credit corp/Stevensdrake claimform - Aus Card Debt ***WON***

[Rebecca H]

Thanks.

Ok, I'll have a look at the complaints procedure. I am also going to include the NAB as I feel they acted wrongly in selling the debt to credit corp in the first place.

 

Should I be expecting anything else from the court ?

 

Many Thanks

Rebecca

[Andyorch]

No but you must mark the date by date to submit any further evidence.

[Rebecca H]

yes, I've marked the date.

 

In the meantime, I've been looking through the thread Krios recommended a while ago posted by William415. The problem I have re complaining to ASIC, FOS or the Privacy commissioner is that I did not keep dates and times that Credit Corp and Stevensdrake called me. So should I

 

a/ request my file including the actual letter of assignment from Credit corp which should show the sates and times they called me {this would have to be done through the court now?]

then

b/based on that send letters of complaint to the above?

 

I am also going to lodge a complaint against the NAB based on the fact that I didn't receive any default notices from them. They always had my contact details and everything else was cleared upon the sale of the farm except my credit card debt which was unsecured. { I emailed bank manager who told me this and said he didn't know why it had been sold to credit corp and suggested I contact them!]

 

Many Thanks

Rebecca

[Andyorch]

You don't have to state the times and dates the fact that they have is sufficient..." on numerous occasions " keep it brief.Try not to dig too deep here Rebecca in creating a defence...they have to provide proof at the hearing that they have jurisdiction.If they have then you will be offered time to present a fully particularised defence.

 

Regards

 

Andy

[Rebecca H]

Thanks Andy, it's frustrating that both threads with cases similar to mine don't have any conclusion, they stopped posting and no ones the outcome, which is a shame.

[Andyorch]

Lisa,s did :- http://www.consumeractiongroup.co.uk/forum/showthread.php?321375-Received-court-summons-from-US-company-for-Milton-Keynes-CC-Help-**-WON-**/page4

 

"Just to let you all know- we had the hearing last week at Liverpool CC and the Judge found in our favour and made an order declaring that: An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction

(a) setting aside the claim

 

So relieved ! thank you all for your help without which we would not have been able to defend ourselves.

 

Lisa "

 

Hopefully you will attain the same also.

 

Andy

[Rebecca H]

yes, I hope so. WIll do everything I can to make it so, once again, what an amazing site. Reading everyone's elses problems with credit corp etc gave me the strength to decide to fight. I was very close to letting them make a judgement.

[krios]

So should I

 

Quote

a/ request my file including the actual letter of assignment from Credit corp which should show the sates and times they called me {this would have to be done through the court now?]

then

b/based on that send letters of complaint to the above?

 

 

Dont involve the court. Just dispute with the AUS FOS. Put complaints in with the ASIC. Request ALL information from credit corp as per williams thread. Also request A COPY of credit corps licence for the period of the asignment and request details for their UK credit licence as required by the OFT here in the uk for debt collectors (mention that to the FOS) The more you throw at them the better. If credit corp do not supply information within the time frame allowed compalin to the Aus FOS. (see williams thread) For what its worth i know that credit corp left william alone after his compalints. StevensDrake are bully boys and will tell you anything so dont even bother with them.

Something like this for credit corp See williams thread a add to the below.

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to an account at the time the account was opened. Please note that a "true copy" as defined as a copy of the actual executed agreement, including signature is required. FOR ALL accounts

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with (put company names) is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A list of third party agencies to whom you or your client have disclosed my personal data and a summary of the nature of the information you have disclosed. Required for privacy complaints

 

For FOS, Please add to this anything you wish.

 

Points of Dispute.

 

1. I dispute the jurisdiction. Credit Corp have no legal standing to enforce an Australian agreement against a resident of the UK. Further UK law insists that debt collectors contacting UK residents MUST be licensed by the Office of fair trading which Credit Corp are not and they have therefore have been acting illegally.

 

2. I dispute the validity of the consumer credit agreement.

 

3. I have requested copies of all personal information that Credit Corp hold on me via e-mail contact, as is my right under the Privacy Act. To date, no information has been provided. Use this when credit corp are late with your request.

 

4. I have received no letter of assignment regarding the alleged debt. This means that Credit Corp are not entitled to make any claim against me.

 

5. I have not received a Section 80 letter regarding the alleged debt, which means Credit Corp can take no court action against me.

 

 

6. I wish to request a copy of Credit Corps licence pursuant to Section 26 of the COMMERCIAL AGENTS AND PRIVATE INQUIRY AGENTS ACT 2004 for the period of the alleged assignment.

 

 

7.As a former resident of WA i also request a copy of Credit Corps licence in WA for the period of the alleged assignment

 

Hope this helps

Keep us posted

[Rebecca H]

Right, thank you so much. I will read all this again, digest and set the wheel in motion. I did think though that because it has gone to court I had to make requests through therm?

[krios]

No, Forget the court for the moment. Disputes with the AUS FOS and complaints to ASIC are for them only. Privacy info request from credit corp should be addressed to credit corp direct. The court has nothing to do with any of this.

[Rebecca H]

HI Krios,

I have used the above and now have a letter to ASIC, Credit Corp and FOS in Australia. I have added the point below to the letter to credit corp

 

 

Please provide a copy of your license for the period of the assignment and details of your UK credit license as required by the OFT here in the UK for debt collectors.

 

and in addition to the points raised by WIlliam 415, I have added that I was duped into making a £50 payment which I now realise started the clock ticking again in relation to the time frame of being Statute barred.

 

I was going to complain to the FOS re NAB bank but will wait to do that.

 

WIll keep you all posted

Rebecca

[Rebecca H]

Forgot to ask if I can email any of the letters or should they all be hard copy?

[krios]

Quote

 

Forgot to ask if I can email any of the letters or should they all be hard copy?

 

Both if you can and make sure the posted letters are sent via recorded delivery.

 

The FOS complaint you can do online.

 

Once you start getting replies, really push home the jurisdiction issue in regard to the Australian uccc. YOUR agreements are all subject to this and legal jurisdiction is WA law as set by the UCCC. Also push the cross border privacy issue. Credit corp break every rule in the book and are well known for doing this. Stevens Drake are just Credit Corps

Puppets

in the uk and will try anything for a few pounds of your money. They use the sollicitor badge as a way of scaring people. Their own website even states "

experience shows that clients’ debtors react quickly when a law firm becomes involved in debt collection

Dont give in to these people.

 

Just in case you also need to put in a complaint to Credit corp and the ASIC about credit corp breaking collection rules.

Quote

The only thing I did was to pay them £50 as they kept ringing me at 5am

 

They are NOT allowed to call at 5am

 

Credit corp will state no rules broken (according to them they never do) but the ASIC know they do this as a way of catching you off gaurd and to put you under pressure. Get the complaints in.

[Rebecca H]

Thanks Krios,

I've sent all the letters off today, so will see what eventuates. I'm ready to fight Credit Corp all the way. Even if they did obtain judgment against me they wouldn't get much as I don't own any property and receive tax credits so they wouldn't get very much, £1 a week would be all I could afford. I would also look at making myself bankrupt and then they wouldn't get anything.

WIll keep this thread updated.

[krios]

That would take stevensdrake about 20 years just to get just the court costs back not to mention all their other time wasted for no reward.

Keep up the good work

[Rebecca H]

I've received an email from FOS in Australia this morning -

 

"I refer to your dispute with Credit Corp Group.

 

Jurisdiction to consider the dispute

 

The Financial Ombudsman Service only has jurisdiction to consider disputes if the financial services provider concerned is a member of the Financial Ombudsman Service. Unfortunately, Credit Corp Group is not a current member of the Financial Ombudsman Service. This means we cannot consider your dispute.

 

Other assistance

 

You may be able to obtain assistance with your dispute from another organisation. I suggest you contact:

 

Credit Ombudsman Service Limited (COSL)"

 

I'll be writing to them this morning. Find it very strange that credit corp aren't members! It explains a lot.

[krios]

http://www.creditcorp.com.au/consumers/feedback-complaints/

 

Go from here.

[Rebecca H]

I received a notice from Royal Mail that they were holding a parcel as there wasn't sufficient postage on it.

 

I collected it today and it is from the local county court.

 

It contains copies of agreements etc but most importantly an N244 with a witness statement from Stevensdrake.

 

They want a summary judgement as they do not think I can contest jurisdiction as I am liable for the debts and it would be too expensive for them to be pursued in Australia.

 

I have attached copies of the N244. HELP !!!!

 

it just gets worse.

 

I'm uploading the last pages separately as I think I've overloaded this post.

 

Last pages of N244 witness statement from Stevensdrake

[krios]

In post a of this thread i warned you that Stevens Drake would request summary judgment.

They must think you have some money somewhere.

 

Did you get the dispute in with the cosl? yet? IF not get it in ASAP.

Please ask Andy on how to respond to this summery request. I wish i could help more on that but with court stuff i'm just out of my depth.

If it were me I would be using the fact that the accounts are disputed with the cosl and jurisdiction is defined by the UCCC in Australia to be subject to WA law.

[krios]

For Andy if it helps?

Australian courts recently agreed that they do not have jurisdiction to hear cases of UK agreements surely the reverse must also be true?

 

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

[unclebulgaria67]

The point is that a UK court would have to agree to hear a case under Australian law and procedures. They cannot use English law. The Australian law and procedures would have to allow for such a case to be brought outside Australia.

 

Here is a previous post on CAG, if it helps.

 

"With regard to Jurisdiction, it is possible that an Australian contract can be enforced in a UK court if the UK court is deemed to be the appropriate forum to hear the case. Given that the debtor is a UK resident, it could be argued that a UK court is the appropriate forum.

 

Regardless of Jurisdiction, any contract between an Australian financial institution and a (then) Australian resident, signed in Australia is subject to Australian Law.

 

A creditor would have to sue in a UK under Australian Law, which is not the easiest, or cheapest option.

 

As the alleged debt is covered under Australian Law, the creditor would need to be a member of an Australian financial ombudsman service (there are two: fos and COSL). Simply disputing the debt with the ombudsman service is going to delay anything for months at least. There are a lot of things a creditor has to do under Australian Law to enforce a judgement in court, not least issue a Section 80 letter before commencing any actions.

 

Anyone interested in reading up should google "ASIC debt collection", "Section 80", "UCCC". "

[Rebecca H]

Yes, you did and I wasn't surprised to get something from them.

They must be serious but if they did their research they would see that I haven't got anything!I rent a house, am trying to get my business going here in a really difficult economic climate and still have 2 daughters to look after! I get working tax credits and housing benefit. I am working my socks off trying to establish myself here after 14 years of being away.

 

I didn't even get a settlement

- my ex walked away from everything and stopped paying the mortgage and he owes the NAB money now.

He lives in Vietnam so is untouchable but does still work in Australia on occasions.

 

The solicitor I saw here who couldn't help because it was out of her expertise, said I should be joining him in this case as we were married and although the debts are in my name, they were for farm expenses etc.

 

It is ridiculous that the NAB, in particular sold that debt when they know they were going to get everything repaid.

It's very unfair but that's life I suppose.

It just means that it will make it even more difficult for me to get back on my feet.

hope ANdy has got some advice otherwise they've won I'm afraid.

 

I've emailed COSL, nothing back from ASIC or credit corp, apart from the court papers.

Thanks for your help though:-)

 

I would much rather go to court in Australia and then I may have a chance of joining my ex in on the debt.

Last year he earned $427 000 000 before tax in Australia !

 

I would also be able to bring NAB to task as to why they sold this debt on when they knew everything was getting paid off.

I have sent letters to ASIC and now COSL, as Credit Corp aren't members of FOS.

They are bullies and If I had seen this forum before I would have acted differently.

 

They got me at a very bad time when we had just come back to the UK and I was under a lot of stress. T

hey prey on the weak and vulnerable and I won't go down without a fight but it's knowing what to do and finding a lawyer who knows! I have tried locally but it's not something they know anything about.

 

I just hope the court deems that it is out of their jurisdiction - we'll soon see! Thank you for your comment, much appreciated.

[krios]

They havent won yet.

I'm sure Andy will advise on how to respond to the summery judgment request.

[unclebulgaria67]

Without reading the whole thread. Has there been an Australian court judgement ? If there has been no judgement in Aus, then it would be difficult to hear a case in Aussie law in a UK county court.

 

Also I have found this link, which is worth reading and making note of.

 

http://www.corrs.com.au/publications/tgif/uk-supreme-court-makes-it-harder-to-enforce-australian-insolvency-judgments-in-the-uk/

[Rebecca H]

Thank you, No judgement in an Australian court, I have read your link. Interesting. Might have to use that in my defence!