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  • FIRST POST
    • SebastianMezato
    • By SebastianMezato 21st Aug 17, 5:47 PM
    • 5Posts
    • 0Thanks
    SebastianMezato
    Still being asked for money after Bankruptcy
    • #1
    • 21st Aug 17, 5:47 PM
    Still being asked for money after Bankruptcy 21st Aug 17 at 5:47 PM
    Hi,

    I was hoping someone might be able to suggest a course of action for me. I was declaired bankrupt approx 11 years ago. All my debt went into it. I was discharged 5 years later and have been happily going about building my credit up again and making sure i stay on the stright an narrow.

    However i recently got access to a very old email account i thought i had lost, and in it was a bunch of spam mail from an online auction site who shall remain nameless.....

    I managed to reset my password and log in, the idea being to delete the account and remove my information. However it still demaning a payment from me from back when i was bankrupt.

    I contacted thier support who advised that they recieved the bankruptcy order and wrote of the debt, however if i wanted to delete the account i would have to pay the full outstanding amount?

    This cant be right surley? I emailed thier legal team and explained the situation but so far they have completly ignored me.

    Thier last invoice dated to me was 2010, nearly 8 years ago.

    Im pretty sure that i could contact the official reciver about this, or even the financial obudsman but to be honest im pretty angry and want to sue.

    As im disabled i cannot work and cant really afford a lawywer or solicitor, does anyone have any advice?
Page 1
    • VeryInTheRed
    • By VeryInTheRed 21st Aug 17, 6:00 PM
    • 61 Posts
    • 41 Thanks
    VeryInTheRed
    • #2
    • 21st Aug 17, 6:00 PM
    • #2
    • 21st Aug 17, 6:00 PM
    What would you sue them for?

    Not particularly helpful I know - jus curious...
    • sourcrates
    • By sourcrates 21st Aug 17, 6:14 PM
    • 12,419 Posts
    • 11,820 Thanks
    sourcrates
    • #3
    • 21st Aug 17, 6:14 PM
    • #3
    • 21st Aug 17, 6:14 PM
    Sorry, what exactly is the problem again ?

    You dont really need to respond to email demands for payment, they will of been automated anyway.

    You are not liable for the debt because (A) it would of been covered by your bankruptcy,

    and (B) it would be statute barred now anyway.


    Just forget about the account and move on,
    Last edited by sourcrates; 21-08-2017 at 6:17 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • SebastianMezato
    • By SebastianMezato 21st Aug 17, 6:22 PM
    • 5 Posts
    • 0 Thanks
    SebastianMezato
    • #4
    • 21st Aug 17, 6:22 PM
    • #4
    • 21st Aug 17, 6:22 PM
    You can call me crazy if you like but I really don't like companies holding personal information on me if there is no need for it. I had a really nasty experience a few years ago when my personal information was obtained by a troll who harassed me for months. As a result, i try to ensure that my personal information is not being used in a way that is easily accessible to people who do not require it.

    In this instance, the site has no legal obligation to hold on my information, not even for financial records as it was resolved over 8 years ago and the legal obligation for financial data retention is 6 years.

    Why would I want to sue? Honestly, id prefers not to, i really would, but im genuinely fed up with these companies thinking they can do as they please with no repercussions.
    • sourcrates
    • By sourcrates 21st Aug 17, 6:37 PM
    • 12,419 Posts
    • 11,820 Thanks
    sourcrates
    • #5
    • 21st Aug 17, 6:37 PM
    • #5
    • 21st Aug 17, 6:37 PM
    Only you can access the account though, had a similar post from someone this morning.

    You are covered by the data protection act, although i understand your concerns, i think your information is safe, if you read the terms and conditions usually under "how we use your data" you will see they actually own the data, not you, you consent to this by use of there site.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • SebastianMezato
    • By SebastianMezato 21st Aug 17, 6:58 PM
    • 5 Posts
    • 0 Thanks
    SebastianMezato
    • #6
    • 21st Aug 17, 6:58 PM
    • #6
    • 21st Aug 17, 6:58 PM
    I have sent them a formal legal request to have my information removed, which as I understand is within an individual's rights under the EU right to erasure law.

    However, despite being given this request they are still demanding payment of the previous debt to have the information removed. I'm 100% certain that this is illegal, they just simply don't care.

    If they had just removed the account and information I would have been happy, but they seem to think they are above the law and untouchable.
    • tempus_fugit
    • By tempus_fugit 22nd Aug 17, 1:04 AM
    • 291 Posts
    • 282 Thanks
    tempus_fugit
    • #7
    • 22nd Aug 17, 1:04 AM
    • #7
    • 22nd Aug 17, 1:04 AM
    You can call me crazy if you like but I really don't like companies holding personal information on me if there is no need for it. I had a really nasty experience a few years ago when my personal information was obtained by a troll who harassed me for months. As a result, i try to ensure that my personal information is not being used in a way that is easily accessible to people who do not require it.

    In this instance, the site has no legal obligation to hold on my information, not even for financial records as it was resolved over 8 years ago and the legal obligation for financial data retention is 6 years.

    Why would I want to sue? Honestly, id prefers not to, i really would, but im genuinely fed up with these companies thinking they can do as they please with no repercussions.
    Originally posted by SebastianMezato
    No, what would you sue them for? What financial loss has been caused by this? If you sue, you sue for damages in compensation for your financial loss.
    Retired at age 56 after having "light bulb moment" due to reading MSE and it's forums. Have been converted to the "budget to zero" concept and use YNAB for all monthly budgeting and long term goals.
    • diggingdude
    • By diggingdude 24th Aug 17, 9:13 PM
    • 45 Posts
    • 52 Thanks
    diggingdude
    • #8
    • 24th Aug 17, 9:13 PM
    • #8
    • 24th Aug 17, 9:13 PM
    I would hope if you won damages then you would pay them back to the creditors you didn't pay in the first place? Think you need to move on
    • SebastianMezato
    • By SebastianMezato 5th Sep 17, 6:38 PM
    • 5 Posts
    • 0 Thanks
    SebastianMezato
    • #9
    • 5th Sep 17, 6:38 PM
    More Information
    • #9
    • 5th Sep 17, 6:38 PM
    Hi All,
    I apologies as i dont think i explained the issue clearly in the first instance.

    The company in question are still demanding money from me for a debt that was included in a bankruptcy approx 11 years ago.

    The reason i want to sue is they did not adhere to the Official Receiver's request after the hearing from the Crown Court. Instead they kept the debt live, never chasing it but keeping it as a live outstanding balance on my credit report for over a decade.

    As a rule i never use credit facilities, Ever. Not since my bankruptcy. The only exception being a mobile phone contract and my landline.

    As this has been on my report for so long as "UNPAID" it has made a massive black mark that should never have been there. Hence the the damages they have caused and compensation being requested.

    Despite all this i have spoken to the Information Commissioner's Office, The Citizens Advice Bureau and The Financial Ombudsman. All 3 have advised that the company in question has broken multiple data protection laws and unless they adhere to the request sent to them it will go to court.

    I think the confusion regarding this issue is that some people believe the data protection act is just there to make sure your information is not stolen. This is incorrect.

    The data protection act covers EVERY aspect of how a company holds/uses/processes your information. In this instance the company has broken the following regulations and laws.

    1. Ignored an official order form Her Majesty's Court.
    2. Kept data well beyond any need for it.
    3. Made no attempt to check and see if the data was still relevant.
    4. Refused a formal legal request to have the information removed multiple times.
    3. Caused substantial financial damage to an individual's credit history.

    I understand that to some people this may seem like a petty issue, and that's fine, everyone is entitled to their opinions.

    Either way the outcome at the moment is they have 4 weeks left to correct this whole mess with reasonable compensation. If they fail to do this It will go to court with the backing and support of the Financial Ombudsman and Information Commissioners Office.

    I did think about providing some additional information here about data protection, and how to help protect yourself, but there is far far too much information to cover in a single post.

    Anyway i hope this has cleared up some of the issues for you. Again i apologize if did not describe the problem clearly the first time round, i just thought it best to provide an update.
    • Mouse007
    • By Mouse007 5th Sep 17, 10:42 PM
    • 97 Posts
    • 55 Thanks
    Mouse007
    3. Caused substantial financial damage to an individual's credit history.
    Originally posted by SebastianMezato
    This bit, how much in £ ?
    • tempus_fugit
    • By tempus_fugit 6th Sep 17, 12:24 AM
    • 291 Posts
    • 282 Thanks
    tempus_fugit
    Hi All,
    I apologies as i dont think i explained the issue clearly in the first instance.

    The company in question are still demanding money from me for a debt that was included in a bankruptcy approx 11 years ago.

    The reason i want to sue is they did not adhere to the Official Receiver's request after the hearing from the Crown Court. Instead they kept the debt live, never chasing it but keeping it as a live outstanding balance on my credit report for over a decade.

    As a rule i never use credit facilities, Ever. Not since my bankruptcy. The only exception being a mobile phone contract and my landline.

    As this has been on my report for so long as "UNPAID" it has made a massive black mark that should never have been there. Hence the the damages they have caused and compensation being requested.

    Despite all this i have spoken to the Information Commissioner's Office, The Citizens Advice Bureau and The Financial Ombudsman. All 3 have advised that the company in question has broken multiple data protection laws and unless they adhere to the request sent to them it will go to court.

    I think the confusion regarding this issue is that some people believe the data protection act is just there to make sure your information is not stolen. This is incorrect.

    The data protection act covers EVERY aspect of how a company holds/uses/processes your information. In this instance the company has broken the following regulations and laws.

    1. Ignored an official order form Her Majesty's Court.
    2. Kept data well beyond any need for it.
    3. Made no attempt to check and see if the data was still relevant.
    4. Refused a formal legal request to have the information removed multiple times.
    3. Caused substantial financial damage to an individual's credit history.

    I understand that to some people this may seem like a petty issue, and that's fine, everyone is entitled to their opinions.

    Either way the outcome at the moment is they have 4 weeks left to correct this whole mess with reasonable compensation. If they fail to do this It will go to court with the backing and support of the Financial Ombudsman and Information Commissioners Office.

    I did think about providing some additional information here about data protection, and how to help protect yourself, but there is far far too much information to cover in a single post.

    Anyway i hope this has cleared up some of the issues for you. Again i apologize if did not describe the problem clearly the first time round, i just thought it best to provide an update.
    Originally posted by SebastianMezato
    I will be interested to see how this progresses, so please keep us up to date if you can.
    Retired at age 56 after having "light bulb moment" due to reading MSE and it's forums. Have been converted to the "budget to zero" concept and use YNAB for all monthly budgeting and long term goals.
    • KellyMM
    • By KellyMM 6th Sep 17, 8:17 PM
    • 16 Posts
    • 1 Thanks
    KellyMM
    If this is the auction site I'm thinking of (the big one which begins with an E) then I am having the same thing. An invoice every month despite them saying they would stop. It was a measly amount too, but too late to pay it now.

    I wrote to them as soon as I went BR and they said:

    We have updated your account with your bankruptcy details. Though exxx
    will not attempt to collect the balance due, it does not mean the debt
    is forgiven. Because your exxx account was suspended prior to the date
    you filed for bankruptcy exxx isn't required to reinstate the account.
    As a whole, exxx has made the business decision that in these situations
    the account will remain indefinitely suspended. I am sorry that we won't
    be able to reinstate your account nor to delete it.

    In accordance with the bankruptcy stay, exxx will have any payment
    reminders stopped. The process can take between 24-72 hours to be
    completed, please disregard any reminders you may receive during this
    time. You may continue to receive account status updates and invoice
    availability notices; both of which may suggest you make a payment, but
    the debt collection reminders will stop.

    Since bankruptcy is a complicated business, if you have specific
    questions or concerns regarding the bankruptcy law, its protections and
    your responsibilities, I would recommend you confer with your bankruptcy
    attorney. Our team is unable to provide further assistance on this matter


    Their response seems very Americanised and I'm not sure they actually listened to anything I said re. the Data Protection Act. I am not discharged yet and now worried this debt might remain on file forever!
    • fwor
    • By fwor 6th Sep 17, 10:24 PM
    • 5,885 Posts
    • 3,927 Thanks
    fwor
    I've never had any need to investigate this, but the company in question uses a privacy policy that is managed from the US (hence the Americanised response), and is apparently the same for all territories where they operate.

    If you look at their Privacy Policy you will see that they employ the services of an independent third party dispute resolution provider. It may be worth contacting them.
    • SebastianMezato
    • By SebastianMezato 7th Sep 17, 1:52 AM
    • 5 Posts
    • 0 Thanks
    SebastianMezato
    If this is the auction site I'm thinking of (the big one which begins with an E) then I am having the same thing. An invoice every month despite them saying they would stop. It was a measly amount too, but too late to pay it now.

    I wrote to them as soon as I went BR and they said:

    We have updated your account with your bankruptcy details. Though exxx
    will not attempt to collect the balance due, it does not mean the debt
    is forgiven. Because your exxx account was suspended prior to the date
    you filed for bankruptcy exxx isn't required to reinstate the account.
    As a whole, exxx has made the business decision that in these situations
    the account will remain indefinitely suspended. I am sorry that we won't
    be able to reinstate your account nor to delete it.

    In accordance with the bankruptcy stay, exxx will have any payment
    reminders stopped. The process can take between 24-72 hours to be
    completed, please disregard any reminders you may receive during this
    time. You may continue to receive account status updates and invoice
    availability notices; both of which may suggest you make a payment, but
    the debt collection reminders will stop.

    Since bankruptcy is a complicated business, if you have specific
    questions or concerns regarding the bankruptcy law, its protections and
    your responsibilities, I would recommend you confer with your bankruptcy
    attorney. Our team is unable to provide further assistance on this matter


    Their response seems very Americanised and I'm not sure they actually listened to anything I said re. the Data Protection Act. I am not discharged yet and now worried this debt might remain on file forever!
    Originally posted by KellyMM
    Hi Kelly,

    Yes they can keep it all on file for a minimum of 6 years (the legal requirement for a business to hold financial records). Once you are discharged from bankruptcy (i think its 12 months after the initial hearing) all the previous debts will stay on your credit report for upto 7 years.

    After this time they are legally obliged to remove any and all information they have on you, and from your credit report. You can do this yourself by directly contacting the credit agencies and requesting an correction, only after the the minimum time is up.

    But the second you walk out of the court room, the company can no longer charge you, add fee's or make any attempt to collect the debt in any form. They are not even allowed to contact you until after you have been discharged. The only exception to this is to ensure their data is correct. If you are still being pestered with emails, calls or letters. call the Official Receiver at the court you went too. They will sort this out for you, and quickly

    Never let a company, regardless of how big, dictate how things work. Just because their systems does not "allow" them to do something, it doesn't mean that's the end of it. They are bound by laws like everyone else and whether their systems can or cant do something is irrelevant. The law is the law.

    Again the official receiver will help you with everything, just need to ask But if you feel a little overwhelmed you can always speak to your Citizens Advice Bureau. They are free and very very helpful
    Last edited by SebastianMezato; 07-09-2017 at 1:59 AM.
    • bewildered1
    • By bewildered1 7th Sep 17, 11:02 AM
    • 29 Posts
    • 15 Thanks
    bewildered1
    I believe all information will be expunged from your credit file 6 years from the date you are made bankrupt not 7 years after the date of discharge.
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