UK debt being Chased in Australia

[Bodgit]

Update today, Just received information from the Australian CRA in regards to our complaints about lodging the debt on our Credit Reports.

 

The gentleman we spoke to has stated that all the listing are illegal and they are carrying out an Audit on the company responsible and all of the Listing should be taken off our file.

 

Could be a while but he said that the company over here claimed they were australian contracts. Lying Ba$%^rds!!!

 

Hopefully they will then report these idiots to the Privacy Commisioner over here and they will be Fined. Looks like there is a lot of people over here that this has happened too.

 

The Aussie system of taking complaints seriously seems to be working quite well.

 

My question would be if they have bought these debts and tried and failed to take illegal action, would they then become unenforcable?

 

Bodgit

[Lula]

To take action against anyone they have to prove that you actually owe the debt and have a legally enforcable agreement, as any agreement that they might actually "find" was executed in a different country it is unenforcable in another country.

[Bodgit]

Thanks Lula,

 

Trying to get as much info on here and point the rest of the people in the same situation over to this site and the wealth of information you Guy's are providing.

 

I can't thank you all enough for your continued help and advice.

 

Bodgit

[ODC]

They bought the debts as most scummy DCAs do in order to CON people into paying them. They rely on peoples ignorance in the hope that they will pay them to satisfy their GREED. In your case I am surprised they didnt threaten you with getting you kicked out of Oz. Glad to hear that the OFT over their have BALLS, something which the authorities here seem to be sadly lacking. Go after the pond life for some compo now for trashing your records

[babybear39]

Subscribing...

[Bodgit]

Thx ODC.

 

I don't think there will be a company or money left if the Privacy Commisioner gets involved. Heres Hoping anyhow.

 

I suppose the big question for those whose Statute of limitations is far away is if they sell it on or return it to Barclays, is who is the next DCA to try it on.

 

I'm hoping it'll set a precedence over here for those in the same boat to know that there is nothing bar a UK CCJ that they can do..

 

I would think the laws will change eventually but in the meantime people won't have to worry about having their new life trashed.

 

On the side of the Data Protection Act I'm sure that Barclays have broken the law by knowingly sending data overseas. who would I complain too about that?

 

Thx for the continued support.

 

Bodgit

[the_shadow]

Thx ODC.

 

I don't think there will be a company or money left if the Privacy Commisioner gets involved. Heres Hoping anyhow.

 

I suppose the big question for those whose Statute of limitations is far away is if they sell it on or return it to Barclays, is who is the next DCA to try it on.

 

I'm hoping it'll set a precedence over here for those in the same boat to know that there is nothing bar a UK CCJ that they can do..

 

I would think the laws will change eventually but in the meantime people won't have to worry about having their new life trashed.

 

On the side of the Data Protection Act I'm sure that Barclays have broken the law by knowingly sending data overseas. who would I complain too about that?

 

Thx for the continued support.

 

Bodgit

 

 

I assume for the data protection breach it would be the ICO in the first instance as this is a Uk company breaking data protection about brit citizens albeit overseas now.

 

Webcomplaint form.. Complaints about data protection policy - ICO

 

Its the eighth principle of data protection youre complaining about and its described in great detail in this doc.

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/international_transfers_legal_guidance_v3.0_171208.pdf

 

S.

[Bodgit]

thx shadow,

 

Will have a good read tomorrow, as I probably had a beer too many tonight to do it justice.

 

Bodgit

[cerberusalert]

You should consider suing them for damage to your credit file.

[Bodgit]

Cerberusalert,

 

Can you sue for that? I've had one company tell me that my card could not be used for six months due to the adverse listing on my credit file.

 

Will ask one of the lawyers over here.. Thx for the advice

[cerberusalert]

In the UK you can be awarded £5k per default, I can't see Aus being much different.

[noomill060]

Cerberusalert,

 

Can you sue for that? I've had one company tell me that my card could not be used for six months due to the adverse listing on my credit file.

 

Will ask one of the lawyers over here.. Thx for the advice

 

 

You can in the UK.

 

I suspect that UK case law could be persuasive in other Commonwealth countries given the close links and both being Common Law juristictions.

[dodgydebt]

Hi all

 

I am one of Bogit fellow Freedom Fighters here in Aus. Yes we really are "Pioneering" a new way to seek out information about Dodgy DC practices over here and are gearing up to educate. I am sure the others will be long soon.

 

Thank you very much for your support and advice. Bodgit will no doubt continue to relay our stories, they are all the same really just some of us have had the pleasure of calls to family members regarding our alleged debts or personal visits from the muscle men crew, lovely isn't it.

 

Will be sure to donate, have to ensure groups like yours stay live for everyone to find solace against bully boy tactics.

 

Bodg, will be looking into the compensation part, that sounds worth a go as my listing on me, my business also now has a lovely black mark against it.

[noomill060]

Welcome to CAG . The DCA 's nemesis.

 

Google Durkin for a start re damages for credit file trashing

 

And do some research as to the persuasiveness of UK higher court case law and the position of judgements of the Law Lords in relation to the Aussie legal system.

 

If you could get some input about these issues from a legal professional it would be good.

 

(Please would someone come and take Rolf Harris home)

Edited September 24, 2009 by noomill060

[vint1954]

In the UK you can be awarded £5k per default, I can't see Aus being much different.

Durkin v HFC ?

[cerberusalert]

Kpohraror v Woolwich Building Society [1996] 4 All ER 119

 

http://www.publications.parliament.uk/pa/ld200405/ldjudgmt/jd050127/bank-2.htm

[noomill060]

Yeah

[DAVEDU]

Hey All

 

I'm in the same PosItiON hErE Right now as bodgit and dodgy. There are some pretty unscrupulous debt collecting agencies operating here in Aus, they are happy to bend/break any law they want yet resort to threatening legal action to take down any thread remotely critical of them or their practices.

 

Like most of the others I had a default placed on my credit file before I had any contact whatsoever with the DCA, all requests for ANY proof of debt have been met with refusal or stonewalling. They seem to think a call telling me I owe it should suffice! Luckilly I found others in the same position on an Aussie forum (thread now deceased) and got some invaluable advice and support from them.

 

Hopefully this site can be a haven for other people looking for help with the same problem. Decent information is so hard to come by on this complicated issue. Naming and shaming the company would be a good start to allow it to show up on a google search - is that allowed? Please say yes;)

 

Thanks for all the info so far guys, it's much appreciated!!

[lickthewallfatboy]

Welcome to CAG . The DCA 's nemesis.

 

 

 

and that's official!!

[noomill060]

Try and find out if there is an Aussie equivilent of the Consumer Credit Act.

 

Is there a right to see the copy of the original credit agreement in Oz?

[babybear39]

Subscribing with great interest as I'm Aussie/Welsh and live in the UK presently, but hope to go home when I've finished my degree.

[vint1954]

Hey All

 

I'm in the same PosItiON hErE Right now as bodgit and dodgy. There are some pretty unscrupulous debt collecting agencies operating here in Aus, they are happy to bend/break any law they want yet resort to threatening legal action to take down any thread remotely critical of them or their practices.

 

Like most of the others I had a default placed on my credit file before I had any contact whatsoever with the DCA, all requests for ANY proof of debt have been met with refusal or stonewalling. They seem to think a call telling me I owe it should suffice! Luckilly I found others in the same position on an Aussie forum (thread now deceased) and got some invaluable advice and support from them.

 

Hopefully this site can be a haven for other people looking for help with the same problem. Decent information is so hard to come by on this complicated issue. Naming and shaming the company would be a good start to allow it to show up on a google search - is that allowed? Please say yes;)

 

Thanks for all the info so far guys, it's much appreciated!!

They would have to obtain a CCJ in the UK for UK debt. Fairly sure that that is not enforcable in Australia.

 

Do you have Ministry of justice rules.

[vint1954]

Found this on an Australian Forum.

 

1.

 

First of all going bankrupt in the Uk does NOT follow you to Australia, it does not affect your Australian credit rating at all.

 

The only country where things like this follow you to australia is from New Zealand.

 

Credit in the UK is taken out under different laws and regulations and are not enforced in Australia.

 

now im not saying you should not pay your debts off, but if you didnt and moved to Australia they are very unlikly to track you down. If they did there is not much they can do. if they have partner companies in Australia they may (in rare cases) pass the debt to them but they dont have the Power to enforce it. they can only send you letters, pay you visits etc but cannot enforce the debt. they would pretty much have to accept any offer of settlment you offer.

 

They cant run checks on you, cant garnish your wages, cant affect your australian credit rating.. nothing..

 

this is as good as it gets for them.. also debts are not sold to australia as no one would bother, not worth it.

 

Now.. in regards to debts with the government (tax etc) that is different.. that can be chased and they do have a good working relationship with the Australian counterparts.

 

2.

 

Service of Documents Abroad - United Kingdom

Relevant conventions / treaties / agreements

There is no Convention, treaty or other agreement in force between Australia and the

United Kingdom on the service of documents in civil proceedings.

The United Kingdom is a party to the Hague Convention on the Service Abroad of

Judicial and Extra Judicial Documents in Civil and Commercial Matters 1965.

However, Australia has not acceded to the Hague Service Convention.

Process to follow

Private agent

Service by private agent is permitted. Service through an agent (generally a British

lawyer) does not breach United Kingdom law and is not considered by the United

Kingdom Government to be a breach of its sovereignty.

Diplomatic channel

The United Kingdom Government will not accept requests through the diplomatic

channel from another Commonwealth country (including Australia) seeking the

assistance of its authorities in serving documents.

Enforcement of Judgments

The United Kingdom is listed in the Foreign Judgments Regulations 1992, made

under the Foreign Judgments Act 1991. However, Australian litigants should be

aware that there is no treaty or convention between the United Kingdom and Australia

in relation to the recognition or enforcement of judgments in civil matters.

Before obtaining a judgment in Australia for enforcement in the United Kingdom,

Australian litigants should seek legal advice from a legal practitioner familiar with the

requirements for enforcement in the United Kingdom.

 

Seems they can enforce a debt for tax, NI etc, but not civil debt.

[citizenB]

Dannyboy 660 was a fountain of knowledge re debts sold on to overseas DCA ****. Hopefully he will be along soon with advice

 

It was suggested by ODC that Dannyboy might be able to offer some assistance and this his reply.. Hope it will help.

 

 

Hi,

 

Yes I noticed that thread a little earlier. My experience is for the most part EU and I always feel a little uncomfortable as it's such a huge grey area......but on the other hand, s.141 of CCA'74 gives jurisdiction on these matters to UK Civil and High Courts, to the exclusion of others.

 

In the EU, unless a CCJ (or equivalent) has already been obtained in the country where credit was obtained, it is not impossible but incredibly complicated and expensive to pursue in the country of habitual residence should that be a different member state, so the idea of pursuing in Australia would be an absolute non starter.

 

On the issue of restarting the clock by informing Australian CRA's, they usually argue that the CRA is a private company that can record data it knows or believes to be true because it is information provided by creditors. The CRA's merely record info for the use by potential lenders. This argument falls down on the point that Data Protection laws do not allow the transmission of Data outside of the EU..... but it is this that needs to be looked at in more detail in this case, because I can't find anything specific to back up my argument.

 

If I can come up with something a bit more concrete, I will pitch in at some point.

 

[ODC]

To all our new friends in the land of Wolf Blass just remember this. The DCA muppets who are chasing you in Oz can probably trace their relatives back to the deportees arriving at Botany Bay. Just a pity their mothers and fathers never married.