Credit Corp and Stevensdrake

[freshthinker]

In 2005 I had an Australian credit card in Australia and then moved to the UK that same year. In 2010 the credit card company passed the account to Credit Corp and as I have been living in the UK since 2005, they used all their tricks to intimidate and harass me over the phone, calling at all hours, demanding I pay in full, asking me to access my superannuation etc and when I didn’t settle the account they then transferred it on to Stevensdrake - I was advised of this by an email from Credit Corp.

 

 

Stevensdrake then sent me a letter advising me that they act for Credit Corp and requesting a good faith payment. Since then, almost all communication with Stevensdrake has been email.

 

Uninformed and scared of legal proceedings I immediately made a good faith payment as they requested – and have continued to make monthly payments.

 

I haven’t ever received or signed a contract but I fear that the emails and my payments constitute a contract. In addition to the payments I have written in emails things such as ‘I am trying to secure funds to make an offer of payment’ and ‘I will make payment each month’. Acknowledgement by me of the alleged debt was under duress and was uninformed.

 

 

Reading other threads, I also havent received notices or any letters from Credit Corp - just the bullying phone calls and then an email.

 

 

In my emailing with Stevensdrake have i put myself in the position of a contract?

 

Any advice very much appreciated.

[krios]

Where in Aus did you live? Which state?

When did you make your first payment to Stevensdrake?

Edited June 20, 2012 by krios

[BRIGADIER2JCS]

Hi, welcome to CAG having made payments it would

be more than difficult to deny the debt,the contract is

with the original credit card issuer.

How many payments have you made and are you still

making them?

[cerberusalert]

What was the length of time where you stopped making payments to the credit card company & then paid Stevensdrake?

[krios]

Hi, welcome to

CAG

having made payments it would

be more than difficult to deny the debt,the contract is

with the original credit card issuer.

How many payments have you made and are you still

making them?

 

If it was a NSW debt that was more than six years from last payment, then even making a payment would not re start the sb clock. Once Statute barred In NSW it stays that way.

 

[cerberusalert]

In that case it would be Statute Barred and they could not take any enforcement or obtain a CCJ. The payments you have made would be deemed as a gift from you to Stevensdrake.

[freshthinker]

Thank you for your fast replies! To your points:

• Victoria
  
• First payment to Stevensdrake was April 2010
  
• 20 payments made in total but have stopped making these
  
• Last payment to the credit card was May 2007 and the first payment to stevensdrake was April 2010. So a period of almost 3 years between payments.
  

Further thoughts much appreciated.

[krios]

Unfortunately then it wont be statute barred. Have stevensdrake ever sent you the original agreement? Might be worth asking for that as they may not have it?