Nasty Statement rec'd over a year after BR

I_luv_cats

I was upset today to have received a statement from a Debt Collection Agency (30/9/8 - 1/10/2009) with the usual threatening language saying I hadn't paid anything, broken the agreement and still owe the £££ even though went BR last July 2008!!!

I telephoned them and was told they legally have to send these statements out even though they are aware I went BR, I said when was that from, they couldn't answer that!! I said that I felt they were rubbing salt into my wounds and I would check up on that!!!

rog2

I_luv_cats wrote: »

I telephoned them and was told they legally have to send these statements out even though they are aware I went BR,

Total Bovine Manure - report their behaviour to the OFT. :mad: :mad:

And feel free to 'name and shame' these heartless thugs on this forum.

tigerfeet2006

There was a change in the law recently and they can send these statements. Can't remmber th reasons but I am sure fermi or Batfink can enlighten us.

You can snd this letter out

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

Obviouslly adjust to suit your circunstances.

I_luv_cats

It was EquiDebt and I am sure that have done it deliberately to cause upset!!! They were a horrid company to deal with as were very pressurizing!!!!

I've heard nothing from anybody else.

rog2

tigerfeet2006 wrote: »

There was a change in the law recently and they can send these statements.

There is a big difference between 'can' and 'legally have to' :rolleyes:

fatou256

I think it is an other case of creditor continuously flouting the laws to their own advantage !

debtinfo

I think as Bat has previously said i think, there may be at the edge of reason an excuse to send them before discharge as the debt is still legally owed, but after discharge, no reason that i can see

I_luv_cats

Does anybody know if it is legal for them to do so as it has stirred me up!!!
I phoned NDL but the answer wasn't convincing, they said they were allowed to send it.
Consumer Direct said they don't know the answer, I could ring Community Legal Services BUT it is an 0845 number and has put me off!!

nervousmother

They should not be sending this after BR. Have a word with your OR. The only way they can continue to send the statements if it is a secured debt.

tarchin

CLS will phone you back if you ask them at the start of the call.