Strategy Advice Needed Please

[Twambala]

Hello,

1st time poster so sorry if in the wrong place !

My situation is this I have credit card debt of around about 12k which I was maintaining up untill Xmas last and then had to stop.I live in Australia and have done for last few years now so not a UK resident. CC co have sold onto a DCA Crapquest who are writting letters to my last UK address which is my parents address, my folks are getting phone calls asking for me and just saying does not live here and nothing more etc. Last letter was threatening legal action etc .

 

My question is do I contact the DCA tell them I am not UK resident and give them a PO box to write to then ignore ?

 

Obviously I do not want my parents to be hassled any more - I have read various posts etc on this great site which leads me to believe that a CCJ cannot be issued to a non resident . I have checked and I have nothing against my name as yet

 

- OR do I just keep quiet and wait out the next 2 months or so till they give up but risk having them issue a CCJ against my last UK address .........my folks are cool with dealing with the hassle if this is the best strategy .

 

Before the credit card sold the debt on they did track me to Aus via Google search etc leaving a few messages on my business Skype number - so I assume the DCA have this info too.

Any comments would be greatly appreciated

[rebel11]

Hi twam

 

Welcome to CAG

 

If your parents are getting phone calls you could consider buying them a 'Truecall', that will put an end to unsolicited phone calls.

 

Have you got any mis-sold PPI on the debt that can be claimed back with interest? Claim back over 6 years plus.

 

Have you got any Penalty Charges that you can claim back with interest? Claim back over 6 years plus.

 

Have a read of 1,2,3 and 4 in my signature.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

[Twambala]

Thanks for the reply rebel - and the advice.

[rebel11]

More advice on it's way.

 

Thanks for the reply rebel - and the advice.

[cerberusalert]

As you are no longer a UK resident they would have to apply to an Oz court and they are highly unlikely to accept jurisdiction for a debt which is covered by CCA 1974 see; http://www.consumeractiongroup.co.uk/forum/showthread.php?304615-It-is-now-apparent-that-it-will-be-practically-impossible-to-enforce-a-UK-debt-in-Oz

[Twambala]

Thanks cerberusalert ! I guess the crux of the question is do I contact them and tell them officially that I am overseas and not at the UK address thus putting them off getting the CCJ and also diverting them from my folks.

[cerberusalert]

Before the credit card sold the debt on they did track me to Aus via Google search etc leaving a few messages on my business Skype number - so I assume the DCA have this info too.

If the DCA has bought the debt they will have very little information about it or you. It will have been part of a package of many thousands.

 

If they attempt to apply for a CCJ you could have it set aside as you are no longer a UK resident and not within a UK courts jurisdiction. They would need to go through the Oz legal system which would be likely to fail as in my post above.

 

You could give them a PO box number or even an email to contact you via.

[Twambala]

Thankyou !

[Twambala]

Yes this is what I am thinking - just avoids the CCJ being issued and diverts the attention from the folks.

[cerberusalert]

Even if they were daft enough to try and obtain a CCJ using your last known address your parents could contact the court and notify them that you are not a UK resident & have not been for several years.

[Twambala]

Thanks Mate