2nd mortgage company demanding outstanding debt!

DD1966

Hi all,
My OH and myself have been discharged from bankruptcy (myself for 2yrs 7 mths, OH 2 yrs). We had a secured loan on our property which we no longer have as was repossessed. We have been getting letters on a monthly basis for around 9 months now from the secured loan company demanding outstanding debt they say we owe, which we don't as it was listed in our bankruptcy petition.
It got to the point where I contacted RTLU and explained the situation to them, they asked that we send all letters from the mortgage company to them, which we duly sent. Had a letter back from them a week later explaining that they had been in touch with the mortgage company and told them we were not liable for the debt. We thought that this would be the end of the matter, but yet again we have had another letter form the mortgage company demanding the outstanding debt!
We are at our witts end. What do we do to stop these morons from sending these letters? RTLU said to just ignore the letters, but as long as they keep sending them, they beleive we still owe them money!!

tigerfeet2006

Fire this letter off to them, send it recorded so you can track it and know it has arrived and been signed for.

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


with thanks to fermi who posted this in another thread. Obviously edit to suit you.

Carry on sending all corresspondance to RTLU to deal with and don't worry about them.

fermi

Maybe also include a copy of that letter from the OR that states you are not liable?

But any further letters, don't worry and pass to the OR.

The OR has told the lender, so if they want to play "dumb" and waste their time then it's their problem.

skylight

Fire off the letter.

Then don't worry about it. As you are not liable for the debt, this contact from them is more an annoyance; please do not waste your time getting stressed over it. There is nothing they can do to you. Nothing at all. Ignore them; you have told them and your OR has told them. If they continue to pursue you, then the judge will tell them too.

Don't be at your wits end. Feel sorry for the dimwits instead.

DD1966

Thank you all for your fast responses.
I shall send off the letter to them, together with a copy of the letter from the official receiver.
To be honest, it's more my OH that's getting stressed over it, but I'm sure the letter I send will give them the message and ease the stress levels of my OH.
once again thank you all.....:beer: