Increase in DCA activity Chasseing debts included in BR

blind-as-a-bat_2

I have noticed over the passed weeks an increase of posts re DCA’s demanding payments towards debts included in BR.

Now that in itself does not mean there is an increase in DCA’s doing so, just maybe more people posting they are.

BUT

Any DCA is supposed to check the debt is owed before pursuing, it is in fact a breach of there credit licence not too.

So is it unreasonable to expect them to check against the IS register or gazette before perusing said debt?

Ok I know they don’t care, they just want there money, so don’t check, or even if they do, they will continue to chase it regardless, we know that!

But if they know and pursue, then they are trying to obtain monies under false pretence.

Lets not beat around the bush here, that is fraud, and last time I looked it is a criminal offence.

But if they are supposed to check, but don’t, is ignorance a defence?

More so, if a BR informs them of the fact there is a Bankruptcy order in place, but continues regardless!

So if your approached by a creditor or DCA demanding payment, inform them you are BR, by recorded delivery, once you have proof they have received it, and if they continue to demand payment, can you report them to the police for fraud?

I think, at least in theory you can, but would like others view on this.

I am serious about this theory, if others agree, it may be a way to force the creditors and DCA’s to stop harassing BR’s, as breaching the OFT guidelines is one thing, but breaking the law, by committing fraud, is another

skylight

I agree with this.

I have had 3 in the last week alone. However, they are all "statements" of account and not once does it ask for payment outright. They state that if payments are not being made then please refer to the ways to pay section. They also claim something along the lines of by law they have to send me this statement of account each year ??? Its odd that they are all turning up at the same time and this month is not relevant to my BR date or any default dates on my credit file either; they just don't tally up. (Cannot check exact wording on these letters as I have binned them all)


Oh, and ignorance is not a defence in a court of law! Try using that one if you are caught driving without a licence and tell them you didn't know you needed one!!



And the Ex has been getting a sudden mass of letters from people for his debts too; some he hasn't heard from in 2 years or more but all of a sudden they are all coming out.

alastairq

Are they trawling?


Seeing which ex-debtors may be daft enough to cough up?

How can they send 'statements' if the original debt was cancelled by BR?

fermi

alastairq wrote: »

How can they send 'statements' if the original debt was cancelled by BR?

They will probably claim that they still have a duty to send out annual statements under the CCA2006. :rolleyes::rolleyes:

Even if that still applies posts BR (which is doubtful), they are completely irrelevant.

fermi

blind-as-a-bat wrote: »

I have noticed over the passed weeks an increase of posts re DCA’s demanding payments towards debts included in BR.

Wonder if any will try with me? Not heard for ages.....

:cool:

skylight

Surely if these statements really are a "legal thing" then they should have sent them to the OR who has notified them some time ago of my BR and given them his address as he is now liable for them.

I had written a really rude p-off with love hearts stamped all over it on the original letter to send back in their pre-paid envelope but changed my mind in the cold light of day!

skylight

fermi wrote: »

They will probably claim that they still have a duty to send out annual statements under the CCA2006. :rolleyes::rolleyes:

Even if that still applies posts BR (which is doubtful), they are completely irrelevant.

So could we quote 4(a) & (b) at them??
(4)
The creditor is not required to give the debtor any statement under this section once the following conditions are satisfied— (a)
that there is no sum payable under the agreement by the debtor; and

(b)
that there is no sum which will or may become so payable.

blind-as-a-bat_2

Yes skylight, you can, it may not strictly apply untill after discharge though, as they need to leave the account active until they see if there is any payout from the BR's estate, but after that is done, the debtor indeeed is in no way liable, so no payment is due, nor will there ever be;)

kew63

My hubbies had the HMRC chase for debt in BR, checked with OR and they told them months ago. Also two suppliers are still sending statements to the house and one has made some rather nasty veiled threats via his new boss. He seems to be intent on causing as much trouble as possible, OR know what he's done but at the moment cant do very much.
Do agree that any creditor needs to be held to account when they breach the law, they are more than happy to remind debtors of it so they have to abide by it as well.

blind-as-a-bat_2

skylight wrote: »

Surely if these statements really are a "legal thing" then they should have sent them to the OR who has notified them some time ago of my BR and given them his address as he is now liable for them.

Thinking about it, they could leave the account active for longer, if an IPA is in place, they wont get there share until that is done, so they could try useing that as an excuse.

but as you rightly said, the liabilaty does pass to the OR, so legaly they become the debtor in effect so it should go to them.

Either way, what concerns me is the wording of these statemants are wrong, as the BR owes nothing, and some people could be forgiven for reading them as a demand for payment, i have seen a couple of posts where they actually do demand paymant.

So in my view they are using this change in law to try there luck.

Claiming it is automated, in my view, is no excuse, so no defence.

And i am not just talking about these statemants, as there quite a few DCA's being sold br debts, and making unlawfull demands for payment outright

kew63

There is one creditor my hubbie had, Scottish Power, that pre-BR were like rabid dogs, but post BR have disappeared. In one way I did want one last "take your nasty little threats and .........." but we were lucky compared to many people on here who seem to get a flood of phone calls from DCA, they just sent horrid letters.
Has anyone who has had a terrible time post BR from a DCA had any success from the OR, Trading Standards, Ombudsman etc... ?
Just wondered if the DCA work on the premise that if they go after all the BR debts, they might get even a small percentage that arent aware of their rights as a BR & pay up making it worth their while. Much in the same way as cold callers.
Doesnt make it right at all, but nobody ever said DCA's have any scruples.