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

[Rebecca H]

I couldn't even find a solicitor locally who could help me - I could have ticked the jurisdiction box from the start had someone been able to help me.

[AndyOrch]

Yes that's all that's required Rebecca...you may wish to add what Krios states in post#128.....

 

So add to point 3........" Notwithstanding the above I will contend that any agreements referred to within this claim are protected by Australian Law under the UCCC and not the CCA1974 and cannot be enforced in an English Court or under UK Law "

 

Regards

 

Andy

[Rebecca H]

Thanks once again, I've added those bits in. If it's ok then I will wait a while before I send it in.

So, 2 copies to the court?

 

I 'm glad my curiosity go the better of me and I did go and pay the postage otherwise the N244 from Stevensdrake would gone back to the Court eventually and then what?

 

Strange that it isn't sent recorded delivery when it's as important as this.

[AndyOrch]

Serve a copy on the claimant not less than 7 days and a copy to the Court.You will need to add the headers Claimant V Defendant in the xxxxxxxx County Court....Claim Number.

 

 

Sleep on this for now in case you wish to add/remove further.

[Rebecca H]

yes, I will. If you think there's anything I should take out, please let me know.

[Rebecca H]

I wonder if I should include this fact on my witness statement. DO you know where I would find a reference to this law that I could quote?

[AndyOrch]

I wonder if I should include this fact on my witness statement. DO you know where I would find a reference to this law that I could quote?

 

What fact?...lost me there Rebecca

[Rebecca H]

Hi Andy,

this is what I was referring to

 

Re: Australian credit card debt - credit corp/Stevensdrake

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...-UK-debt-in-Oz

[AndyOrch]

Ah right with you...only 3 pages back:madgrin:

 

Well that refers to enforcing UK debts in Oz Rebecca (under the CCA1974) so the same applies visa versa.

 

Here's the link if you wish to research :- http://www.asic.gov.au/

[Rebecca H]

Ah right with you...only 3 pages back:madgrin:

 

Well that refers to enforcing UK debts in Oz Rebecca (under the CCA1974) so the same applies visa versa.

 

Here's the link if you wish to research :- http://www.asic.gov.au/

Sorry!

Yes will have a look and will add it into my WS.

[Rebecca H]

Hi Andy

 

I have amended my witness statement, borrowing a couple of things from Lisa thread. As she was successful with her case I thought it would be ok to use some of the advice she was given. Let me know if you think any of it isn't appropriate.

 

At the hearing, will I have to argue my case? I have no idea hat is expected from me and so any advice would be appreciated.

 

I haven't heard anything from Credit Corp or Stevensdrake saying that it won't take place, although the letter from COSL does say that any legal action should cease.

 

Thanks

Rebecca[ATTACH=CONFIG]42589[/ATTACH]

[AndyOrch]

Yes thats fine Rebecca

 

The hearing should start and concentrate on the question of jurisdiction... that's the main reason for the hearing...once that's decided then you shouldn't need comment on their application or the debt itself as it should be dismissed.

Don't forget to ask for costs.

 

Regards

 

Andy

[Rebecca H]

Thanks for the quick reply! Re costs, can you give me some idea of what I should ask for?

[AndyOrch]

Time researching/tracing/responding and making application...LiP,s are allowed £18.00 per hour and a payment of £90 for day off work.(if needs be)

[Rebecca H]

Thank you!

[Rebecca H]

Had an email back from COSL

 

Please find Credit Corps response of 13 March 2013 (attached).

 

Credit Corp have confirmed that there has been no enforcement action on this account."

They attached an email from Credit Corp

 

"Dear Team,

 

Please be advised of the below:

 

We would like this complaint to be reviewed by our Internal Dispute Resolution Department.

There has been no enforcement action on this account at this stage.

All the actions and activities on this account has been ceased until the complaint is resolved.

 

Kind regards,

 

Dispute Resolution Team

Credit Corp."

 

I emailed back saying we had a court date on the 5th April, so COSL now want copies of all documents received from Credit Corp. Amazing that they can say this unless they have nothing to do with the case anymore and it's all down to Stevensdrake.

[AndyOrch]

Intriguing Rebecca the plot thickens.

[cerberusalert]

Have you informed the ACCC/ASIC about that email?

 

They are still responsible for any action taken by Stevensdrake & that email is downright deceitful.

[Rebecca H]

Not yet. I've just sent COSL all the court documents so that they can see that enforcement action has well and truly started. Be interesting to see what COSL think about this. I will wait to see the outcome and then contact ASIC. What they will probably say is that it was out of their hands and they didn't know!

[AndyOrch]

Make sure you update your WS Rebecca with any further developments

[Rebecca H]

I'll wait to see if they get back to me in the next couple of days as I really need to send the WS off on Monday as 7days before the hearing is the 29th. COSL have been very prompt so we'll see.

[krios]

Credit corp have been known to lie before but it might just be Stevensdrake solcitors that are the ones taking action off their back and using Credit corps name to stay legal here. A complaint to the Solicitors Regulation Authority might well be in order if thats the case. http://www.sra.org.uk/home/home.page

[Rebecca H]

Thank you, will let you know when I hear something back from COSL. I am tempted to send the COSL letter to Stevensdrake directly, but not sure?

[AndyOrch]

Thank you, will let you know when I hear something back from COSL. I am tempted to send the COSL letter to Stevensdrake directly, but not sure?

 

Forewarned is forearmed

[Rebecca H]

I'll wait then!