Credit Corp chasing me in UK

[S1000]

Hi All, firstly sorry for busting in on the thread but my situation is practically the same. I would like to say that I think I would be lost without the information provided on this site....so many thanks.

I left OZ (WA) 5 years ago and recently received a letter saying I owe about $40k ??Just got the "give 7 days notice intending to issue legal proceedings to obtain CCJ for charging order against property"

Quick question do you think I should respond to this letter with the standard "I would point out that I have no knowledge of any such debt being owed to Credit Corp" or should I ignore the letter and see if anything else arrives, would this cause more problems or will responding cause more problems?

I have never received any information at all...i.e notice of assignment, section 80 letter or any paperwork at all and have never acknowledged anything. I know I have a year on 13 months ish before it would be statute bared but any advice would be greatly appreciated.

[cerberusalert]

I've moved your post and created a new thread for you.

[cerberusalert]

It depends which State you lived in as to when it would be Statute Barred, but for the time being send them this; http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

Are they contacting you through a UK company/address?

 

Don't forget the SB clock starts from when the last payment became due not when you left Oz.

[S1000]

Hi Cerberusalert,

Many thanks for such a fast response. I was in Western OZ not the northern territory where I think it's 3 years for SB. They are contacting me through Steven Drake in the UK. I will send off the letter today. At the moment I have no other information pertaining to the alledged debt?? I will let you know when I get a response if that o.k with you. Once again many thanks, its a horrible feeling with this always in the back of your mind and this site really helps me sleep at night....thanks.

[cerberusalert]

Yes let us know when you get something back.

[S1000]

Hi, I received a letter encloseing an agreement for a personal loan and a on line credit card application. No idea what this online application is I didn't even have a computer in oz. They have said they will send statements in due course?? I asume I don't need to respond to this. By the way if in the future I need to send a message privatley so is cant be seen how do I do that....again Many thanks...Ive been doing a lot of reading recently and some very interesting stuff on this site.

[William415]

First of all, relax - there is nothing they can do to enforce the debt here in the UK. I have been through the same exact experience (see my thread - More AUS Debt Being Chased in the UK), and using the info on this site I've run them around in circles and they have given up. Debt will be statute-barred very soon.

 

Seven Drake are low-life sharks, trying to scare people into paying them. Either ingore them, or use advice on this site to run them around in circles. They cannot issue a CCJ here in the UK in relation to an Australian debt - it would cause them massive expense and effort to accomplish this, making it prohibitive. Eventually, I just started marking everything "return to sender" to Credit Corp, stopped answering emails, and went into ignore mode. Several months on, and I haven't heard a word.

 

A bit of advice: during my ordeal, Credit Corp made my life hell for a while by harassing my employer here in the UK - trying to intimidate me into paying up. Turns out they got my info off of LinkedIn - they have a corporate membership to that site. I would recommend removing any of your personal information from any social networking site until the debt becomes statute barred.

 

If you want to have some fun, demand that Credit Corp provide you with ALL personal information they hold on you - by law, they must comply. In my case, it took them 3 months to compile everything, and A$70 in postage to send it to me.

 

Good luck, and don't ever agree to pay them a dime or ever acknowledge the debt - you'll be clear in no time.

 

W.

[cerberusalert]

By the way if in the future I need to send a message privatley so is cant be seen how do I do that....

Click the persons name you wish to message > click 'send message'.

[krios]

First of all, relax - there is nothing they can do to enforce the debt here in the UK. I have been through the same exact experience (see my thread - More AUS Debt Being Chased in the UK), and using the info on this site I've run them around in circles and they have given up. Debt will be statute-barred very soon.

 

Seven Drake are low-life sharks, trying to scare people into paying them. Either ingore them, or use advice on this site to run them around in circles. They cannot issue a CCJ here in the UK in relation to an Australian debt - it would cause them massive expense and effort to accomplish this, making it prohibitive. Eventually, I just started marking everything "return to sender" to Credit Corp, stopped answering emails, and went into ignore mode. Several months on, and I haven't heard a word.

 

A bit of advice: during my ordeal, Credit Corp made my life hell for a while by harassing my employer here in the UK - trying to intimidate me into paying up. Turns out they got my info off of LinkedIn - they have a corporate membership to that site. I would recommend removing any of your personal information from any social networking site until the debt becomes statute barred.

 

If you want to have some fun, demand that Credit Corp provide you with ALL personal information they hold on you - by law, they must comply. In my case, it took them 3 months to compile everything, and A$70 in postage to send it to me.

 

Good luck, and don't ever agree to pay them a dime or ever acknowledge the debt - you'll be clear in no time.

 

W.

 

Hi William,

 

Did you see this thread? http://consumeractiongroup.co.uk/forum/showthread.php?298927-stevensdrake-just-sent-court-claim

 

The thread shows a cc claim for out of jurisdiction claim not subject to cca.

 

I would be interested in your thoughts on this

Edited April 12, 2011 by cerberusalert

[William415]

Hi William,

 

Did you see this thread? http://consumeractiongroup.co.uk/forum/showthread.php?298927-stevensdrake-just-sent-court-claim

 

The thread shows a cc claim for out of jurisdiction claim not subject to cca.

 

I would be interested in your thoughts on this

 

My thoughts are they are breaking the law. First of all, Credit Corp need to be licensed to undertake debt collection activity in the UK - they are not. But the law doesn't seem to stop them from trying all kinds of shady tactics. And S.D. seem to be making this sh*t up as they go along. Whatever. In my case, I have no assets anyway - so they'd be wasting their time if they tried anything similar on me.

[docker1]

Well thats what i thought too,

That they couldn't come after me with a ccj here in the UK so watch your backs guys. I did everything that i was advised on the forum but i'm still having to fight this out through the court it seems. I also have no assets but i'm self employed and cannot have a ccj on my credit file. Its a nightmare.

[krios]

Found this on defending on jurisdiction.

http://www.hrothgar.co.uk/YAWS/framecpr/part11.htm

Edited April 13, 2011 by cerberusalert

[creditcorptrouble]

My thoughts are they are breaking the law. First of all, Credit Corp need to be licensed to undertake debt collection activity in the UK - they are not. But the law doesn't seem to stop them from trying all kinds of shady tactics. And S.D. seem to be making this sh*t up as they go along. Whatever. In my case, I have no assets anyway - so they'd be wasting their time if they tried anything similar on me.

 

The argument put forward on this in Victoria was that they are chasing their own debt (due to the assignment it is now theirs) and therefore do not need to be licensed. Victoria Police agreed with this argument so I escalated it to the Victorian Ombudsman and the complexities of it all were considered by their Senior Counsel who agreed.

 

NSW Police however disagreed and require licensing for collection of assigned debts.

 

Note that Federal licensing for assigned debts kicked in earlier this year - Credit Corp are properly licensed under the new legislation.

[William415]

The argument put forward on this in Victoria was that they are chasing their own debt (due to the assignment it is now theirs) and therefore do not need to be licensed. Victoria Police agreed with this argument so I escalated it to the Victorian Ombudsman and the complexities of it all were considered by their Senior Counsel who agreed.

 

NSW Police however disagreed and require licensing for collection of assigned debts.

 

Note that Federal licensing for assigned debts kicked in earlier this year - Credit Corp are properly licensed under the new legislation.

 

It's not the licensing in Australia that I'm referring to. Here in the United Kingdom, my understanding is that all DCA's must be licensed to carry out Debt Collection activities IN THE UNITED KINGDOM. Credit Corp may be licensed in Australia, but that doesn't mean anything here. You must be licensed by the UK Office of Fair Trading to collect debts in the UK.

 

Credit Corp are harassing UK residents with telephone calls, emails, letters, etc. - THAT IS DEBT COLLECTION ACTIVITY. They are undertaking that activity in the UK without a license.

 

http://www.insidearm.com/daily/debt-collection-news/debt-collection/uk-warns-13-firms-over-debt-collection-tactics/

Edited April 14, 2011 by William415

[krios]

William,

StevensDrake solicitors to my mind are also acting as debt collectors and even offer services as such on their website. They use some rather questionable means while doing so and also need reporting by everyone concerned.

Cheers

[creditcorptrouble]

I think you will find that solicitors are exempt from being licenced. Do you mean Credit Corp are writing direct to people in the UK, or is it SD? If it's SD then I don't think that you will have much luck as they will simply state that they are pursuing a debt in their capacity as a solicitor. If it's Credit Corp doing it from Australia (and I have also heard that at one stage - I don't know if it still exists - they had a call centre in the Phillipines) then there may be cause for complaint.

[S1000]

Hi Cerberusalert, Creditcorp trouble and anyone who can help.I started this thred on 19th March as I received a letter form Steven Drake. I sent out the standard "I/we would point out that I/we have no knowledge of any such debt being owed to credit corp".I have recently received Copy of statements and letter "We await your payment proposal within 7 days" but not much else in the letter.As mentioned before I would point out that I have no knowledge of any such debt being owed to Credit Corp.Now that I have received this recent letter could you please advise what the best course of action is.As usual I thank you in advance for your time and appreciate any information you have.Cheers.

[creditcorptrouble]

It's a bit hard without looking at the documents but I would be writing back on a without prejudice basis and without admitting liability please provide me with:

 

1. A copy of the original contracted allegedly entered into

2. The terms and conditions permitting assignment of the debt

3. A copy of the Notice of Assignment or Section 80 notice as required by the UCCC

 

It may be that the assignment took place during the period that Credit Corp were not licenced to collect debts from 2006-2009.

[S1000]

Hi Creditcorp trouble, many thanks again for your fast response. I will send out a letter tomorrow requesting the information (assignment etc). I will let you know when I receive a response if thats o.k. Your help is much appreciated.....Cheers.

[S1000]

Hi Creditcorptrouble, I hope yoy are well. I received the notice of assingment today from Steven Drake dated Dec 2006 and Jan 2007, were they licenced back then? Iv'e emailed over the letter and notice of assignment. The cover letter was a bit vague. Could you take a look and let me know what my next move should be. As usual I thank you in advance you've been a great help. I have only ever received copies and never origianls.

[creditcorptrouble]

See http://www.creditcorp.net.au/ccp.pdf -from 1/5/06 to 4/7/09, Credit Corp were not licensed to collect debt, including assigned debts. I suggest you push the point, and if you come across documentation that supports your position please email to me for inclusion on the website (confidentiality guaranteed)

[creditcorptrouble]

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

[S1000]

Hi,

I received a letter from saying "our client has stated that the debt collection activity requiring a licence is activity on behalf of others. This is their own debt and so no licence would be necessary......??????what do ya reckon should be the next move????? very little else in the letter.

As usual thanks in advance.......

[creditcorptrouble]

As long as they purchased the debt between 1/7/06 and 4/7/09 then they weren't licenced to collect it. A confirmation letter from NSW Police is available under 'Licensing' at http://www.creditcorp.net.au - I imagine a county court judge would look dimly on an attempt to pursue a debt purchased in this period. Ask for evidence of the date of assignment (they are after all required by law under Section 80 of the UCCC to give you a formal notice of assignment which will show the date).

 

I would think that if the assignment falls within the unlicensed period then the assignment would be void.

[krios]

If they dont need a licence then why did they get one?