Debt in UK

[pfjc1000]

Hi all

 

Firstly to start by saying how good this site is and thanks to all who help us peeps out with debt problems

 

My situation is this, I'm currently residing in Australia and have been here for a couple of years and owe roughly the following in the UK

 

MBNA - 1 Credit Card 7000

Halifax - 2 Credit Cards - 3000

Halifax Personal Loan - roughly 15000 pounds outstanding

Halifax o/d also

 

Above rough estimate, without charges etc...

 

I have defaulted a while ago and have not paid anything for nearly a year.

I was reading about CCA's, CSA's etc... and wondered what would be the best option for me.

 

What letter should I send for the Credit Cards??

What about the loan, would it be a different letter, or the same as the CC?? Also the Overdraft, what would be the best for that?

 

I am trying to find out what of the above debt is unenforcable/enforcable, as I have found a way to raise some cash and I am interested in a Full & Final settlement with the OC's or DCA's

 

What should I offer percentage wise? I know it would be dependant on the enforcability of my debt. My creditors have also been notified that I now reside in Australia, so would this be to my advantage in making a F&F considering there is no reciprocal agreement between UK & OZ?

 

I would just like to get this matter cleared up now and done and dusted. I feel I should pay the debt or some of it and just need to know the right steps to take

 

Apologies if this is long winded, and If all this has been answered before.

 

Would really appreciate someones assistance in all of this

 

thanks in advance

 

pfjc1000

[cerberusalert]

Have a read through http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221573-debt-being-chased-australia.html It's a bit long I'm afraid but I think that you'll find it of interest and should answer most of your questions. It's an open thread so if you have any questions at the end feel free to ask on there.

[pfjc1000]

Hey Cerberusalert

 

Thanks for the advice. Yes I've read through that thread a few times, some good info in there.

 

I'm still interested if my agreements are enforcable though. Should I send a CCA request for loan/credit cards?? or not bother !!!

 

cheers

[cerberusalert]

To be honest, if they aren't pestering you at the minute I wouldn't bother.

[pfjc1000]

thanks.

 

Im going to check the pos and if I do hear then I will CCA etc... as an when

 

Was a bit panicky about the situation. especially forced bankruptcy that I hear about. I asked about this on another forum and I was told it would be highly unlikely as I have no assets in the UK, in fact nothing owned in the UK at all. Whats your view (or anyones) if you don't mind me asking? I know some DCA's issue it as a threat!!

 

thanks for yr help

[pfjc1000]

Hi

 

Just heard from Westcot about the loan, I am going to CCA them and see if they have an enforcecable agreement.

 

I was going to use this CCA letter. Will this be ok??

 

Dear Sir/Madam

 

Re:− Account/Reference Number

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair TradingRegulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

Also as I am residing in Oz, how do I get around the 1 pound postal order??

Cheers

[cerberusalert]

Try this letter first; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt the onus is on them to prove a debt exists and they have the right to collect, which they don't in Oz anyway. Besides it doesn't cost anything.

[pfjc1000]

Cheers for your prompt reply !!

 

Should I send the letter recorded??

 

Ive just put my address, their address and their reference number

 

ta

[cerberusalert]

Should I send the letter recorded??

You can if you like, but I would have thought it would be expensive from Oz.

[pfjc1000]

Thanks for yr advice in all of this

 

Lets see what they come back with. I'll post up if I do get a reply

 

ta

[cerberusalert]

thanks.

 

Im going to check the pos and if I do hear then I will CCA etc... as an when

 

Was a bit panicky about the situation. especially forced bankruptcy that I hear about. I asked about this on another forum and I was told it would be highly unlikely as I have no assets in the UK, in fact nothing owned in the UK at all. Whats your view (or anyones) if you don't mind me asking? I know some DCA's issue it as a threat!!

 

thanks for yr help

 

Sorry I missed this post of yours.

 

They cannot bankrupt you nor can they obtain any CCJs against a non UK resident.

[pfjc1000]

No worries, you've probably got enough going on answering everyone elses queries.

 

On the other subject, can't send it recorded anyway as Westcot only seem to have a PO Box so I'll send it by normal post.

 

ta

[cerberusalert]

This is their contact information on their website;

 

General Enquiries

 

Wescot Credit Services Ltd

PO Box 137

Hull

HU2 8HF

 

e-mail: contactus@wescot.co.uk

telephone: +44 (0)844 824 1155

 

Registered in Scotland No. 84131, Registered Office: Kyleshill House, 1 Glencairn Street, Saltcoats, Ayrshire KA21 5JT

 

There actual contact info is;

PO Box 137

Dunedin House

45 Percy Street

Hull

 

tel: 01482 590590

Fax: 01482 590591

 

 

 

You'll be as well emailing them and saving on postage

contactus@wescot.co.uk

[pfjc1000]

cheers. I'll think I'll post normally, im in no rush

[cerberusalert]

There are no reciprocal agreements between the USA and the UK so a UK debt cannot be enforced in the US.

 

Even if an agreement existed they would have to have obtained a CCJ against you here in the UK and they can't do that unless you are a UK resident, although it has happened when a creditor has used the last known address. If they do this an application to have the CCJ set aside can be made. National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

[Horrid_Henry_123]

Sorry I missed this post of yours.

 

They cannot bankrupt you nor can they obtain any CCJs against a non UK resident.

 

If they have a UK address and you didn't give them an overseas one. I believe they could (please correct me if I'm wrong)

[cerberusalert]

If they have a UK address and you didn't give them an overseas one. I believe they could (please correct me if I'm wrong)

 

If they did it can easily be set aside as a CCJ cannot be awarded against a non-UK resident.