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Nat West- Court Summons - I am BR

Hi,
Please could someone advise me on how to handle this.

I was made BR in June 2009. I have written to Nat West 3 times, spoken by phone 5 times telling them my case number and date of BR. On one occasion the person on the other end checked the insolvency register whilst I was on the phone and said I would hear no more from them.

They have continued to phone and write threatening court action.

Today I have received a County Court summons from Nat West.

From what I have read on this excellent forum the debt is part of my BR.
Do I fill in the "defense" form that came with the summons stating my BR details or do I just ignore it or should I attend Court?

Advice please.
Thanks
«13

Comments

  • CG77
    CG77 Posts: 1,210 Forumite
    Hi,

    I would get in touch with my OR straight away if I were you. If this debt was included in your BR, they are not allowed to contact you asking for money and your OR will deal with it for you.

    Have you informed him/her about the previous letters?

    CG. x
    New Year, New Me!!!
    Weight loss mission 2012 has officially begun!!
    :jLoss so far: 3 stone 4lbs:j
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Definitely get in touch with the OR.

    Acknowledge the claim online, so that you have an extra 14 days to submit a defence.

    Personally I would defend just in case the OR doesn't sort it and NastyWest don't come to their senses. It will be more hassle to sort if you ignore and they get a default judgement because you didn't reply.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • rv99
    rv99 Posts: 16 Forumite
    Thanks for response,

    I had informed OR in August about the Nat West phone calls and they said they
    would contact Nat West.

    I was offered early discharge last week. If I contact the OR about this summons will it stop my early discharge?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    rv99 wrote: »
    I was offered early discharge last week. If I contact the OR about this summons will it stop my early discharge?

    No. :)...........
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Similar thing happening to me at the moment, though not quite as advanced as your case.

    I got a "final demand" letter in the post this morning from M&S, who were 1 of my creditors listed when I went br back in August of this year.

    I rang the number on the letter to ensure they had my br details (as all my other creditors have & did stop the phonecalls/letters.. a month back)

    I got through to the most unpleasant, nasty women, She was so crappy towards me (like I had taken the money from her purse & spent it)

    Apparently they do not have any details of my br on record, so I gladly gave her all the info & she then went on to tell me that A debt recovery agent would be at my door with 48 hrs!!!!!

    Go Ahead, I said... I have sod all assets & I am BR

    Some jobs worths are such a pain in the !!!
  • confused76
    confused76 Posts: 12,680 Forumite
    Part of the Furniture Combo Breaker
    Similar thing happening to me at the moment, though not quite as advanced as your case.

    I got a "final demand" letter in the post this morning from M&S, who were 1 of my creditors listed when I went br back in August of this year.

    I rang the number on the letter to ensure they had my br details (as all my other creditors have & did stop the phonecalls/letters.. a month back)

    I got through to the most unpleasant, nasty women, She was so crappy towards me (like I had taken the money from her purse & spent it)

    Apparently they do not have any details of my br on record, so I gladly gave her all the info & she then went on to tell me that A debt recovery agent would be at my door with 48 hrs!!!!!

    Go Ahead, I said... I have sod all assets & I am BR

    Some jobs worths are such a pain in the !!!

    hi there what a nasty nasty woman you encountered! you shouldn't be treated like that, she has no idea what you've been through. i dread telling people when i go br, recorded letters i think? :eek:
    she obviously hasn't been doing her job very long otherwise she'd know that sending a debt recovery agent is nothing but a waste of their own money??! humph!:mad:
    x
  • kerrypn
    kerrypn Posts: 1,233 Forumite
    I love it when they get snotty with you on the phone-it is basically spitting their dummies out because they know there is nothing they can do to recover the money!

    I agree OP-contact the OR urgently, I would also send a copy of your Bankruptcy Order to Natwest, the court(as your defence) and, if nothing happens, attend court to present the Bankruptcy Order in person.
  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In some ways I would love for it to get to court and attend. The judge will give them such a b@llocking for wasting his time, it would be worth the hassle for that.:D
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
  • confused76 wrote: »
    hi there what a nasty nasty woman you encountered! you shouldn't be treated like that, she has no idea what you've been through. i dread telling people when i go br, recorded letters i think? :eek:
    she obviously hasn't been doing her job very long otherwise she'd know that sending a debt recovery agent is nothing but a waste of their own money??! humph!:mad:
    x


    Thanks!!

    I am SO over being bothered about telling my creditors now, I have developed an extremely thick skin since BR.

    I just told her the facts, then put the phone down on her
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Providing that the summons is for a 'debt' that was incurred prior to your bankruptcy, then, quite frankly, there is precious little that they can do, other than contact the Official Receiver, or Trustee - if one was appointed.

    I tend to agree with the others - you should 'defend' the claim, by writing, on the defence section of the claim form, that you dispute the debt as it was 'dealt with' by your bankruptcy. Give date, court and Bankruptcy number on the form and return it to the County Court.
    That should be the end of it.
    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
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