Usa resident getting threats from capquest / Allied International Harrassing Expat in USA

[Andrew Philips]

Hey All

 

So I've read a lot about Allied on here. I am in a similar situation: being chased for a credit card debt I have in the UK by Allied. I know live in the USA, and I have been paying the card company. However, like millions of others my wife lost her job, and we have been unable to pay debts in the UK. Despite asking for help, out of the blue I get a call from Allied, saying they have a special offer/reduction if I pay now. I said I needed the offer in wrting by email, and they emailed just the "offer" and how to pay. I replied saying I may be in a position to pay them, but do not have that sort of money right now. NOw they call saying the offer is about to expire, and asking for a card payment!

 

And to cap it all calling my workplace here....... I see lots of advice here, so where do I stand? Shall I send them a CCA request and go that route? They've threatened to contact their team abroad to get the money.

 

Any advice/help would be really appreciated because getting harrassing calls at work and at home here (4am!) without any help offered, well youknow

 

Thanks!

[cashins]

So I've read a lot about Allied on here. I am in a similar situation: being chased for a credit card debt I have in the UK by Allied. I know live in the USA, and I have been paying the card company. However, like millions of others my wife lost her job, and we have been unable to pay debts in the UK. Despite asking for help, out of the blue I get a call from Allied, saying they have a special offer/reduction if I pay now. I said I needed the offer in wrting by email, and they emailed just the "offer" and how to pay. I replied saying I may be in a position to pay them, but do not have that sort of money right now. NOw they call saying the offer is about to expire, and asking for a card payment!

 

And to cap it all calling my workplace here....... I see lots of advice here, so where do I stand? Shall I send them a CCA request and go that route? They've threatened to contact their team abroad to get the money.

 

Any advice/help would be really appreciated because getting harrassing calls at work and at home here (4am!) without any help offered, well youknow

 

Hi and welcome.

 

AIC are a debt collector pure and simple and have no legal powers whatsoever.

 

In line with the industry they rely on threats and harrassment to get money in but if you tell them to.... what are they going to do about it anyway?

 

I've dealt with this oufit on more than one occassion and they are not that difficult to see off. CCA them and see what, if anything they come up with.

 

Regarding them setting a US company on you, research legislation over there, you will find it a lot stronger than the UK version.

 

David

[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

[Andrew Philips]

Thank You all for your advice.

 

I will keep you posted and make a donation in due course!

 

Andy

[Andrew Philips]

So CCA has gone. Had a nasty email from them, telling me I have a bad attitude for asking for all correspondence by mail. And threatening their US division to come call on me,.

 

No more phone calls though!

 

Keeping you posted

 

Andy

[cashins]

Had a nasty email from them, telling me I have a bad attitude for asking for all correspondence by mail.

 

Ah! Looks like you're getting somewhere then.

 

David

[cerberusalert]

They hate it when they realise their victim knows their rights.

[docker1]

hi everyone,

Been reading all the great advise on here and i could do with some for myself please.

I was contacted about 6 weeks ago from an aus DCA about an unpaid credit card that i left behind in 2008, they are saying it is now $29000 and they want the money now.

I admitted responsibility straight away, and they are now hassling me constantly for money.

I am currently on maternity leave and my new baby is only 12 weeks old. We are skint but we have borrowed some money from my husbands brother and all i have to offer them is $8000.

I'm sure the credit card was only $20000 when i left aus but of course they are adding interest daily.

 

What should i do? I know $8000 is a very low full and final settlement offer is there any chance in hell they would accept that or is it too late to stop contact with them now.

they have my home address here in the uk. the phone is now off the hook in the mornings as i got 6 phone calls from them last week plus 2 emails (yes i know thats harrassment) should i complain about that?

 

Any advise would be really appriciated, thanks

[Andrew Philips]

Hello Again all

 

Advice please

 

I have an alleged debt with Capital One that's now been passed to CapQuest....... They have sent many letter to me over here (CCA request done a week ago). NOw I get another letter saying they are "inn the process of making arrangements for our doorstep recovery agenets to visit du eot no payment.

 

Thoughts and advice/help please..... and if you need any more information

 

Thank You!

[cerberusalert]

Make them prove a debt exists first, if they want to chase this in the UK they have to abide by UK laws; send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

[cerberusalert]

Moved to Overseas Forum.

[cerberusalert]

They very rarely carry out the threat of a visit even within the UK & there is no chance of it happening across the Pond.

[jimbo45]

Hi there

Just to wind them up find some obscure US law about harassment AND EXTRADITION --- Extortion is a FEDERAL OFFENCE and definitely a spell in a Federal Prison will be in order.

 

Also if the Mail is chasing an uncollectable debt then you can use the same law that Al Capone was nailed on -- MAIL FRAUD --and he got a nice little sentence of 99 years in one of the Federal Governments better equipped "Rest Facilities".

 

That should scare the living daylights out of cr@ppyquest - since the UK has an extradition treaty with the US on these types of Fiscal matters (Fraud etc -- not "bog standard Debt collection so you are OK there)

 

I understand that the head honcho at cr@ppyquest has always wanted a trip to the USA --well perhaps he can get one courtesy of the US Tax payers.

 

Cheers

jimbo

[docker1]

hi cerberusalert,

the link you sent me keeps sending me back to the consumer forums front page, should i ask for a deed of assignment,

thanks docker1

[cerberusalert]

hi cerberusalert,

the link you sent me keeps sending me back to the consumer forums front page, should i ask for a deed of assignment,

thanks docker1

Make them prove a debt exists & they have the right to collect, send them this;

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfullyPrint name do not sign.

[docker1]

thank you, Can I still send this letter if i have already admitted that i did leave a debt behind?

[cerberusalert]

If you only admitted on the 'phone then it's your word against theirs, besides they could have been speaking to anyone.

[docker1]

thank you very much letter going in the post today, (should i send it registered?)

i'll let you know what happens.

cheers docker

[cerberusalert]

(should i send it registered?)

I wouldn't.

[Andrew Philips]

Thanks again for your help!

 

Is there any benefit from sending a letter to them, as tecnically this account is in dispute? Or really just let their computer generate letters and iginre?

 

Thanks

 

Andy

[cerberusalert]

Or really just let their computer generate letters and iginre?

There isn't much point in getting into a game of postal ping-pong with them as there's very little they can do... it just would not be economically viable for them.

[jimbo45]

Just ignore their threatogramatic machine - it cost THEM money every time they send this nonsense. You could always double their agony by sticking it back in the mailbox marked RETURN TO SENDER.

 

Cheers

jimbo

[docker1]

Hi its me again,

Just got my reply from credit corp, they say that they have sufficient evidence that the debt is mine as i admitted it in a telephone conversation that they recored.

They now want settlement or they will proceed with legal action and forward the debt to the uk.

They said that they will not be in contact again and that if they don't hear from me by tuesday next week that they will just commence action.

 

What should i do now?

[William415]

docker1 -

 

These cretins really **** me off. They are the same bunch of criminals that have been chasing me, and calling my employer. In my case, they have breached ASIC rules regarding how debt collectors should act, and have also breached privacy rules. I have decided to dispute the debt with the Australian FOS, compalin to ASIC, and lodge a complaint with the Privacy Commissioner. Bascially, I'm going to throw the kitchen sink at them.

 

Take a look at my thread (and you should probably start one of your own) for ideas on how to battle them. They are essentially powerless - they cannot enforce an Australian debt in a UK court - although they will try.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?265807-More-AUS-debt-being-chased-in-the-UK

 

So they claim to have recorded your phone calls? OK, fine - use your rights under the Privacy Act to demand that they release ALL personal information they hold on you. You can see a copy of the letter I sent them in the above link.

 

We can use our consumer rights to make these criminals run around in circles until the debt becomes statue-barred.

 

W

[cerberusalert]

'Phone calls mean diddly squat.