
    • This letter arrived in the post today, please advise how to proceed. I know the forums say they won't action but am very worried about this
    • go save his bacon clint and put him right...   dx  
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
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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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  • 2 weeks later...

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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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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