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Pestered by creditors

I have been bankrupt 18months, have been discharged and still one of my creditors refuses to get the message. Barclays Partner Finance are the biggest bunch of idiots to come out of Glasgow since the Rangers fans who rioted in Manchester. The OR has sent them the paperwork 8 times but BPF refuse to aknowledge it as its not sent by recorded delivery, so they deny they have received it and carry on pushing for money. They obviously think Im going to be stupid enough to pay up
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Comments

  • DON79
    DON79 Posts: 3,842 Forumite
    oh dear, they are one of my creditors and I have to agree with you that they are absolute idiots. They sent me a statement today which shows them actually writing off my balance but then on the next line they have charged more interest and a default sum! so I still owe them a balance according to the statement! Can't wait til I start getting arrears letters about that! :rolleyes:

    It is upto your OR now to start taking some serious action against BPF for harassing you like this and it is within the OR's power to take action against them so I think you need to stress to your OR that something needs to be done because they are making you stressed!

    Hope it gets sorted soon.

    Donna :D
    BSC #215/No.1 Jan 09 Club
  • maxmycardagain
    maxmycardagain Posts: 5,853 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    find a solicitor, ask for a free inteview, your case is one of harrasment, the solicitor should do a letter for a very low fee, if they persist in hounding you and the solicitor will work on a no win no fee, ask if they will sue the creditor for your distress, etc.

    Or just save the demands, wait for your day in court (CCJ day) and go and see the idiots...
  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 June 2009 at 1:05PM
    Also time to get the OFT and Trading Standards involved as well me thinks!!

    ETA: this letter from Fermi is brilliant.


    icon1.gif
    send................

    Quote:
    Your Address

    Date:

    Creditor's Name
    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: *****************

    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 Official Receiver's Office dealing with the case.

    My case was XXX of 200X, at <somewhere> County Court, and the address of the Official Receiver is below.

    <Address of the OR.
    >

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

    Please note that the Official Receiver 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 Official Receiver 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 ‘Administration of Justice Act 1970’ 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



    A N Other

    obviously edit to suit.



    with thanks to fermi
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Barclays - to be more specific Barclaycard, through MERCERS - were a right pain in the rear end with me, too Gaz. :mad: :mad:
    They chased, wrote, phoned, even threatened home visits for months into my bankruptcy period. Even after my discharge they 'refused' to accept my bankruptcy :confused:
    I had given them my BR No., date of BR and even the address of the OR and my trustee.
    One very persistent caller, from Mercers, would even ask for my wife, rather than me. When I pointed out to him that the OFT considered it 'bad practise' to discuss my debts with a third party, he said that since they were 'getting nowhere with me' they would try every angle - he went on to tell me that 'everyone' says that they have been declared bankrupt just to get out of paying. :confused::confused:
    Barclaycard were one of my smallest creditors.

    Great letter from tiger and fermi. :T :T
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Gaz1971
    Gaz1971 Posts: 488 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Well they got a debt recovery firm onto me, they sent me a letter, so I called them and spoke to this guy who was able to look at the insolvency register and confirm I was BR, he said he would contact BPF and tell them. He called me back to say that some gruff Glaswegian at BPF told him that he didnt care what the register said, until they received paperwork from OR by recorded delivery, so I could prove they had received it, they were going to act like they know nothing about the BR and keep hounding me.
  • philnicandamy
    philnicandamy Posts: 15,685 Forumite
    10,000 Posts Combo Breaker
    well...speak to your OR & start a complaint against them rolling....if they ring again just put the phone down on them

    Its the only way..I had to do this with barclays a few years ago & eventually they got the message
    We all die. The goal isn't to live forever, the goal is to create something that will
  • Lost2
    Lost2 Posts: 15,650 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They don't like you to get away, I have had a statement off them last month with bank charges on it, but thats all :D
    Good Luck with Barclay's lets know how you get on
    Sealed Pot Number 018 🎄2009..£950.50 🎄2010..£256 🎄 2011..£526 🎄2012..£548.80 🎄2013...£758.88🎄2014...£510 🎄2015...£604.78 🎄2016...£704.50 🎄2017...£475 🎄2018...£1979.12 🎄2019...£408.88🎄2020...£1200.63...🎄2021…£588 🎄2022 £672… 🎄2023 £3,783.90 🎄2024…£3,882.57🎄2025…£4083.🎄2026
  • Bethankim
    Bethankim Posts: 1,030 Forumite
    Mt bank account was with barclacys owed them 3K, they rang on Monday refusing to accent the bancruptcy even though ive given them everything i have to, number etc.

    I was told that they havent recieved the paper work and i had to go into branch give them a copy to prove it...i said i dont have todo anything you have my OR's details..your not allowed to contact me, i was told we will ri g again in 2 weeks...

    go for it, i said i would nolonger go through security questions, and was told i wasmaking things difficult for myself...errr no you dimwit...I feel i may play awkward now :D:D:D:D
    BR 2nd April 2009
    Feel the fear and do it anyway!




  • choc_chip
    choc_chip Posts: 10 Forumite
    I haven't dared answer the phone yet to tell barclaycard I'm now BR as of Monday. They ring me at least 8 times a day on my mobile, normally get about three texts a day and goodness knows how many home phone calls, cos I switched it off. Was beginning to think I was the only one who owed them money, the amount of times they were contacting me!
    Based on ur experiences, I think I'll just keep ignoring them.
  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    rog2 wrote: »
    Barclays - to be more specific Barclaycard, through MERCERS - were a right pain in the rear end with me, too Gaz. :mad: :mad:
    They chased, wrote, phoned, even threatened home visits for months into my bankruptcy period. Even after my discharge they 'refused' to accept my bankruptcy :confused:
    I had given them my BR No., date of BR and even the address of the OR and my trustee.
    One very persistent caller, from Mercers, would even ask for my wife, rather than me. When I pointed out to him that the OFT considered it 'bad practise' to discuss my debts with a third party, he said that since they were 'getting nowhere with me' they would try every angle - he went on to tell me that 'everyone' says that they have been declared bankrupt just to get out of paying. :confused::confused:
    Barclaycard were one of my smallest creditors.

    Great letter from tiger and fermi. :T :T

    Nowt to do with me :D. I saw the fantastic and fantabulous Fermi had posted it on another thread and thought 'ooooh! that's a darn, good letter I have big suspicions that this will crop up a zillion times in the future, me thinks I will nab that and store it and produce it when needed :rotfl:'

    Seems my suspisions were right :D
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
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