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  • FIRST POST
    • pb1973
    • By pb1973 17th May 17, 7:01 PM
    • 1Posts
    • 0Thanks
    pb1973
    Debt Collector Visit Following Discharge
    • #1
    • 17th May 17, 7:01 PM
    Debt Collector Visit Following Discharge 17th May 17 at 7:01 PM
    Hi there.
    First of all, thanks so much to everyone here who helped with advice and support before during and after my bankruptcy.

    It's been 6 months since I was discharged and whilst the 12 months before it have changed everything forever, life is starting to become more settled again, but very, very different.

    I have though had a visit today at home from a Debt Recovery Agent on behalf of a creditor.

    The debt occurred prior to my bankruptcy. The creditor, a private individual, not a company claims it is against me personally.

    I have told the recovery agent who called that I was made bankrupt after the debt occurred and that I have since been discharged.

    He's asked me to email the bankruptcy order which I have done, but he is saying that someone may well call again and that the debt will have to be resolved one way or the other.

    What should I do?

    Thanks in advance.
Page 1
    • Mouse007
    • By Mouse007 18th May 17, 12:07 AM
    • 97 Posts
    • 55 Thanks
    Mouse007
    • #2
    • 18th May 17, 12:07 AM
    • #2
    • 18th May 17, 12:07 AM
    Debt recovery agents have no authority or power to do anything. They’re muppets not bailiffs.

    In the midlands they have an expression, bog off. The rest of us use English, tell them in English to bog off.

    Alternatively you could tell him that your OR will pay up, give them their details and forget it.
    • TakeAwayKing
    • By TakeAwayKing 18th May 17, 1:07 PM
    • 105 Posts
    • 51 Thanks
    TakeAwayKing
    • #3
    • 18th May 17, 1:07 PM
    • #3
    • 18th May 17, 1:07 PM
    Unhelpful if the "the debt will have to be resolved one way or another" implies they will not go quietly armed with a Court Order. And I wouldn't recommend lying to them either about the OR paying them.

    Who are the DRA?
    • LincsPaul
    • By LincsPaul 18th May 17, 1:21 PM
    • 70 Posts
    • 24 Thanks
    LincsPaul
    • #4
    • 18th May 17, 1:21 PM
    • #4
    • 18th May 17, 1:21 PM
    Was the debt included in your bankruptcy at the beginning? If not, it is possible to have it included retrospectively but you will need to speak to the OR and that is by no means guaranteed. This is probably why the agency are seeking resolution. See https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/bankruptcy-2/after-you-go-bankrupt/creditors-still-chasing-you-after-you-go-bankrupt/

    Good luck!
  • National Debtline
    • #5
    • 18th May 17, 1:34 PM
    • #5
    • 18th May 17, 1:34 PM
    Hi pb1973

    Can I first ask what type of debt this was? There are certain types of debts that cannot be included in bankruptcy, like a student loan or magistrates’ court fine.

    Assuming it was a debt that could be included in bankruptcy you can still include it now, as long as you were liable for it prior to the BO being made. Providing the bankruptcy order details to the DCA is likely to be sufficient to stop them contacting you, but you must also contact your OR’s office and inform them there is an additional debt which may not have been included in the bankruptcy application.

    If the DCA continues to pursue you after proof of the BO has been provided you will have grounds to make a complaint.

    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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