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Can UK Debt be enforced overseas??


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Hello - I have an outstanding debt in arrears with Barclaycard in the UK and am presently living and working in Australia. I have always been upfront and given them my contact name & address but they have sent my name & address to Mercers Collections who have written to say I need to contact them or they will refer to a local debt collection agency in Oz. I am going to contact them and intend to sort out a repayment asap but out of interest can they enforce a UK debt overseas and if so how far can they go?? Thanks for any advice.

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Hi There,

 

From my experience, a friend of mine had exactly the same problem when she moved to Paris and she didn't even bother to sen a fowarding address..but still they tracked her down and sure enough she had to enter into a repayment scheme.

 

They can and will send bailifs to the door..in this case Paris but then again European law migth be quite different from any agreement that Oz has with Britain.

 

You will need to check wat the law says or if there are any agreements between britain and Australia....

 

Not sure if this help... but anyway....

18/04/07 1st letter sent (again)

19/04/07 letter received by Stuart Higley

25/04/07 Usual blabla letter from NatWest "investigating and so on and so forth" received.

08/05/07 LBA sent

09/05/07 LBA received by Natwest

25/05/07 Claimed online by MCOL

Claim served on the 4th of June

Acknowledgment of service received 18th of June

Cobbets defense and Part 18 request received 05 July

Notice of Transfer of Proceedings received 06 July

19/07/07 Allocated to small claims track, refer back after 21 days.

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  • 2 years later...
Hello - I have an outstanding debt in arrears with Barclaycard in the UK and am presently living and working in Australia. I have always been upfront and given them my contact name & address but they have sent my name & address to Mercers Collections who have written to say I need to contact them or they will refer to a local debt collection agency in Oz. I am going to contact them and intend to sort out a repayment asap but out of interest can they enforce a UK debt overseas and if so how far can they go?? Thanks for any advice.

short answer is never heard of any being enforced and have read widely on it. Australain dca may mark your credit file though then you've got a fight on your hands... i'm currently going through that up hill battle with an old barclay shark debt.

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Especially so as you probably have been defaulted in the UK....so being defaulted twice doesn't seem right - these links in this thread MIGHT give some possible help/direction but they are based on UK law - (a few of them are probably irrelevant, but a couple are related to issuing of 'double' defaults) - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html#post1907382

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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thanks cerber, i'm already in contact with a few on that thread, we all "met" on another forum which has now been shut down by the bluff and bull of the dca's legal rep.

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Especially so as you probably have been defaulted in the UK....so being defaulted twice doesn't seem right - these links in this thread MIGHT give some possible help/direction but they are based on UK law - (a few of them are probably irrelevant, but a couple are related to issuing of 'double' defaults) - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html#post1907382

 

thanks yes the double jeopardy scenario is one of my strong arguments. need to understand more about the assignment legalities than i currently do. the dca bought the debt and now they say the original terms and conditions are null and void, as their agreement superceedes it. yet they won't provide any proof, or copies of original cra, or in fact any info whatsoever.

 

it seems "right" to me that the assignment just changes the owner of the agreement not the terms and conditions but i'm out of my depth legally here.... anyone know 100%? do we have any closet lawyers in the house?

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They cannot change the terms & conditions, they are part of the original contract.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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thanks cerber, i'm already in contact with a few on that thread, we all "met" on another forum which has now been shut down by the bluff and bull of the dca's legal rep.
Yes i heard about the problem with Expats forum.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thread moved to DCA Forum

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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