kellz

Hi all. My very good friend who moved here from UK with a Credit card debt of 2 grand has just had a couple of letters. One is from DCA in UK, very nicely saying they are passing the debt on to an International Law company. The other is from an Aus DCA stating pay up $3,500 by Wednesday or you are going to court and there is nothing you can do about it. It is a very aggressively toned letter and on the back they say that this is a civil debt.

I would like to stress this is NOT me, and I do not know the reasons for the debt being left behind.

This is a Credit Card debt and from my understanding not really and totally enforceable in this country.

Any advice, not mudslinging please would be very much appreciated.

Would love to hear from Perksy

roaringmouse

Pay up.

kellz

I asked for advice on how she can sort this. 5 days is short notice and the letter is very threatening.

Tr1boy

Seems to me like you got it

kellz

I think maybe I shouldn't have bothered.

Wendy

Let them take it to court. The court will then decide on acceptable payment terms for your friend based on what she can afford - if it is indeed enforceable here of course.

kellz

how can she find out if it is enforceable? They are saying it is a civil debt, but there has been no CCJ as she has been here, no other court case relating to it. Just a letter saying it is from a random DCA

Cheetah7

Im sure someone has previously posted that it is not enforceable and would not stand up in court.

Ill see if I can find the thread, someone who seemed to be quite knowledgeable on the subject posted something, the threatening letters are just that threatening.

God I cant remember who knew about this stuff, think they had worked in this area or something, Im having a senior moment - i shall try and find it for you.

Pollyana

Think it might be Perksy....

Wendy

They are probably just trying to scare her, some debt collection agencies are bullies. I am sure they would get further if they actually tried to help people put a payment plan into place rather than try to scare them half to death.

Maybe she could speak to citizens advice or legal aid in her area? they would know most likely. She would probably only need a short consultation so she can decide how to proceed.

I really do think they are just trying it on.


It was centurion wasn't it.

perth tiger

as far as i know debt collectors have no power at all without a court order. they send threatening letters in the hope that the person will pay up without the need to take them to court.
if the letters are threatening you should write back to them and ask them to stop sending them or you will report them to either consumer affairs or the police.
of course if you owe the money you could allways pay it back

Cheetah7

Thats it, Centurion.

Pollyana

Yep, he posted a lot on the subject as well

kellz

I know that when she arrived, she was paying the card off. But things happened and it got hard for her, very hard. She doesn't have the money they are demanding and certainly not in the time frame.

I am really not a great help to her because I don't understand it at all. what is a civil debt? no idea....how can a debt from uk be sold to aus DCA...no idea. Wish I had a bit of a financial/debt busting brain

Jilliebee

I've just read on another forum that states that it is against the law for a DCA to threaten anyone with an action they cannot legally take. So the letter your friend got threatening her with court action should be reported to the ombudsman.

Might be worth a phone call x