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podling89

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  1. I have to say that all this advice is so much appreciated, I never knew people could be so helpful. Thanks everyone, I will tip the scales for all and leave a donation as well. I bet the banks and DCAs hate this website... So, is the consensus that I send the prove it letter, or ignore it and see what happens next - which according to them is legal action.
  2. Re: Pursued in NZ by NZ DCA for UK debt If the CCJ was made whilst you were living in England/Wales under the Foreign Judgments (Reciprocal Enforcement) Act 1933 (c.13) they could take enforcement through the NZ system, however if they obtained a judgement when you were a non England/Wales resident that judgement will be invalid. So they can't take a judgment in England/Wales now I'm resident in NZ, as it would be invalid. Instead, can they just say well we'll take one out in NZ then, and not bother with one in UK, bypassing the 1933 Act. Would that be valid, considering the law governing the Credit Card and the CCA 1974 is UK based. I was told that if I'm not a resident of England/Wales then you would be ineligible to apply for the card as it applies only to residents of England?Wales. For example I can guarantee if you were a kiwi wanting a UK credit card you have to be resident in the UK? Thanks.
  3. Thanks pinky. Ok then, say they went for a UK CCJ. Knowing that I live in NZ now, how am I supposed to get there and who's paying. Where is the notice served? Here? or in UK?? Say they went for a NZ judgment, is it impossible for them to do that without first gaining a UK CCJ under Uk Law, & then transfer across??
  4. Thanks cerberusalert. They knew in Dec 2006 / Jan 2007 that we were leaving UK, but I have no CCJ against my name in the UK, as I checked with the online CCJ checker (registry trust?). Can they now therefore get a judgment in NZ instead? If the agreement is under UK contract law, inc 1974 CCA, would this not be very hard, without first getting the UK CCJ, then transferring it under the 1920/33 Reciprocal Laws?? I know this a long way away, but just gathering people thoughts on this..
  5. Thanks everyone again so far. I have to approach this with the fact that I signed under the CCA 1974 UK. ODC thank you for the link and now I've explored their site ( & more) in detail. The latest CCA law in NZ is 1993, but I never signed that. They surely can't decide that its now under NZ CC law. Thanks pinky for the link to reciprocality laws. Whats interesting is that they have to get a CCJ in the UK first, then apply to transfer it to NZ, then start again?..a long time away and is it worth their bother? Is that what it means?? I guess they are banking (excuse the pun) on me not having a clue and just freaking out about it all. I am stunned about the tactics that DCA's and banks use, and am not surprised a lot of people just capitulate and give in to their demands. This is the first time I've been in 'debt' and can't believe the way DCAs act.. Like I said earlier I made a half hearted winge, rather than a claim about charges and was told by HSBC that was it (about £100), forget about any more...I can give an informed guess that charges and interest over the years have amassed a lot more than that (prob £1500+), because that and the b***%rd way they treat me after 10 years, after sucking every penny I had made my mind up d that I'm not only going to turn 180 degrees and sort this, but you good people on here have now convinced me (believe me I've probably read hundreds of threads on here now) to claim charges & interest back, and I'm angry about they got away with. I am asking for help as I've never been in this state before, and am concerned. I can research though this and other forums but very little comes out about how to tackle this from another country, and I guess thats where the issue lies. I am a kind of guinea pig, and people are watching. I am guessing my first letter then should be to establish proof, then go through the CCA 1974 procedure, bearing in mind what I've said earlier in this post. Yes, this is Contract Law, but the Law is 11974 Uk not 1993 NZ law. Lets take it from here, I guess, and any help you folk can give me is appreciated so, so much. Thanks for any help, in anticipation.
  6. Hi, I posted up the docs for everyone to look at. Surely some of you mods and experienced folk have some kind of idea of what I should write to them. Please. Thanks again.
  7. Hi again. Thanks for everyone for all their help so far. I've managed to scan in all docs received so far, which I have placed into Photobucket, and linked to from here (I cant seem to get them smaller, so sorry about my hamfisted attempt). I have no CCJs in the UK, so nothing can be transfered to enforce here. There IS an old reciprocal law, dated 1934, but I guess its for more serious High Court stuff?? I could go along the lines of a DRO as the house and car are in my wifes name, and I have no job , as outlined earlier. We left UK in Nov 2006, so still within the 3 years limit. Nothing seems clear about these DRO's?? What I really need to know is WHAT do I write in a letter to these people, if anything. I must admit the last letter looks a bit serious and I have lost sleep over this, so I really need to do something. Any ideas what I would put in the letter?? or a draft letter? I guess there are a few people on here that would be interested in the outcome of this, so I will keep people updated. The charges on the card were always in dispute by the way, for years, but I never got anywhere, just a token few quid here and there. Note there is not even an account number quoted on these letters or anything else!! Anyway the letters, in order. As you can see they seem to be in a hurry, so I really need to do something to stop them in their tracks. A letter idea or draft would be really helpful, many thanks again First Second Third Scary outcomes from third
  8. Thanks for your replies so far. So are you saying I should just ignore the 3 letters, inc the last one regarding taking me to court if don't pay up or get in contact with them...then wait until they actually apply for a court proceedings then send them a CCA request?? I have absolutely no docs at all for this ccard debt now as we lost a heap of stuff somewhere (inc bank statements and other docs) - I wouldn't care I religiously keep everything for years much to my wifes annoyance but have lost a large box of docs somewhere - even had to get new marriage certs etc as they were all together. Should I just write to them, deny the debt and ask them to prove it? Once I reply don't forget it ups the anti I guess as I'm officially in contact and no-one really seems to know whats going to happen. There was a thread on Expatforum with a so called DCA gone clean but it could be a troll..?? The DCA appears to believe they can apply the NZ way on this debt (ie their Consumer Laws etc) - but they can't surely as it was signed under UK CCA 1974 and not NZ laws?? I have to do something as they basically given me the usual blurb of a few days before enforcement etc... Effectively do I call their bluff and just wait and see (order my credit rating & look at it) or do I go through the procedure that everyone seems to favour here i.e. CCA, Subject request, cessation of activity on account etc...and quote the UK 1974 CCA at them, even though we live in NZ, purely on the basis that agreement signed was UK law and not NZ?? I read somewhere that to become enforceable in NZ, the original creditors or another DCA would have to get a CCJ against me in the UK (not done) delivered to a UK address (don't have), apply for this judgment to be domesticated to NZ, then go though the enforcement there. Apparently the whole thing is so complex and costly and can take over 12-18 months by which time we may not be here anyway? HELP - what should I do???
  9. Well, it would seem that they function similarly looking through these forums anyway. Should I reply, and if I do, use the not enforceable in NZ line as UK debt under UK credit Act, and enclose the CCA request to the start the ball rolling. What if they say, 'nah', doesn't apply here mate, you're in NZ now and we do it our way. Do I arm myself and call their bluff?? Cheers..
  10. Hi there, I'm new here. This is my first post on this site and I'm at my wits end.. I've looked through many many other threads but don't seem able to get the required info or help. ANY help would be gratefully received. We emigrated to NZ in 2006 from the UK. I had a couple of minor debts that I paid before leaving but had MAJOR issues with XXX over my credit card for a while before leaving, namely excess charges etc - they refunded some and agreed that they had been in the wrong and credited some back to my account at various times and for various amounts. Some were for wrongly calculated charges, and the rest blatant overcharging etc. I tried paying them as much as I could afford but utterly lost patience after a while as they were so intransigent & treat me like a piece of dirt. To cut a long story short I thought 'st88F them', especially after when we arrived here in NZ my promised job never materialised, and we have ever since been relying on my wifes paid post and I being the 'house dad', so not much money and going the wrong way. I know that some people will not agree with me for this attitude but to be honest I'd worked out I'd paid them all their original amount back anyway and then some...the amount at the end was not a lot..about £3K (well it's not a lot to some people but still seems a lot to me). Now utterly out of the blue I have a NZ DCA asking me for 10000 NZ dollars as a collection agent for a XXX card (no supplied acc number etc). They got my address here by pestering my father who was scared witless, as they told him they would trash his credit record as the debt was now at his address. I know, I know now they cant do that but they scared him into giving my address here. Gutless the lot of them... So I ignored the first demand for full payment, & the second reminder but have now (in the space of 16 days) been issued with a notice of intent commencement of legal action etc with intent to gain a judgement, trash my NZ credit rating etc. A few questions - and I really need some help here - please; Obviously XXX sold on my debt to some DCA who then sold my debt onto some DCA in NZ..I guess?? Can they do this in NZ as the agreement with XXX was a UK 1974 CCA signed agreement, I remember it - and I guess only legally enforceable in the UK. Or now that the debt has been sold (I'm guessing here) does that then become automatically enforceable in New Zealand? Do I reply at all, or is that giving them what they need? Do I just ignore it? Do I return envelopes back marked not at this address?? OR; do I fire off the CCA request, subject access request letters (as on here) and state that as the debt was signed under UK law as a UK resident it is not enforceable here in NZ and they must comply & that they have no ability to cllect this under NZ law. Do they have to have registration under UK CCA to to do this. They don't even put the card acc number on their letters. Does the OC have to gain CCJ in the UK first, then the NZ DCA 'domesticate' the debt' before it can be collected here? I really need advice here one way or the other. I was under the impression that a UK debt could not affect your NZ or Australian credit record and couldn't be enforced here. I have read the 'Inside the DCA' thread and I have some suspicions about it at times. I'm not proud of walking away but I was pushed to the edge on this when back in the UK - I even conversed with some oik from XXX by email when we first came to NZ and had a h8ll of time stretching out finances as they wouldn't accept interest only on our mortgage and forced is into full payment even when we had to convert NZ$ to £. I never forgave them for that as we had banked with them for years, never missing a mortgage payment until the end when I was laid off. So not proud but I do sleep at night...until now that is. Please, help would be appreciated...thanks.. Sorry if this is not right but I've also posted this into the Debt Collection Industry forum too..
  11. Hi there, I'm new here. This is my first post on this site and I'm at my wits end.. I've looked through many many other threads but don't seem able to get the required info or help. ANY help would be gratefully received. We emigrated to NZ in 2006 from the UK. I had a couple of minor debts that I paid before leaving but had MAJOR issues with XXX over my credit card for a while before leaving, namely excess charges etc - they refunded some and agreed that they had been in the wrong and credited some back to my account at various times and for various amounts. Some were for wrongly calculated charges, and the rest blatant overcharging etc. I tried paying them as much as I could afford but utterly lost patience after a while as they were so intransigent & treat me like a piece of dirt. To cut a long story short I thought 'st88F them', especially after when we arrived here in NZ my promised job never materialised, and we have ever since been relying on my wifes paid post and I being the 'house dad', so not much money and going the wrong way. I know that some people will not agree with me for this attitude but to be honest I'd worked out I'd paid them all their original amount back anyway and then some...the amount at the end was not a lot..about £3K (well it's not a lot to some people but still seems a lot to me). Now utterly out of the blue I have a NZ DCA asking me for 10000 NZ dollars as a collection agent for a XXX card (no supplied acc number etc). They got my address here by pestering my father who was scared witless, as they told him they would trash his credit record as the debt was now at his address. I know, I know now they cant do that but they scared him into giving my address here. Gutless the lot of them... So I ignored the first demand for full payment, & the second reminder but have now (in the space of 16 days) been issued with a notice of intent commencement of legal action etc with intent to gain a judgement, trash my NZ credit rating etc. A few questions - and I really need some help here - please; Obviously XXX sold on my debt to some DCA who then sold my debt onto some DCA in NZ..I guess?? Can they do this in NZ as the agreement with XXX was a UK 1974 CCA signed agreement, I remember it - and I guess only legally enforceable in the UK. Or now that the debt has been sold (I'm guessing here) does that then become automatically enforceable in New Zealand? Do I reply at all, or is that giving them what they need? Do I just ignore it? Do I return envelopes back marked not at this address?? OR; do I fire off the CCA request, subject access request letters (as on here) and state that as the debt was signed under UK law as a UK resident it is not enforceable here in NZ and they must comply & that they have no ability to cllect this under NZ law. Do they have to have registration under UK CCA to to do this. They don't even put the card acc number on their letters. Does the OC have to gain CCJ in the UK first, then the NZ DCA 'domesticate' the debt' before it can be collected here? I really need advice here one way or the other. I was under the impression that a UK debt could not affect your NZ or Australian credit record and couldn't be enforced here. I have read the 'Inside the DCA' thread and I have some suspicions about it at times. I'm not proud of walking away but I was pushed to the edge on this when back in the UK - I even conversed with some oik from XXX by email when we first came to NZ and had a h8ll of time stretching out finances as they wouldn't accept interest only on our mortgage and forced is into full payment even when we had to convert NZ$ to £. I never forgave them for that as we had banked with them for years, never missing a mortgage payment until the end when I was laid off. So not proud but I do sleep at night...until now that is. Please, help would be appreciated...thanks.. Sorry if this is not right but I've also posted this into the General Debt Issues forum too..
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