Hello Jellybinh, I am interested in how you managed to stall or 18 months. I have a Citi card debt in Oz, which will be SB'd in 12 months. Currently I get 2 calls a week from a chap at Citibank who wants me to call him! I expect that the debt will eventually get sold on when they get bored of my non-response. I would like to get some tactics ready for when Creditcorp come calling

I wouldn't think so. I came to an agrement with them (using a Tomlin order). There were no conditions attached to that.

Hello Mozzi, sent you a PM. Need your copy of your email to the bank. Have another card provider on my back! Cheers, Lee

Hello All, Sorry, been off line for a while. Having read up all I could, and consulted as much as I could afford to (I need to retrain as a solicitor - £175/hour!!), I have decided to come to agreement with SD and Creditcorp. My real problem is that I have sufficient assets here in the UK to be worth chasing, and once the CC process is in swing there isn't much you can do to stop it. My solicitor is adamant that had we contested on the basis of the debt not being a UK one, and won, then Creditcorp could have claimed in Sydney. If I did not contest that one (tricky from the UK) then they would have got it transferred to the UK anyway. My solicitor got the claim down from over $30k to just over $20k, with a 4 year payment schedule. This has been done on a Tomlin order, so no CCJ, but I have to make all the payments. I'm reasonably happy with that, as it's pretty much what I left behind in Oz in 2006 (and there's no dispute that I owe it!). There's no more interest to pay, so I'll just have to tighten my belt a bit, or earn more money!! Lesson learned, no more big credit card debts for me! Thanks for all your help and advice over the last few weeks,and good luck to all of you in the same position. Cheers, Lee

I saw a solicitor on Friday, who said I had a few options: I could defend on a couple of areas: 1. the notice of assignment was not served corectly, as it was sent to my last address in Oz. Would be hard to defend as it ws my responsibility to tell the bank I had moved. 2. Jurisdiction. Double edged sword, as they could then sue in Oz, and get the judgement transferred to the UK. 3. Original agrement was never provided, but in theory this could be obtained from the bank. In the opinion of the solicitor, even though the debt is not covered by the CCA, they can still pursue the debt in the UK. I have a question for any menbers that might know; if I now make an offer to repay, now that papers have been served, would they/could they drop the case so that a judgement is not made? Is this likely, or even possible? I need to call my solicitor on Monday to let him know how I wish to proceed; clearly I don't want a judgement against me, as I am a homeowner, and will need to remortgage in the next couple of years. How long would a CCJ affect my credit for? Cheers, Lee

Hello Mozzi, I am going to see a solicitor tomorrow to get a (paid for) opinion, and hopefully get the case dropped due to the County Court not having jurisdiction. I'll keep you all in the loop; I'm sure I'm not the only one in this position, and I'm pretty sure I'm not the first! Cheers, Lee

The agreement was in 3rd Feb 2004. On the "Declaration" part of the form there is a box for "signature of applicant" which has a little "x". I also put an "X" in the box not to receive marketng information.

Hello All, I have received papers today from SD, acting on behalf of Creditcorp. I can't scan in so here is the text of the letter: Dear Sir, RE xxxxxxxxxxx Thanks for your letter of 5/4/10. We enclose:- 1. Copy of your online application (already supplied) 2. Terms and conditions Together these constitute your Agreement. You requested a copy of the Assignment but with respect that is a document which is confidential to our client and the Assignor. You are not entitled to a copy of the same. You are entitled to a copy of the Notice of Assignment. You also requested copies of a Default Notice and Termination Notice. There are no requirements for such documents under N.S.W. law and none exist. We therefore enclosed also:- 3. Notice of assignment dated 13th March 2007 4. s80 Notice dated 12th March 2009. Under the circumstancs we have complied with the requirements under the CPR and no extension time for service of a Defence will be necessary. Yours faithfully, SD Enclosed are photocopies of an online application form for a credit card (not signed, obviously), and photocopies of the standard "Important information about Credit Cards" leaflet (61 pages), also marked "conditions of use". There is a copy of a letter sent to my previous address in Australia, from Creditcorp with a Notice of Assignment of Debt. There is also a copy of a letter addressed to my current address (but which I have not seen before), entitled "Section 80, Notice of Intention to Commence Legal Proceedings" I would like to know what your opinion of this is, and what my next steps should be. Do you know of any good solicitors in West Yorks that I should be speaking to? Thanks as always, Lee

I can't use the site as the claim was not issued electronically; back to snail mail for me!

Hello Cerberusalert, I am sending today the N9 Acknowedgement of Service, with intention to defend all of the claim, and also intention to contest jusrisdiction. I am also sending the CPR31 letter to Stevensdrake. Let me know if that's the right thing. I wasn't able to use the moneyclaim website, so will I need to write to the court to contest jurisdiction? I guess that's all I need to do for now. Thanks for your help, will be donating later. Cheers, Lee

Hello Cerberusalert, Thanks so much for all your advice. I have jut got my D+B Credit report from Australia. There are 2 defaults, but no judgements, no summons and no bankruptcy acts. My guess is that Credit Corp should (should have) pursued these options before trying in the UK, but can't due to me no longer being resident. I will be responding to the courts as you suggest, and have been reading all the links you have posted. Thanks again, will keep you updated. Cheers, Lee

Thanks 42 Man and Cerberusalert. "The particulars of claim are: 1. The Claimant is Assignee of the Debt fom Commonwealth Bank of Australia (the Assignor). The claim is for the balance of payments undr an Agreement ade between the Assignor and te Defendant etered into out of the jurisdction and therefore not regulated by te Consumer Credit Act 1974. 2. The agreement rovided for;- a) payment each month of stipulated monthly payments b) in default thereof the Claimant may terminate the Agreement and recover te full balance due under the Agreement 3. In breach of the said agreement the Defendant failed to make payment and the Agreement was terminated by the Assignor. 4. On XX XXXber 2XXX the balance due and payable by the Defendant was AUS$XXXXXXX 5. The Defendant has paid AUS$0 The Claimant therefore claims; 1 AUS$XXXXXX 2 Contractual interest accrued to date hereof: AUS$XXXX 3 Further contractual interest at the rate of 1.49% per month from the date hereof until judgement or sooner payment or as the court deems fit. 4 Costs to be assessed Caimants caim AUS$XXXXXX *WE HEREBY CERTIFY that the rate current in London for the purchase of AUS$ at close of business on XX XXXX 2XXX was AUS$1.65168 to the £1 sterling and at this rate the amount due under the claims to date amounts to £XXXXX and the claim total to £XXXXX" I would guess that I now need to get a solicitor to defend the claim, or is this easy enough to do myself? I also should check whether there had been a judgement in Australia; does anyone know the best way of doing that? Thanks all for your help. Lee

Hello All, sorry to hijack this thread, but I am in a similar position to Bobster, only things have moved on. I also had a debt assigned to Creditcorp (AUS$31k), who managed to trace me back to the UK through my work. I ignored them as much as possible, but since then I have had Stevensdrake write to me. I sent back a standard letter denying knowledge of the debt. Today I received a claim form from Brighton County Court, the claimant being Credit Corp in Sydney. I guess my question is what to do next? Do I dispute the claim (now in Sterling), and on what basis? My thoughts are that the claim is invalid, as it is a debt assigned in Australia, and I should write to state this. Any help apreciated, as this is getting very worring now. Cheers, Lee