HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!
May 9th 2009, 5:06 am
#16
Banned
Joined: Aug 2008
Posts: 22,348
Re: 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??
.....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??
http://www.bbc.co.uk/blogs/watchdog/...g_debts_1.html
It seems that bad debt is being sold for a song to third party companies who then hound the debtors. Problem is, mistakes are made and often the wrong people are being hounded. You need to stick to your guns on this one and refuse to pay until you are satisfied that you indeed owe the amount.
Good luck!
May 9th 2009, 5:19 am
#17
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Joined: Feb 2005
Posts: 15,526
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.
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.
It's used quite regularly with debtors.
OP has to prove the debt isnt theirs, which should be fairly easy.
http://www.myfinancereporter.com/bad-credit.html
Last edited by ozzieeagle; May 9th 2009 at 5:23 am.
May 9th 2009, 5:55 am
#18
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Joined: Oct 2006
Location: Adelaide
Posts: 3,162
Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!
We also had companies not close our accounts when they should have.
Vodafone claimed my cancellation letter had not been signed (it definatly had, hubbie watched me do it and we were commenting on it still being in my maiden name). I phoned them up, they said ok, we just need to confirm who you are on the phone to cancel it as they had the letter. I answered all the questions, they said it would be cancelled from the date the letter got to them.
A couple of months after being here I noticed I was still getting the 'your bill is ready' e-mails, so e-mailed them asking them to stop sending them as I was no longer a customer. They said I was (I had cancelled all direct debits), and that I owed about 3 months of fees. It took many e-mails to get it sorted. They said they had indeed got my letter, and had logged my phone call cancelling the account, and as a gesture of good will they would cancel the last month of it. Of course I said I don't think so. They then said they would cancel it from when I cancelled, leaving me a bill of something or other. Again I said I don't think so, I had paid up until the last day due, so where was this money they were asking for from? At last they finally said that as a gesture of good will the whole bill would be wiped. Well done, doing what should have been done months before, and only a ton of e-mails to get that far.
Had I not realised who knows how large my bill would have got!
We also had companies not send out refunds which we were due, including barclay card. We had closed our account, they said yes it will be refunded within so many days. We moved, didn't think anything of it for a while. Eventually noticed we hadnot had the refund, phoned up and they tried to tell us they did not do refunds and we would have to send it on the card. Took a while for them to see that we had indeed cancelled the account and could not use the card even had we not chopped it up. Their answer to why they had not refunded it when they had said they would.....'you would have had a letter asking IF you wanted it refunded'. Who would want to donate their money to a credit card company, especially one who said you would have your money back?
Anyway, enough ranting. Definatly ask them for details of the alleged debt, as you certainly will not be paying out for a debt that you do not believe exists.
Let us know how you go.
Vodafone claimed my cancellation letter had not been signed (it definatly had, hubbie watched me do it and we were commenting on it still being in my maiden name). I phoned them up, they said ok, we just need to confirm who you are on the phone to cancel it as they had the letter. I answered all the questions, they said it would be cancelled from the date the letter got to them.
A couple of months after being here I noticed I was still getting the 'your bill is ready' e-mails, so e-mailed them asking them to stop sending them as I was no longer a customer. They said I was (I had cancelled all direct debits), and that I owed about 3 months of fees. It took many e-mails to get it sorted. They said they had indeed got my letter, and had logged my phone call cancelling the account, and as a gesture of good will they would cancel the last month of it. Of course I said I don't think so. They then said they would cancel it from when I cancelled, leaving me a bill of something or other. Again I said I don't think so, I had paid up until the last day due, so where was this money they were asking for from? At last they finally said that as a gesture of good will the whole bill would be wiped. Well done, doing what should have been done months before, and only a ton of e-mails to get that far.
Had I not realised who knows how large my bill would have got!
We also had companies not send out refunds which we were due, including barclay card. We had closed our account, they said yes it will be refunded within so many days. We moved, didn't think anything of it for a while. Eventually noticed we hadnot had the refund, phoned up and they tried to tell us they did not do refunds and we would have to send it on the card. Took a while for them to see that we had indeed cancelled the account and could not use the card even had we not chopped it up. Their answer to why they had not refunded it when they had said they would.....'you would have had a letter asking IF you wanted it refunded'. Who would want to donate their money to a credit card company, especially one who said you would have your money back?
Anyway, enough ranting. Definatly ask them for details of the alleged debt, as you certainly will not be paying out for a debt that you do not believe exists.
Let us know how you go.
May 9th 2009, 6:00 am
#19
Joined: Jan 2005
Location: Asia Pacific
Posts: 4,922
Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!
Actually, thats an interesting point about credit rating. I've been trying to research it a little and it does appear that under the Privacy Act 1988, a creditor can notify a credit reporting agency of a debt regardless of where that debt was incurred. The debt always remains a UK debt but it is simply enforced in Australia."
However, the Data Protection Act in the UK may indeed prevent the passing of that data completely unless the overseas company they pass it to an agency that fully complies with the Data Protection Act. Which most won't.
And there remains the point that only creditors themselves can post default information to a credit file, not a debt collection agency. A UK creditor will not have access to Australian credit checking agencies to even do this.
On balance, I still think that its hot air and bluster. For 800 pounds anything beyond a letter from a DCA seems very very unlikely indeed given the legal complications.
However, the Data Protection Act in the UK may indeed prevent the passing of that data completely unless the overseas company they pass it to an agency that fully complies with the Data Protection Act. Which most won't.
And there remains the point that only creditors themselves can post default information to a credit file, not a debt collection agency. A UK creditor will not have access to Australian credit checking agencies to even do this.
On balance, I still think that its hot air and bluster. For 800 pounds anything beyond a letter from a DCA seems very very unlikely indeed given the legal complications.
May 9th 2009, 7:38 am
#20
no stressin no fussin....
Joined: Aug 2007
Location: Fantasy Island....
Posts: 12,616
Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!
Banks & Finance institutions state information is confidential and credit agencies are not supposed to keep information that is incorrect, however if we are to believe this then we very much under estimate these sectors & their powers and their known cartel behavior.
Important and significant information is shared under the utmost of discretion so as not to be seen to be doing the wrong thing. The reality of banking & finance is very different.
Important and significant information is shared under the utmost of discretion so as not to be seen to be doing the wrong thing. The reality of banking & finance is very different.
May 9th 2009, 8:16 am
#21
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Joined: Aug 2008
Posts: 22,348
Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!
). I have closed several and yet I'm still receiving letters from them offering me one service or another complete with my masked but apparently still active account number. I've been keeping all of the letters confirming that the account has been closed as protection against any fraudulent actions resulting from them issuing further cards on my closed account. Very little gets shredded or thrown out these days 
May 9th 2009, 11:00 am
#22
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Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!
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.
May 9th 2009, 11:02 am
#23
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Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!
There is a scam in the UK where people are being chased for debt that they know nothing of. It was uncovered by BBC watchdog a couple of months ago:
http://www.bbc.co.uk/blogs/watchdog/...g_debts_1.html
It seems that bad debt is being sold for a song to third party companies who then hound the debtors. Problem is, mistakes are made and often the wrong people are being hounded. You need to stick to your guns on this one and refuse to pay until you are satisfied that you indeed owe the amount.
Good luck!
http://www.bbc.co.uk/blogs/watchdog/...g_debts_1.html
It seems that bad debt is being sold for a song to third party companies who then hound the debtors. Problem is, mistakes are made and often the wrong people are being hounded. You need to stick to your guns on this one and refuse to pay until you are satisfied that you indeed owe the amount.
Good luck!
Thanks for this re4ply, I am certainly going to stick to my guns as I know I dont owe.
May 9th 2009, 11:22 am
#24
Ocean Reef
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Posts: 164
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.
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.
Centurion - Thanks loads for the reply, very much appreciated. I will send this letter and let you know the response if any.
May 9th 2009, 11:31 am
#25
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Joined: Oct 2005
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Posts: 2,590
Re: 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??
.....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??
If you don't think the debt is yours, you ask for proof of a CCA, involved sending some minor fee (I believe £1), then the burden is on them to prove that the debt is yours, this has a timeframe of about 2 weeks, if they can't get your original agreement then they have no case.
Have to advise you to tell them only to contact you by letter and don't speak to them on the phone under any circumstances, if they turn up at your house deny them access and phone the Police as they have no legal right to enter your property, but they won't tell you that
May 9th 2009, 12:21 pm
#26
Ocean Reef
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Location: Landed in Perth July'06 & now freezing in Melbourne! Brisbane Bound soon and lovin it everyday!
Posts: 164
Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!
Did the bank not contact you about the debt? Sounds a bit suspect if not. Was a CCJ raised in the UK regarding the debt? Shouldn't have been if you're not a resident, but that's another issue. If there is no UK CCJ then they cannot claim any money as is a UK debt and has to be dealt with under UK law and as you don't live in the UK a CCJ cannot be raised.
If you don't think the debt is yours, you ask for proof of a CCA, involved sending some minor fee (I believe £1), then the burden is on them to prove that the debt is yours, this has a timeframe of about 2 weeks, if they can't get your original agreement then they have no case.
Have to advise you to tell them only to contact you by letter and don't speak to them on the phone under any circumstances, if they turn up at your house deny them access and phone the Police as they have no legal right to enter your property, but they won't tell you that
If you don't think the debt is yours, you ask for proof of a CCA, involved sending some minor fee (I believe £1), then the burden is on them to prove that the debt is yours, this has a timeframe of about 2 weeks, if they can't get your original agreement then they have no case.
Have to advise you to tell them only to contact you by letter and don't speak to them on the phone under any circumstances, if they turn up at your house deny them access and phone the Police as they have no legal right to enter your property, but they won't tell you that
May 9th 2009, 12:32 pm
#27
Just Joined
Joined: Apr 2009
Location: East Anglia
Posts: 6
Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!
Luchi,
Have you tried to get hold of your UK credit reference report. You should still have one if you only left the UK 3 years ago and any debt will be listed and who the creditor is. I watched a very revealing program last night about credit reference agencies and how to improve your rating. This is their website.
http://www.itv.com/News/tonight/epis...d/default.html
Also have a look at http://www.moneysavingexpert.com
Good luck and don't let these companies bully you.
Have you tried to get hold of your UK credit reference report. You should still have one if you only left the UK 3 years ago and any debt will be listed and who the creditor is. I watched a very revealing program last night about credit reference agencies and how to improve your rating. This is their website.
http://www.itv.com/News/tonight/epis...d/default.html
Also have a look at http://www.moneysavingexpert.com
Good luck and don't let these companies bully you.
May 9th 2009, 12:59 pm
#28
Cad and bounder
Joined: Jan 2007
Posts: 1,080
Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!
Did the bank not contact you about the debt? Sounds a bit suspect if not. Was a CCJ raised in the UK regarding the debt? Shouldn't have been if you're not a resident, but that's another issue. If there is no UK CCJ then they cannot claim any money as is a UK debt and has to be dealt with under UK law and as you don't live in the UK a CCJ cannot be raised.
If you don't think the debt is yours, you ask for proof of a CCA, involved sending some minor fee (I believe £1), then the burden is on them to prove that the debt is yours, this has a timeframe of about 2 weeks, if they can't get your original agreement then they have no case.
Have to advise you to tell them only to contact you by letter and don't speak to them on the phone under any circumstances, if they turn up at your house deny them access and phone the Police as they have no legal right to enter your property, but they won't tell you that
If you don't think the debt is yours, you ask for proof of a CCA, involved sending some minor fee (I believe £1), then the burden is on them to prove that the debt is yours, this has a timeframe of about 2 weeks, if they can't get your original agreement then they have no case.
Have to advise you to tell them only to contact you by letter and don't speak to them on the phone under any circumstances, if they turn up at your house deny them access and phone the Police as they have no legal right to enter your property, but they won't tell you that
Also on the sample letter, under no circumstances sign the letter. Simply print your name e.g MR F SMITH. DCA's have been known to scan your signature and add it onto credit agreement documents. Yes it does happen!!
Good luck
May 9th 2009, 1:03 pm
#29
Ocean Reef
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Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!
Regarding the £1 fee. Please make sure you don't send £1 cash. The simple fact that many DCA's will use the cash as a payment towards the alleged debt. Make sure the £1 payment is in the form of a cheque or PO with an explanation written on there as to what the payment is for. Also take a photocopy of this.
Also on the sample letter, under no circumstances sign the letter. Simply print your name e.g MR F SMITH. DCA's have been known to scan your signature and add it onto credit agreement documents. Yes it does happen!!
Good luck
Also on the sample letter, under no circumstances sign the letter. Simply print your name e.g MR F SMITH. DCA's have been known to scan your signature and add it onto credit agreement documents. Yes it does happen!!
Good luck
May 9th 2009, 1:12 pm
#30
Cad and bounder
Joined: Jan 2007
Posts: 1,080
Re: HELP !!! Being chased for wrongly accused debt after 3 yrs in oz!!!!!!!!
You would be very surprised as to what tricks a DCA will pull. My ex used to work for an outfit called Mackenzie Hall (try googling them, their antics are shocking) . She was encouraged to get payment by any means possible using often illegal tactics.