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Demand from HFO Services

Is there a template to send a letter to a DCA demanding money from a discharged bankrupt? I got my AD over a year ago and have just started my cleanup. I have sent letters to everyone on my experian credit check but this lot must be on equifax or another one. Its from HFO services and it says they have checked and I am now able to contribute to the outstanding debt. They also said that my bankruptcy is awaiting confirmation and they have contacted me several times (all rubbish first I have heard from them). Worse they have sent it to my mother's address and said they will send round court appointed baillifs. It also said that if my financial situation is better than what I represented, the court might consider taking stern action against you????? They also want an order to obtain information against me??
I know this is all pish as I never was represented in court. I went bankrupt through the Scottish LiLa route and did not own a home, car or a pot to !!!! in at the time. This was all over two years ago. I would love a good letter to send off to them :D

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Stop chasing letter.............
    Your Address

    Date:

    Creditors Address.


    NOTICE: Pursuit of a debt included in a bankruptcy. Do not ignore this letter. You must cease collection activity IMMEDIATELY.

    Dear Sir/Madam

    Account No: 4563210025897412

    You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

    I would point out that the account was included in my bankruptcy which commenced on <date>.

    Consequently, the debt in question is no longer my legal responsibility.

    ALL contacts and claims regarding the debt MUST be addressed to the Accountant In Bankruptcy/trustee's Office dealing with the case.

    My case was XXX of 200X, at <somewhere> Court, and the address of the Accountant in Bankruptcy/Trustee is below.

    <Address of the AIB/trustee.
    >

    A copy of the bankruptcy order is enclosed for your convenience.

    Please note that the Accountant In Bankruptcy/trustee has requested that all future contact from your company regarding these accounts is reported and forwarded to themselves, and that continued contact with myself may result in Accountant In Bankruptcy/trustee taking enforcement actions against your organisation.

    Please also note that we are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when the debt is not due.

    In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

    Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

    In addition, your continued telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office.

    This type of debt collection method is contrary to the Consumer Protection from Unfair Trading Regulations 2008, in that it is intended to cause alarm and distress to the recipient.

    Your methods will not be tolerated.

    A formal complaint will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

    Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

    We await your written confirmation that this matter is now closed.

    We look forward to your reply.

    Yours faithfully





    Mr A N Other
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    irnbrusue wrote: »
    Its from HFO services and it says they have checked and I am now able to contribute to the outstanding debt.

    Doesn't matter if your position is better.

    The debt has been written off.
    irnbrusue wrote: »
    They also said that my bankruptcy is awaiting confirmation and they have contacted me several times (all rubbish first I have heard from them).

    Standard crap from HFO.
    irnbrusue wrote: »
    Worse they have sent it to my mother's address and said they will send round court appointed baillifs.

    Not without a court order, which they can't possibly get if the debt is covered by the bankruptcy.
    irnbrusue wrote: »
    It also said that if my financial situation is better than what I represented, the court might consider taking stern action against you?????

    Bollux.
    irnbrusue wrote: »
    They also want an order to obtain information against me??

    Again, not without a court order on the debt, which they can't get.

    Typical half truths and outright lies from HFO.

    Forward it with a complaint to the AIB/trustee, or whoever was dealing with your bankruptcy case.

    You can also complain to the OFT, consumer direct, their local trading standards office etc.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • irnbrusue
    irnbrusue Posts: 15 Forumite
    Ninth Anniversary First Post Combo Breaker
    Thank you that was just the thing I was looking for. I am heading into uni right now to print it out as my printer has ran out of ink - yes my position has dramatically improved since bankruptcy. I am now a full time student and ink is a luxury!
    I have a feeling HFO did contact me right after my bankruptcy and I sent them a copy of it. It was two years ago so I am not sure. Will follow up on the letter though and complain about it with the AIB.
    Once again thank you!
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