Letters from Creditors after Bankruptcy

sweedart1

Hi There,

Havent been on for a while, but this site was my sanity when i was going through bankruptcy in 2007.

Today i received a letter from The Abbey as well as a debit collection agency demanding £13,345, but that was part of my bankruptcy back in may 2007. Can anyone give me advice on what to do next. Should i phone the bank, or debit agency? Should i call my OR office even though i was discharged last year? I really dont know what to do..Any help would be appreciated.

Thank you xxx

Broken_hearted

Send a letter with Br details.

EMMACAT

I WAS MADE BANKRUPT IN 2006 DISCHARGE IN 2007
i too had first a letter mine was from "CAPQUEST DEBT COLLECTOR BULLIES" on tuesday saying abbey had sold my debt to them (THIS WAS INCLUDED IN MY BANKRUPTCY). demanding payment? then the next day i got a letter from "abbey" saying they had sold my debt to CQ. the letter does not look authenic and i have sent both to the OR who dealt with my case.. also sent a complaint to office of fair trading .
after reading some of the posts on this site it seems this is the norm this week.
ill let you know how i get on. but i am not contacting the debt collecting agents as once they have you concerned ? they then pursue you with shameless illegal harrasement!!
emmacat :mad:

fermi

Maybe...........

And have a word with your OR.

Your Address

Date:

Creditors 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 Consumer Protection from Unfair Trading Regulations 2008, in that it is intended to cause alarm and distress to the recipient.

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

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





Mr A N Other

EMMACAT

thanks fermi

you kinda get addicted to reading these forums as its nice to get feedback from actual people who have been through the same.
(im off work and woz going to do the spring clean thing ).then got the dreaded letters which threw me big time ! so worried then came across this site.godsend.
lots have people have sound advice
im going to use your wording if you dont mind and send a letter to capquest.
my draft letter woz c*ap
thanks
emmacat

fermi

EMMACAT wrote: »

im going to use your wording if you dont mind and send a letter to capquest.

No probs. I've pinched a fair proportion of that from other letter anyway. :D

rog2

EMMACAT wrote: »

i too had first a letter mine was from "CAPQUEST DEBT COLLECTOR BULLIES" on tuesday saying abbey had sold my debt to them (THIS WAS INCLUDED IN MY BANKRUPTCY). demanding payment?

Wouldn't even have mattered if you had not included the debt in your Bankruptcy, emma, as, with very few exceptions ALL of your debts, up to the exact time that your bankruptcy was declared, would have been included in your Bankruptcy - whether you had declared them or not.

Great letter, fermi - as always.

sweedart1

Thanks everyone, mine is also from Capquest. The letter written by fermi is great!!

rog2

sweedart1 wrote: »

mine is also from Capquest.

CRAPQUEST :mad: - says it all. :huh: :huh:

sweedart1

lol......:rotfl: