Yep sometimes dreams do come true!!!! Just wish I could pick the bloody lotto numbers..

Skippy, I do believe that English Lemons are not to a Perth residents liking? they must be very bitter about buying a batch... Must be costing them a small fortune in import duties!!!

Roary, You'll never be alone in this mate. If you need a catch up give me a call, haven't been up you're way for a while but maybe in the near future. I hope the beers are still cold!!!

Ah now it makes sense....anymore foibles I might need to know about

Ahhh Lincolnshire Sausages in the QLD summertime with a cold John Smiths by my side. What more could you ask for!!! I'm trying to figure a way to get some down to you still in an edible condition.

toto003 My pleasure mate. Feel free to ask away if you require any further help. Most of the links in the previous pages direct you to the relevant codes, but I am more than happy to send you them if you need them. Just so happens I have them downloaded for reference. Bodgit

I must admit the fake tan does make me look a bit orange. Thanks for the info, will have to choose my words more carefully, I thought I used a legal type of dog and not a flying thing!!! Ah well, I'm sure we'll will be hearing a bit more in the news soon about the exploits of P&B. Perhaps a stint with Big Bubba in the play pen might sort the GM et al out!!! I like this bit from the paper though: In the most extreme cases, it provides for fines of up to $1.1 million against companies and $220,000 against individuals if they are found by the courts to have harassed debtors. Here's looking at you ASIC!!

toto003 In response to your questions. 1. The fos in Australia is a voluntary scheme/code, and P&B have given notice that they wish to withdraw. (this takes 1 year ?) Yes, P&B need to give at least 1 years notice to leave FOS. Although it is a voluntary Scheme/code you must give them notice that you wish to leave. This is especially true when you haven/t been a member for more than a year as in P&B’s case 2. Several Aussie CAGGERs have complained to the fos about the behaviour of P&B and gained a resolution largely due to pressure from the fos ? FOS has not provided any undue pressure on P&B that would extend beyond their Terms of reference. P&B have not provided the relevant documentation etc to FOS to prove they have the legal jurisdiction and legal right to ask for payment of these alleged debts. No contracts, no assignment etc has been given to any person or FOS so far. Juristiction is the key issue here as well. Even if all the legal requirements are met there is no way that P&B could or should list an alleged UK debt on credit files or try and take legal action in an Australian court when the UK CCA1974 is the governing law. You cannot change the terms and conditions of a contract during assignments. 3. What has been the outcome of queries raised about the defaults/negative info the P&B have made to credit reference agencies. Veda has removed all P&B’s listings from it’s files. They have been told by the Privacy commissioner in december 2009 to do so, but they removed them last november with pressure from the PFF and the legal seagulls. Veda are also a member of FOS and complaints should also be made in regards to their actions if they do list a default from an overseas debt. I suspect that P&B will get worse with their badly behaved ways once they are free of the binding rulings that can be made by the fos. They cannot get any worse than they already are. They have breached numerous ASIC, Privacy act and banking practices. All the agencies are looking into the dealings of P&B and as there are multiple breaches and the continued conduct of P&B will not be tolerated. It’s one thing to break a couple of regs / codes but to blatently continue to do so is one thing that ASIC et al will not accept. 4. For those that dont have the luxury of complaining to the fos in future, what are the best option(s) they can use to repel the attacks on themselves (and their credit files) against P&B For the present time FOS is the agency to complain to. P&B may send letters to state they are no longer a member but it simply is not the case. Once you have a complaint in then they will follow up on it Pioneer has applied to join the Credit Ombudsman Service Limited (COSL) instead of FOS. I don’t think they would be to happy to learn what their new applicant has been up to so far. I would think that the majority of P&B’s victims would be straight onto COSL to let them know what has been transpiring so far. As for what you can do to repel P&B’s attacks here’s a short list. Please feel free PFF to ammend as required..... 1. Write to P&B for all documentation they have including the original contract, notice of assignment etc. This is also a requirement under the CCCA of Australia. 2. Check your credit files. If you have a listing made by P&B then place it into dispute with the CRA. Then complain to P&B. 3. After 30 days if you have not received a satisfactory response from P&B in regards to the lack of documentation or the CRA listing, then make your complaints to ASIC, Privacy Commissioner and FOS. 4. Send all relevant doc’s to the above agencies during your complaint. 5. Everything must be in writing. If you must email then make sure you keep them all safe and send them to the various agencies as well. 6. Do NOT get into telephone conversations. They are renowned for making threats etc on the phone. If you have a recorder then that is an acceptable way of catching them out. Just remember you need to tell them that it is being recorded to be acceptable as evidence. 7. Sit back and let the agencies do their thing, keep us all updated and help anyone else in the same situation. Bodgit

Option 2 would be benificial to all, but you need to take your own situation into consideration first. Make sure everything is water tight though if you do take option 1. My complaints are still standing though, even though they have no recourse on me now. I'm gunning for the idiots one way or the other. About time these people where taught a lesson as long as ASIC et al will have the decency to take action. Which under the glaring obvious way these people have breached various laws and regulations they should do pretty soon. I believe we may have a spate of similar calls to other members of the PFF very shortly. Bodgit

Their case's are based on nothing. They do not have any original contracts, mostly only application forms, which do not even meet the requirements of the UK CCA never mind the Aus code. As itterated on numerous occasions the only way they can take action is in a UK court of law. the Aussie codes and acts cannot apply. The CCA of UK states that only the courts of england and wales can enfoce any action on these alleged debts, unless you have a CCj against you. It is all bullsh!t from Pie and beer. they are trying to get judgements by default, when people do not file a defence. That is why they have tried to claim default judgement on pdkelly so quickly. They know they have a limited window to gain some extra cash. They tried to pull the wool over my eyes but in the end lost out. All the threats will not stand up in a court of law. The fact that thy are contradicting themselves in each letter / email they write is a particularly good point. They do not have a clue. They know that the Aus codes can't apply yet they state one thing, do another and don't provide proof of debt to anyone and all this in writing.... they are really dumb sh!ts. Even if it went to court I do believe the judge would take one look and send them packing. They have to comply with one law or the other, not make them up as they go along. Bodgit..

Hi Guy's, don't give Pie and Beer any credit for normal thinking. They are out to try and frighten as many people as possible into paying some money. They do not have any legal right to chase and follow up in Aus and are hoping to get judgements by default. If they ever get anywhere near a court they will be ruined as it will set the precendence that we are all looking for. the best they can hope for is that hey try and get some money from people prior to being fined by ASIC, the PC and then sued by us all for wrongful logement of defaults etc. I do believe that on my last contact with ASIC the special team has been investigating pie and beer for the last two months. should be just about time they start to take some action. they have a copy of my application form that they tried to insist was a credit agreement. Also the legal aid gurus have send the ASIC team the letter from balls legal that stated that they knew they couldn't chase under the credit code of australia but then stated that they thought they still had a right to chase. I do believe that pretty soon Pie and beer will be struck off the companies list and prosecuted by ASIC. there are too many complaints now that they have to do something. Heads and chins up we will prevail guy's. Go the PFF Bodgit

I think I'll have a 'P' please Seevee. followed by an Eye and ear. I do believe we have a winner folks.

thx Noomill nice to have you as a friend indeed. Will read up and go for it. Now all we need is someone of the legal profession who knows a bit more about assignments from Sharklays to Canada to Australia.

wonder if you can claim if it's been stat barred or would that be admiting the Debt???

the other fact that has arisen is that they have no enforcable agreements that meet the prescribed terms as stipulated in the CCA 1974. I wonder if those lemons leave a sour taste in the mouth!!!

ednae, don't worry your complaints are being taken seriously. The privacy commisioner and ASIC are onto these idiots, they don't like to be made to look like they don't/won't/can't uphold the law, especially when it comes to DCA's and their actions. it could start a trend that no one wants. Bodgit

Ozzyboy Me thinks that you're on the money. less words more meaning. Well guy's theres an offer that can't be refused. An avalanche of complaints may be coming your way FOS. As for the Troll, well what can I say. I'm Daft not Stupid, could see it a mile away in your PM. Perhaps you need to spend more time on your defence in relation to the various regulatory authority questions , requests and investigations that are sure to be coming your way, instead of playing silly buggers on here!!! Ah well, sleep well PFF and all those kind people supporting. A new day tomorrow and yet another complaint to fill out and send off. ( I think thats 5 now!!) Bodgit

WA have mailed you. I think the PFF will be able to help you out. Bodgit

ODC, I think the fact that the lawyers pointed out to Veda that if they set a precedence in this case then any Aussie DCA could buy any overseas debt from anywhere in the world and list it as a fresh debt in Aus, the point finally struck home. It would be a financial calamity with their investigations department snowed under, and the threat of libel action a real cost risk. The privacy code here seems to be enforced a lot better here than UK, but will hold off saying it's great until they finish their investigations. I'm sure most people will agree that if the financial institutions helped people out in difficulties and worked with them then these situations would not arise. I personnally would have made a reduced offer if they had gone about this differently, but legal threats, total indifference to our situations and the lack of respect for me and my family put my back straight up. Then to find they had black marked me in a completely illegal way meant that I will fight them for every last penny. Australia has a system in place to assist those in financial hardships. It is now part of the credit code and must be adhered to. It seems that we were very lucky to find these great lawyers to help and not be judgemental towards us. If they are reading this thread then my thanks go to them all for the help and support they have provided. The skirmish has been won but the final battle is still on with Plonkers still claiming they should still be able to collect on their Lemons, and as yet have still not pulled out from the legal summons they have issued to a PFF member. The Legal guy's are onto this now and hopefully Plonkers will realise that they pull out now with some profit left or lose the lot in fines and counter claims for harressment and libel damages. CAG, I can't thank you enough for all your support and advice. I have personally learnt an awful lot about the credit laws of both UK and Aus with all your assistance and for that I'm very grateful. If I can help anyone else with the same issues / problems then please feel free to PM me. I will try and help as much as i can. As for the rest of the PFF thanks for your help and support. Together we made a difference and helped other people on the way. Good on Ya guy's. Bodgit

to all The CRA Veda have now decided to remove all adverse listings that where placed by Plonkers from the credit files starting today.:D A win for the little people..... The Legal Aid dudes are now working on the Plonkers and Balls Legal teams to ensure they 'F' off completely from our lives. Great news for us all. please contact the legal guy's above if you have any dealings with these idiots and do not pay plonkers a cent. Will keep you all updated. Bodgit

Rodney and Delboy are much more intelligent than these idiots!!!! Numbers for each states Legal aid are below. Tas- 1800 232500 Vic- 1300 881 020 Qld- 1300 651 188 WA- 08 922117066 Act- 02 62571788 Nsw- 02 92124215 SA- Legal Service Commission on 1300 366 424

sorry guy's for not replying sooner have been quite busy. The situation is at present an investigation by the CRA has left the black marks on our files. Plonkers are trying to take court action against a few people over here at present. The privacy commisioner is still investigating both VEDA and Plonkers but will take some time. For all of you that have recieved phone calls, letters,a Veda listing or other horrible contact from the WA idiots please PM me with your details. I have some very important info that will require you to contact your relevant legal aid divisions in the state you reside. I will need you to supply them with some contact details that they will be able to use but for obvious reasons I'm not willing to post on here just yet. Please let me know as soon as possible. Bodgit

I take it one or two unapproved applications due to an illegal listing could cause them a largish payout for compo.... A few of us have already had our present credit reduced because of this listing. And as yet no word from the CRA. the investiagtion has taken 60 days so far....they are only supposed to take 30 days!!!! As pointed out on numerous occasions the CCCA and CRA code does not let them list an overseas debt and the fact that they have restarted the clock on the default indicates to me that the law has been breached. Hopefully ASIC and the Privacy Commisioner will have there day soon... Bodgit

Cerberus, thx for turning it into a stickie and the extra info. would seem Plonkers are trying it on with an awful lot of people over here at the moment, and this information could help tremendously. The Reciprocal Enforcement of Foreign Judgments (Australia) Order 1994 only comes into play if you have a CCJ against you in the UK. If you haven't a CCJ then there is no legal avenue to persue the debt in Australia. If they have gained a CCJ in UK whilst the OC knew you were out of the UK you can apply to have that overturned as you did not have the opportunity to defend yourself at court. A few people have done this recently on the Expat Forums. http://www.expatfocus.com/index.php?name=Forums&file=viewtopic&t=18958&postdays=0&postorder=asc&start=0 Bodgit

Expat Have PM'd you. First complain to VEDA the email address is assist.au@vedaadvantage.com. then complain to the Privacy Commissioner for breaches of the Privacy Act. Specifically sections 18R False or misleading credit reports (1) A credit reporting agency or credit provider must not give to any other person or body (whether or not the other person or body is a credit reporting agency or credit provider) a credit report that contains false or misleading information. (2) A credit reporting agency or credit provider that knowingly or recklessly contravenes subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding $75,000. 18S Unauthorised access to credit information files or credit reports (1) A person must not obtain access to an individual's credit information file in the possession or control of a credit reporting agency unless the access is authorised by this Act. (2) A person must not obtain access to a credit report in the possession or control of a credit provider or credit reporting agency unless: (a) the person is given the report in accordance with this Act; or (b) the access is otherwise authorised by this Act. (3) A person who knowingly or recklessly contravenes this section is guilty of an offence punishable, on conviction, by a fine not exceeding $30,000. 18T Obtaining access to credit information files or credit reports by false pretences (1) A person must not, by a false pretence, obtain access to an individual's credit information file in the possession or control of a credit reporting agency. Penalty: $30,000. (2) A person must not, by a false pretence, obtain access to a credit report in the possession or control of a credit provider or credit reporting agency. Penalty: $30,000. As there is no credit agreement that meets the Uniformed Credit Code of Australia there is no legal way to access your file and therefore they have breached the above. This was ratified by my Legal Aid solictors. I have confirmation today that both ASIC and The Privacy Commissioner are now formally investigating Plonkers Credit for breaches of both the credit codes and the privacy act. The more people complain the more likely a better outcome for us all. Bodgit