Robinson Way

Elle43 wrote: »

Could someone please help.

I have been getting lots of letters by this company which I have been told by others that they are a debt collecting agency. I have no debts, all old debts I had were included in my bankrupsy over 12 years ago.

I have, over the years managed to rebuild my credit rating and is now classed as excellent. I have no loans, credit cards or hp.

How can I stop these people harrassing me because they are really annoying me now. I have not contacted this company. What do I do???

I'd either ignore, return unopened or write a very strong worded letter that if they continue to ask for money by demand that you will take legal action & charge them via invoice for each reply you make. Also, ask them to show you proof of all the debts you allegedly have with them including dates etc. Let them waste loads of time & their money doing that & should they actually produce anything you can trump it as it were by stating that the debts are not yours. They can threaten court action etc but so long as you know you've got all the alleged debts in the bankruptcy & have a certificate they are stuffed.

Hi..

It may be worth just checking all three credit reference agencies, to see if anything [such as a default?] have suddenly appeared?

The DCA is probably fishing through a load of old debts purchased by others....?

A careful watch needs to be kept on the post, just in case the DCA lodges a claim with the Court?

This is usually done online [to eliminate admin costs]....the Court that deals with online claims is Northampton County Court.

Unfortunately one is best advised to respond to Court papers......however, the Bankruptcy is the ultimate defence against any claim [that originates pre-BR]....

In the Court papers will be a section that can be used to inform the Court of the nature of the defence.

To save your own admin costs, the defence response can be sent to the Court, online as well. A special format is set up for you in this instance, so that progress of the Claim can be undertaken.

Once in receipt of your irrefutable defence, the Court informs the Claimant [that they have no chance].

The Claimant is then obliged to either inform you that they are not proceeding any further with their Claim.....or, they can continue, and it all goes to Court.

The Northampton Court would, in the latter case, inform you that the case is being pursued,and will ask which Court is most convenient for you to attend?

Of course, [easier if you have retained your bankruptcy petition...which should be kept, like all Divorce papers...as legal documents], you still have the ultimate defence.......so you either send the documents [or, other proof/evidence]..directly to the Court [quoting the case number], and allow the Court to pee on the Claimant's bonfire...or....just for fun, attend yourself with the evidence.

THE ABOVE IS IMPORTANT... do not ignore either the online,or the physical, Claim and Court procedures.

The reason is...even though the Claim will be set aside in any event...if there is no response or Defence, then the Courts will grant the Claim......initially.

You would then have a CCJ against you....and this gets recorded on your credit records.

To have them removed as incorrect [Set Aside]....you yourself have to apply to the Court that issued the CCJ, petition to have the CCJ set aside, [because of the BR petition].....and this will cost you a Court fee!

Also, once the CCJ is recorded, the record will show the amount as 'not settled'.....despite the Bankruptcy....since the claim is a Court record [not a Creditor record], the Court cannot show the amount as 'settled' [or whatever] because, legally, that is not the case.

So, ignoring Court letters can involve lots of inconvenience and expense.


Now.......with the initial Court letter, [from Northampton County Court], will be a form for you to lodge a Counter Claim, should you so wish.

This part is important for you to complete, should you wish to respond to the Claim in writing.

For, on this form, you are able to make a Claim against the DCA for Costs and Expenditure defending against their Claim.

This can run to a significant amount......[try claiming the same amounts as a Solicitor might charge, for example?}....now, if the Claim proceeds to your Local Court, take a day off work, attend, and make your claim for Costs worthwhile?

After all, before the Claim ever gets to Court, the Claimant [the DCA] should have taken reasonable steps to see if a Bankruptcy Order was already in place....records of such are in the Public Domain.....?

I'm sure the Courts do not take kindly to having to do the DCA's dirty work for them?

But, because many of these Claims are actually automated, they get through the system.

So.....as hopefully I have shown, DCAs can use the online Claims system to create a gross inconvenience for ex-debtors who have a Bankruptcy petition to fall back on.

What I recommend is, not dealing directly with a DCA or their solicitors.

They are relying on you, and the Court, to save them time & trouble doing their homework properly.

If it happens to me again, I might be tempted to encourage the Claim to proceed to my local Court, and attend.

Then I will Counter Claim for costs......and make the DCA [or their solicitors] pay through the nose for the privilege.


This is perhaps one advantage of Bankruptcies remaining on Public Record in perpetuity?

[Despite what we feel, as being an unfair situation?]

Bankruptcy is nothing to be ashamed of.

But, DCAs rather rely on that aspect.