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Old May 8th 2009, 11:46 pm   #1
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Exclamation HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

Just rec'd letter saying I owe a bank in UK $800 .....the facts are: left UK 3 yrs ago, left not owing anyone, never been in debt, would pay it if I did owe, now being chased and need help please.

I will write back to Oz debt agency, but wondering if any one else has been in this situation and wondered what to do...apart from writing "without prejudice" on the letter and explain that I do not know of any debt I owe, ask them for evidence of what debt relates to etc.

what rights do I have and want to get this cleared....any suggestions??
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Old May 9th 2009, 12:25 am   #2
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

Write to them asking exactly what the debt is. So that you know what is happening.
Without knowing that, you will just go round in circles.

Then wait... you may never hear from them again, once they figure out their error.

Don't worry about it if you know that have nothing to pay.
 
Old May 9th 2009, 12:26 am   #3
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

Quote:
Originally Posted by luchi View Post
Just rec'd letter saying I owe a bank in UK $800 .....the facts are: left UK 3 yrs ago, left not owing anyone, never been in debt, would pay it if I did owe, now being chased and need help please.

I will write back to Oz debt agency, but wondering if any one else has been in this situation and wondered what to do...apart from writing "without prejudice" on the letter and explain that I do not know of any debt I owe, ask them for evidence of what debt relates to etc.

what rights do I have and want to get this cleared....any suggestions??
Until you find out what the debt is and from where, you can't do anything. It could be that it's someone with the same name and a similar previous address in the UK. If it's not you, it should be easy to clear up.
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Old May 9th 2009, 12:58 am   #4
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

Quote:
Originally Posted by luchi View Post
Just rec'd letter saying I owe a bank in UK $800 .....the facts are: left UK 3 yrs ago, left not owing anyone, never been in debt, would pay it if I did owe, now being chased and need help please.

I will write back to Oz debt agency, but wondering if any one else has been in this situation and wondered what to do...apart from writing "without prejudice" on the letter and explain that I do not know of any debt I owe, ask them for evidence of what debt relates to etc.

what rights do I have and want to get this cleared....any suggestions??

As others said find out what debt is owed. If the a/c was left open you never know it could be "bank charges" that have accumalated.
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Old May 9th 2009, 1:13 am   #5
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

Quote:
Originally Posted by luchi View Post
Just rec'd letter saying I owe a bank in UK $800 .....the facts are: left UK 3 yrs ago, left not owing anyone, never been in debt, would pay it if I did owe, now being chased and need help please.

I will write back to Oz debt agency, but wondering if any one else has been in this situation and wondered what to do...apart from writing "without prejudice" on the letter and explain that I do not know of any debt I owe, ask them for evidence of what debt relates to etc.

what rights do I have and want to get this cleared....any suggestions??
just write them back or contact them on the phone to clear the matter more quickly. And also How did the debt collection agency come to know ur current address.
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Old May 9th 2009, 1:21 am   #6
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

Thanks for the reponses all.

just to answer one question....they knew my address as I let the UK bank know where I was going (I didnt let other banks etc know, just that one as had interest etc to go into account)....I had nothing to run away from and had to check when arrived in oz that I had no interest or charges etc left in bank to take out before closing it.... let all charges go through and I closed it..that would have been a good reason why debt ie charges + interest charged, but all made sure that all was sorted properly so I wouldnt have any probs...

..I'll send them the letter and see what happens, but already told them on phone and didnt hear from them and a couple of months later they sent another letter...I guess I will just have to ride it out, if they cant prove exactly what the debt is for, then the got no case, bujt think they must have mistaken me for someone else.

Thanks all again.....
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Old May 9th 2009, 1:41 am   #7
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

It could be more serious and you may need to contact the police if the banks don't accept your explanation. You may be the victim of identity theft. Check everything.
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Old May 9th 2009, 2:21 am   #8
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

So, I AUSTRALIAN debt agency is chasing you for UK debt.

Has the Uk institution handed your details over to the debt agency in Aus?

Why hasnt the UK institution contacted you direct if you gave your details etc....

Sounds suspect to me. Also I hear jurisdiction is different about these debts, its hard to chase you.

I suspect an aussie scam here....

There is plenty of poms here, who have escaped debt, and there isnt a lot UK institutions can do, except for racking up huge bills chasing you.
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Old May 9th 2009, 2:49 am   #9
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

Bit different but we have been here nearly a year and recently got a letter from my workplace in the UK telling me they had overpaid me by over 3000 UK pounds.
I had left a UK account open because we still have money over there and my wage had been getting paid into it unknown to me as i never look at it.When i looked at it sure enough there was the money.
Apparently personnel hadnt done a termination of employment form for me and they had paid me for an extra 2 months.It had taken them so long to find me as we have moved about in Australia and i dont,to this day,know how they found me.
Afew people told me to forget about it and dont even reply..what can they do...but i had to pay it.I would have worried myself sick.So in the end i called them(which cost me a fortune on a 1800 number!) and told them i would pay it ASAP which i did and i have never had so much of a "thankyou for your co operation" in response.
All the same,i couldnt have relaxed knowing i owed that money,even though it wasnt a debt as such,it was someone elses mess up.
My advise would be to find out what the problem is and sort it as soon as possible.
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Old May 9th 2009, 2:52 am   #10
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

ANY advice would be to find out if this enquiry is legit..................

what they going to do, put you in prison....its a civil matter....ignore it
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Old May 9th 2009, 3:03 am   #11
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

This happened to me. I was chased for 20 pounds which was 5 pounds a month fee for my UK credit card which I closed before I left for Aus. I paid off the account in full asking for a closing balance and cut up my card as advised by the person who closed my account:curse:

I even forwarded my parents UK address so they could send the final bill stating zero balance and closure of account. Again, as advised by the bank.

The dip sticks didn't close it, they just put the account to zero and so the monthly fees of 5 pounds kept being added up. I kept ringing them from Aus as they wouldn't speak to anyone else and each month they assured me they had closed it, only to find they'd send another bill to my parents. One time they told me to ring their branch in Ireland to make sure this time it was closed

I got so angry that finally emailed them, stating times, dates, people I'd spoken to and all the Managers who promised they had closed it, and the joke advice re ringing Ireland [which I did, only to get cut off when being transferred]:curse:.

In my email I said I'd spent far too much time and effort on this and this was their problem not mine. Finally I told them if they didn't effin do something they could go to hell and back on a bike, sue my ass and kiss my fanny.

I got no more stupid bills

The funny thing is sometime later I got a letter telling me I was an excellent customer & would I like a huge amount of credit

Morale of the story: OP - find out what it's about as the banks do often stuff up.
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Old May 9th 2009, 3:42 am   #12
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

Quote:
Originally Posted by luchi View Post
Just rec'd letter saying I owe a bank in UK $800 .....the facts are: left UK 3 yrs ago, left not owing anyone, never been in debt, would pay it if I did owe, now being chased and need help please.

I will write back to Oz debt agency, but wondering if any one else has been in this situation and wondered what to do...apart from writing "without prejudice" on the letter and explain that I do not know of any debt I owe, ask them for evidence of what debt relates to etc.

what rights do I have and want to get this cleared....any suggestions??
I wouldn't write the letter 'without prejudice' as you are not seeking to negotiate a settlement. I would just respond in an open letter asking for clarification of the debt. If they fail to respond and then issue proceedings, you can then exhibit your letter in those proceedings.
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Old May 9th 2009, 4:14 am   #13
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

Quote:
Originally Posted by La Vida loca View Post
..its a civil matter....ignore it
I wouldn't just ignore anything like that...


Quote:
The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia, Desiring to provide, on the basis of reciprocity, for the recognition and enforcement of judgments in civil and commercial matters; Have agreed as follows:
www.opsi.gov.uk/SI/si1994/Uksi_19941901_en_2.htm
The above link basically says that a court order (Civil and Commercial Matters) made in either country, can be enforced in the other country.
 
Old May 9th 2009, 4:48 am   #14
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

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Originally Posted by ABCDiamond View Post
I wouldn't just ignore anything like that...
Exactly.

Like you and others have said, first find out what it's about then provide evidence to the contrary. It's always best to provide info from the other side.

I'd then I'd allow them to take proceedings if they wish which would cost them money to persue it in the long run, providing I was 100% sure of "no blame".
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Old May 9th 2009, 4:59 am   #15
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Default Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!

Any legal proceedings would have to be in the UK courts. The fact that anyone has bothered to pass the debt to an Australian debt collection company means they havn't done that (an Australian debt collection company cant enforce a CCJ etc). So I suspect that the letters you are getting are trying it on with little teeth to back it up.

You should indeed send a letter requesting proof of the debt, WITH an offer in that letter to pay any statutory charge for providing that proof. You can in fact email this if you can find an email address of the bank concerned.

They have 12 working days to reply to you. If they won't comply or can't comply and the 12 days expires,then they are NOT legally entilted to pursue the debt through the Courts and if they attempt to any Judge would laugh at them.

Here's the text of a sample letter I would send. Hope it helps.

Dear Sirs,

I understand that you act for an overseas client situated in relation to an alleged debt puportedly incurred in the UK and in the jurisdiction of English Law.

I further understand that under the UK Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a true copy of any credit agreement and a statement of account on request.

I am prepared to pay any statutory fee payable that you may be able to request under the Consumer Credit Act 1974.

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

I understand that under the Consumer Credit Act 1974 [sections 77-79], creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

Yours,


My bet is that they close the file. Its simply too much hassle to even consider enforcing. Oh and just a thought, sending you a statement of account or similar isn't acceptable. You must be supplied with a copy of the credit agreement you would have signed when opening the account AND any statement. A lot of company's just try to send out statements. That doesn't wash legally. They must supply you with a true copy of the credit agreement.

Last edited by Centurion; May 9th 2009 at 5:03 am.
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