Australia credit card debt being chased in UK - advise please

[MarathonGirl]

Dear CAGGERs

I wonder if you can give me some advice.

 

In 2005 I lived in Australia but was made redundant and had to leave the same year. I had a credit card but fortunately, or so I thought, I was ensured against redundancy, so thought my payments would be covered in the event of my redundancy. I contacted the card service centre before I had to leave Oz and told them of my redundancy, and sent them the relevant paperwork.

I have no idea what happened between now and Sept 2010, but I received a phone call saying that I owed about $8000 and how was I going to pay? My first reaction was that if I owed money then I should pay, but I was confused as I thought my insurance had covered it. I gave the company my email address - the company is Credit Corp, who I now see are well known to you on this site.

They sent me an email with terms of how I could settle immediately, and I replied by email (no signature etc) that I could pay £xxxx immediately and the balance in installments. I tried to call the original credit card company and could get no-where with them, so I thought my only option was to settle with Credit Corp. Naive I know but I have no experience with this kind of issue.

About this time alarm bells started to ring and I started to get advice from this site. I followed up my email with a statement that I required proof that I owed money to them, and asked them to send me a signed agreement with my signature and a statement of account. They sent me a scanned copy of a statement and a form with my typed details on it, but no paperwork with a signature.

I then followed this up with an emailed letter asking for a signed copy of my agreement under the 1974 consumer credit act, and what I believe is called a 'prove it' letter.

They responded by leaving a message on my phone to inform me they were sending this issue to their overseas office.

In the meantime, I have checked my Veda credit history, once in October and also this week. At no time have they listed any court judgements, just a series of entries every month - I have no idea what the entries mean.

Last week I received an email from Stevensdrake, with a PDF letter asking for payment against this credit card. They threaten nothing, and just give me details of how to pay the 'debt'. I have responded by asking them again for a signed copy of the agreement under the 1974 consumer credit act, to which they have responded with 'The above matter is not subject to the Consumer Credit Act as it was taken out in Australia'.

This credit card is due to removed from my Veda file on 07/09/2011.

 

Questions -

By emailing Credit Corp initially telling them I could repay $xxxx and then monthly payments, have I 're-set' the clock - my Veda report says this record will leave my file in September this year? I sent nothing signed or with my address on it.

Despite asking twice to see a signed agreement that I owe money, I haven't seen a copy - is it possible that they d have one?

If there is still a possibility this could be statute barred in September, how can I delay any potential court action against me?

 

I would really appreciate any help or advice.

[cerberusalert]

'The above matter is not subject to the Consumer Credit Act as it was taken out in Australia'.

 

That's correct, which means they cannot take any enforcement action in the UK without an OZ court order... something they have not got and cannot get legitimately.

 

The debt will be Statute Barred on 07/09/2011 so even if you were to go back to Oz after then they would not be able to do anything.

 

Ignore them for now, they cannot do anything but make empty threats. Do not speak to them on the 'phone either. If they wish to communicate they will have to do it in writing so that you have written evidence.

 

By emailing Credit Corp initially telling them I could repay $xxxx and then monthly payments, have I 're-set' the clock - my Veda report says this record will leave my file in September this year? I sent nothing signed or with my address on it.

Technically yes. What type of email a/c did you use, was it a 'throwaway' one?

 

It will drop of your Veda report later this year in any case and it cannot be entered on your UK credit report.

Despite asking twice to see a signed agreement that I owe money, I haven't seen a copy - is it possible that they d have one?

Yes.

If there is still a possibility this could be statute barred in September, how can I delay any potential court action against me?

They would have to take any legal action against you in the UK using OZ law & if they haven't already obtained a court order before you left Oz they cannot pursue in the UK because a UK court does not have jurisdiction.

[MarathonGirl]

Hi

 

What type of email a/c did you use, was it a 'throwaway' one?

 

It is a disposable account - it's not registered to me or paid for.

Edited February 5, 2011 by MarathonGirl
did not use quotes correctly - I am new to this site

[cerberusalert]

Hi

 

 

 

It is a disposable account - it's not registered to me or paid for.

In that case there is no proof that it is your email a/c or in fact that you ever sent that email.

[minky47]

Hi there, sending you my sympathies, am in the same position - am looking into things in depth, will reply in greater detail later. Please rest assured though. You are NOT alone. Loads of help on this site. Best wishes,

[MarathonGirl]

Thanks Minky, much appreciated.

I have been following your posts - looks like we are both in a similar position. Any info you could share would be very helpful - I can only research at night due to my personal circumstances.

Thanks for the support - I hope I'll be able to help you in some way too.

[minky47]

Hi MarathonGirl, Ceberus has been giving you great advice. Thanks for your message. I just reread your post more carefully this time, and urge you not to worry. Please though don't call this UK legal firm or make contact with Credit Corp Pty Ltd. Your debt has not been restarted again by your email - Ceberus is correct. Try and hang in there until its SB'd - am doing the same.

 

I am digging deep into Australian credit agreements at the moment and will be contacting various people as soon as the new working week starts with some general questions - am pretending I am a researcher - won't give names or identify myself.

 

Am gonna ring the CCJ people in London on Monday too - to ask the question about Aus agreements being upheld in the UK through this method and will report back.

 

Was just on a site - which I don't necessarily trust - called ask a solicitor a question - or something like that - an Australian site - where people can ask questions and get answers from lawyers for which they pay. One of the people had asked 'our' question, and the solicitor came back with the answer that YES, an Australian credit card debt can be transferred to the UK - however he said - and I will go to various bodies in OZ and the UK to check this out - that it is rare that this happens, as it involves too much work for the creditors involved. He said it only happens in a small amount of cases - I can imagine then only for hundreds of thousands of dollars. Despite his advice, I still need proof from proper departments in these countries - justice departments, CCJ departments etc and will be contacting these next week, will post results here.

 

My question to you is: if you bought insurance for your credit card - was it missold to you? A whole other deal. Do you have any old statements? If you do, surely the premium for insurance would be there - taken out of your account, or perhaps it was 'built in' into the general interest or something like that.

 

I have been threatened by the self-same legal firm in the UK you talk about, and the debt collection agency is the self-same one in OZ you mention. I will be filing a complaint against the UK legal firm to OFT, and the Law Society because of their threats, without having given me any documents or proof. I can't wait. I will be mailing them a copy - which I won't presume that they will frame in a nice gold frame - but hey. It makes me feel better.

 

I would like to post things onto this site - from my research but can't see how to attach. If anyone is reading this, could they advise on how to attach a PDF for other readers to see, or how to embed it in a post. Am not really sure. Thanks very much and all the best to you MarathonGirl.

 

Will be back in the next few days with my findings.

[cerberusalert]

To post attachments click the paperclip icon in the toolbar in the 'Go Advanced'' box.

[MarathonGirl]

I have read elsewhere on this site if I apply for a Veda credit report then they automatically send the details of my request to any creditors - is this correct? I didn't give my UK address (just my email address) but they did ask for a copy of my passport, which seemed fair at the time otherwise anyone could access the account. Will Veda automatically pass on all my details to the Uk or Oz DCA?

[cerberusalert]

I have read elsewhere on this site if I apply for a Veda credit report then they automatically send the details of my request to any creditors - is this correct?

Normally when someone checks their credit report it is flagged to debt collectors, also if you give a different address it is added to the report.

[MarathonGirl]

Thanks Cerberus - I am checking with Veda to find out exactly what details they have passed onto any 3rd party.

[William415]

Hi Marathongirl,

 

I see you are engaged in some fun & games with those monkeys at Credit Corp. As you might have read my thread, you'll see that I'm in the same situation as you and Minky. For some odd reason, they have not tried to chase me via the UK Solicitor (S.D.) - not that it would do them any good. I put up a huge fight, and made them run around in circles, so perhaps they put my account in the "too hard" basket. It'll be statute barred soon, anyway.

 

I am interested in the results of your resarch, and will be watching this thread with interest to see what you come up with. Credit Corp have stopped contacting me (their most recent attempt was about 6 weeks ago when they tried to send me a letter in the post ... I marked it "return to sender" and returned it).

 

As you would have seen from reading through the various threads on this site, there is virtually nothing they can do - so really nothing to worry about. Just ignore them or send them on fishing expeditions until the statute barred date passes.

 

Good luck.

 

W

[minky47]

Normally when someone checks their credit report it is flagged to debt collectors, also if you give a different address it is added to the report.

 

Hi again Cerberus, this is an old answer to MarathonGirl's post but I do need to know again - to what extent will my details be used by various DCAs in Oz - if I check my credit either through VEDA or Dun & Bradstreet in Oz? I am super-paranoid that the minute I go online and check my VEDA or D & B report, Credit Corp will see me, find me and action me. I know they have already but I don't want to a) re-set any debt clock as I am nearly SB'd or b) advertise my whereabouts to any other potential Oz creditor.

 

Any thoughts? Minky

[cerberusalert]

I would assume things are the same with an Oz credit file but you would be better asking someone like creditcorptrouble.

 

If you click on his name on one of his posts you'll be able to send him a private message.

[creditcorptrouble]

Howdy - for the sake of us all, what was the outcome of this?