Overseas debt chased through UK solicitor?

worriedman68

Hi,
Dont know what to do. I am be chased for a debt of AU$2000 on a credit card I overlooked when living in Australia over 6 years ago, looks like debt has been sold Credit Corp Services PTY LTD. Who have in turn contacted a UK solicitor to harass me and threaten legal proceedings if I dont pay. Is this legal?? Any Help or Advice Welcome.

inmypocketnottheirs

I would just politely tell the solicitor that you do not have any knowledge of the debt. Also remind him that under UK law, the Statute of Limitations Act means that debts over six years old can not be actioned in Court. Therefore all their threats are meaningless. UK Courts can not act under Australian jurisdiction. If the Australian company wants to take legal action then they will have to sue you in Australia.

Sounds to me like a try on.

worriedman68

Thanks inmypocketsnottheirs,
I will call tomorrow and instruct them on the error of their ways.
Silly question, but can they ( the solicitors ) do anything to affect my credit file??

Tixy

If there is no UK credit agreement (which there obviously isn't) then they have no right to report to UK credit ref agencies (that said it might be worth checking in a month or so)

worriedman68

Thankyou Guys and Gals,
I should now be able to get abit of sleep and tackle it tomorrow.
Great site keep up the good work!!

GeorgeUK

Got curious and did a quick search.
Have a look at page 7
http://docs.google.com/viewer?a=v&q=cache:rjAqFnOrzEcJ:www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/statute_barred_debts_report.pdf/%24file/statute_barred_debts_report.pdf+australia+debt+statute+barred&hl=en&gl=uk&pid=bl&srcid=ADGEESjOvTf6kDs4tYOzERvNqDZjj-_A6i2DaMMAbD9-ejjmD-GDrDS9pYiVI_T_ul7hvG8bhyAYcKMdby58TcrN5Zem87sSZVjzBzhSoFIolPkoYO-VaBD8d8yGMvd3TxSHCkYMa4nC&sig=AHIEtbRPYNenWfhGK59zlD8OY2IK4dSkQw

It looks like the debt would be statute barred under Australian legislation if you ever went back there.

worriedman68

Dont know how you find all these things,
Your amazing!!!!
Thanks again keep you posted..

worriedman68

I just had a thought, how did they ( the solicitors ) get my address even though they got an address I havent lived at for over 12 months and the post was forwarded to me?

GeorgeUK

If you have applied for credit or a mobile phone, something that requires a credit check, this would be put on your credit file and the address woudl be amended. They may have found you through that - or possibly via the electoral roll which also affects your credit record - if you're not on the roll you should be as it can have a big impact on your credit score.

worriedman68

Thanks for all the great posts,
just to clarify even if the debt is not statute barred can a UK solicitor take any action against me?? Any help again most welcome..

worriedman68

hi again, told them I had no knowledge of this debt and had never had anything previously about it, but have been told by solicitors that there client is Credit corp and that are able to take me to court if needed on there behalf??
they are also clarifying if the debt is statute barred, she doesnt seem to think that it is?? Any More Clues??