Chased after DRO
Hello,
I would appreciate some advice to put my mind at ease. After struggling with debt for over a decade, I was approved for a debt relief order last year. My moratorium period has elapsed, but I have received a letter from a debt collection agency asking for payment on one of the debts included in my order.
I phoned them and explained that I had been discharged from my DRO so no longer owe anything on the debt. The guy on the phone looked me up on the insolvency register and said he would pass my details onto their insolvency team who might call me back or write to me if they have any further questions. He seemed to be unaware that the debt was subject to a DRO. The debt was originally with Barclaycard and they seem to have passed it on to someone else without letting them know.
It's stressing me out because I thought I was free from having to speak to debt collectors now and I'm worried that this debt collector might object to the DRO as they didn't know about it. Can a creditor object to a DRO after the moratorium period has passed?
After getting through the moratorium I started to feel like the debts were finally behind me but this has brought back all the stress and anxiety I had before.
Am I right to be worried or am I worrying over nothing?
Thanks for any help you can offer!
I would appreciate some advice to put my mind at ease. After struggling with debt for over a decade, I was approved for a debt relief order last year. My moratorium period has elapsed, but I have received a letter from a debt collection agency asking for payment on one of the debts included in my order.
I phoned them and explained that I had been discharged from my DRO so no longer owe anything on the debt. The guy on the phone looked me up on the insolvency register and said he would pass my details onto their insolvency team who might call me back or write to me if they have any further questions. He seemed to be unaware that the debt was subject to a DRO. The debt was originally with Barclaycard and they seem to have passed it on to someone else without letting them know.
It's stressing me out because I thought I was free from having to speak to debt collectors now and I'm worried that this debt collector might object to the DRO as they didn't know about it. Can a creditor object to a DRO after the moratorium period has passed?
After getting through the moratorium I started to feel like the debts were finally behind me but this has brought back all the stress and anxiety I had before.
Am I right to be worried or am I worrying over nothing?
Thanks for any help you can offer!
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Comments
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Hi,
No need to worry about this, and no need to speak to debt collectors either, never ever ring a DCA, do everything in writing, that way they cannot influence you by telling you lies.
No a creditor cannot object once the monotorum period has ended, why would you think that ?
Your DRO is over, all included debts are now written off.
All the creditors that are listed in your DRO are legally bound by it. This means they're not allowed to chase you for debts covered by the DRO, and you're not allowed to make payments towards the debts, except for rent arrears and debts for which you have a controlled goods agreement. They're also not supposed to contact you directly about the DRO or the debts included in it.
If you're still being contacted by creditors who are asking you to pay debts in your DRO, send them a copy of the DRO. If you receive a phone call, politely remind them that the debt is included in a DRO and don't be drawn into any discussion about the debt.
They are going to be in trouble if they pursue this.
That's all you need to do.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
This is not unusual, your debt has probably been part of a batch of account sold on to a collection agency.
The sellers quite often don't update their systems correctly and the buyers start trying to collect based upon the information they have bought.
It is usually just a matter of passing on the information they need to update their systems correctly.0 -
sourcrates wrote: »No a creditor cannot object once the monotorum period has ended, why would you think that ?
Honestly, as corny as it sounds, it just seems too good to be true that the debt is finally behind me after all this time. I just keep expecting something to go wrong. I'm just a naturally anxious person I think.
This is not unusual, your debt has probably been part of a batch of account sold on to a collection agency.
The sellers quite often don't update their systems correctly and the buyers start trying to collect based upon the information they have bought.
It is usually just a matter of passing on the information they need to update their systems correctly.
Thanks so much both of you, you've really put my mind at ease. I didn't sleep very well last night, worked myself up into a proper worry over it all. I feel much better now. Thanks.0 -
Honestly, as corny as it sounds, it just seems too good to be true that the debt is finally behind me after all this time. I just keep expecting something to go wrong. I'm just a naturally anxious person I think.
Thanks so much both of you, you've really put my mind at ease. I didn't sleep very well last night, worked myself up into a proper worry over it all. I feel much better now. Thanks.
It's not too good to be true, its a legal form of insolvency that you have just completed, nothing to be taken lightly. Unfortunately post moratorium creditor contact is all too common, my personal opinion is that some try it just to try to get payment. Again my opinion is that it's not helped that the Insolvency Service don't send a confirmation email/letter to creditors/debtors at the end of the moratorium to confirm the DRO is finished. could be automated and if email is default option a relatively cheap solution to an issue. When I have had clients receive post moratorium contact from creditors i have advised raising a complaint with the original creditor, collector and insolvency service about this as someone between the 3 of them should be doing something to ensure this doesn't happen - and i reckon if the insolvency service received enough complaints about post moratorium contact they may implement a new process to prevent creditors doing this...0
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