UK Debt living in Canada

[cerberusalert]

We will, however, offer you one final opportunity to avoid this action.

40% discount available if account settled by xx/xx/xx

If they thought they had a strong chance to collect do you think they would be offering 40% discount?

 

If you haven't received a copy of the CCA from them send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

but can they pass the debt onto a debt collector in Canada?

They may well try and sell the debt on, but whether a DCA in Canada would be daft enough to buy it is another matter, besides even if they did you could tell them that the a/c is in dispute in the UK.

[Worriedincanada]

They may well try and sell the debt on, but whether a DCA in Canada would be daft enough to buy it is another matter, besides even if they did you could tell them that the a/c is in dispute in the UK.

 

Don't suppose you know the laws in Canada for Debt collection do you Cerberusalert?

[cerberusalert]

Canadian debt collection rules. Debt collection in Canada.

[Worriedincanada]

 

If you haven't received a copy of the CCA from them send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

I didn't send the cca agreement request form because it said you had to send it by recorded delivery and I just cannot afford that sort of money.

 

 

Canadian debt collection rules. Debt collection in Canada.

 

Thank you

[Worriedincanada]

If they do manage to sell the debt on, do they sell the actual loan , would this Canadian company have a copy of my loan agreement. If so would they be able to enforce that in Canada?

Or do they just use a Canadian company to recoup the debt?

 

Either way what should I be asking this Canadian company for to prove they have the debt?

 

Hope this makes sense...

[cerberusalert]

I didn't send the cca agreement request form because it said you had to send it by recorded delivery and I just cannot afford that sort of money.

You could send it normal mail, the only problem is you will have no evidence of them receiving it. Alternatively you could for now deny knowledge of the debt and send them this by either normal mail or email http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt the onus would then be on them to prove a debt exists & they may send a copy of the agreement.

If they do manage to sell the debt on, do they sell the actual loan , would this Canadian company have a copy of my loan agreement. If so would they be able to enforce that in Canada?

Or do they just use a Canadian company to recoup the debt?

Sometimes they just ask another company to chase on their behalf, sometimes they will sell the debt completely & sometimes they may even have an office themselves in another country.

Either way what should I be asking this Canadian company for to prove they have the debt?

Yes if a Canadian company demands payment you should tell them to prove the debt.

[cerberusalert]

Here is a bit more info about debt collection in Canada;

 

Canada’s Office of Consumer Affairs - Information on collection agencies

 

Consumer Law: Fair Debt Collection FAQ - Lawyers.com

 

Debt Collection Laws

[Worriedincanada]

An update.

 

I have just received a letter from a collection services company here in Canada. Asking for full payment within 10 days or they will

1) list the collection on my credit file at the credit bureau,

2) proceed with legal action against me.

 

What do I do now, I still do not have any money to give them.

 

Is it any use sending them a prove it letter and would I be able to send it by e-mail Or is it too late to start doing that?

 

This is the First Direct debt it says on the top of the letter.

You Owe: First Direct

Acct: Has been left blank.

Do you know if this means they have bought the debt or are just working for them? would there be different proceedings depending on who's debt it is?

 

I would be so grateful if I can get someones advice again.

[cerberusalert]

Their letter is all bluster and bulls excrement. They cannot mark your Canadian credit file with a UK debt, nor can they take enforcement without a UK CCJ which they can't obtain against a non-UK resident.

[Worriedincanada]

So with it saying I owe First direct do you think that they still hold the debt rather than this Canadian company? How would I know for sure?

 

What do I do next?

[cerberusalert]

It doesn't matter whether it's a Canadian Company or not, the agreement was entered into under UK law.

[cerberusalert]

What do I do next?

Personally I would ignore them. If a Canadian debt collector contacts you tell them to prove the debt.

[Worriedincanada]

Personally I would ignore them. If a Canadian debt collector contacts you tell them to prove the debt.

 

I'm getting confused sorry....the letter I received today was from a Canadian collection service is that different from a Canadian debt collector?

 

Also does it make any difference that I actually took the loan out when I was in Canada not the UK? The loan documents where sent to me in Canada and have my Canadian address on them?

[cerberusalert]

Your original post stated it was a UK debt. If it isn't I'm afraid that you will come under Canadian jurisdiction.

[Worriedincanada]

I thought it was a UK debt as it was from First Direct who are in the UK. The loan documents were exactly the same as UK ones as they have the cca act on them. Does it make it a Canadian debt because it has a Canadian address on it?

[cerberusalert]

Does it make it a Canadian debt because it has a Canadian address on it?

No, if it states it is covered by the Consumer Credit Act 1974 then it will be covered by UK law.

 

Can you scan it, remove any identifiers and post it up?

[Worriedincanada]

here is the agreement front and back

[Worriedincanada]

Is this how you do it, doesn't seem right how do I put them up without having to click the link?

[cerberusalert]

Can you upload it to a hosting site such as imagefrog or tinypic & then copy & paste the urls back here? The ones above are too small.

[Worriedincanada]

Hope it is right this time

[cerberusalert]

It's a UK agreement covered by UK law.

 

Out of interest does it contain your signature?

[Worriedincanada]

Yes their copy will have, this is my copy. I have not asked them to provide the original signed copy yet due to the cost of recorded delivery over here.

 

So we are back to them not been able to do much about it over here then?

 

Can you tell me in your response before about a Canadian Debt Collector well the letter I received today was from a Canadian collection service is that different from a Canadian debt collector?

[cerberusalert]

So we are back to them not been able to do much about it over here then?

Yes, basically they have to take enforcement in the UK first... something they cannot do against a non-UK resident.

Can you tell me in your response before about a Canadian debt collector well the letter I received today was from a Canadian collection service is that different from a Canadian debt collector?

They are one and the same. Just send them this;

 

Name/Address:

 

Date:

 

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 faithfullyDO NOT SIGN

 

If they want to try and collect a UK debt they will have to abide by UK law.

[Worriedincanada]

Will send them that Thanks. Can I send this by e-mail and if so would you suggest setting a hotmail/gmail address up or just use my own?

[cerberusalert]

Set up a separate email a/c just for them.