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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received a couple of letters form CCI legal servies

Resolved Question:

I have received a couple of letters form CCI legal servies limited chasing a debt (unpaid credit card) from New Zealand, I stopped paying my credit card bill in 2006. CCI legal has emailed my companies address not by personal address, and have re sent a letter back from 21 Nov 2013 stating they can issue a county court judgement against me here in the UK.

I want to know if they are just fishing, when the debt expires and what can be raised against me here in the UK, and should I take any action, or ignore it completely?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : When did you last pay and have you admitted the debt please?
Customer:

Hi Alex,

Customer:

Great to hear from you.

Customer:

I don't have bank statements going back that far from the NZ accounts. As far as I can tell, I took the credit card out just before leaving NZ (Oct 06) and used it over the following year or so. I may have made paid payments over that year, but can't be sure without accessing my bank in NZ when the last payment was. I'm not sure whether it's a good idea to access my bank and do that. I have never heard from ANZ (my NZ Bank) about the debt, until now. and I haven't responded to either of the two letters they have now sent me. Considering that they have sent the letters to my company's registered address, they are just using publicly available information. so no I haven't admitted the debt to anyone.

Customer:

do you need to know when the last payment was? as finding that information out would be difficult, but i would say that I stopped making payments, if I made any at all, in mid 2007

Alex Watts :

If you have not made any payments then in any event they can not get a CCJ in the UK.

Alex Watts :

They would need to issue proceedings here in the UK and I imagine the agreement for the credit card states it is governed by NZ law.

Alex Watts :

In any event it would be better if they issued proceedings here in the UK.

Alex Watts :

This is because if you have not made payment or admitted the debt within 6 years then it becomes statute barred under the Limitation Act 1980

Alex Watts :

That means they can not issue proceedings because they are out of time.

Alex Watts :

So I really would ask them to issue proceedings here - it would fail.

Alex Watts :

But they can't get a CCJ here if the agreement states for the card it was covered by NZ law

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks Alex, just to clarify what your advice is. To write to them asking to issue proceedings here in the UK? And to write to CCI Legal or to ANZ, the bank in NZ?

Alex Watts :

CCI Legal.

Alex Watts :

And yes you are correct

Alex Watts :

Does this help?

Customer:

OK thank you Alex.

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