Legal loophole? Am I still in debt?

Dolly-Rocket

Hello,
I went BR in Aug 08 and was discharged a year later. Included in the BR was an unsecured loan to Northern Rock for £990. I informed NR of BR immediately and for 18 mths heard nothing. Then 2 weeks ago the calls and letters started from both NR and a company called Allied International in Glasgow.
In short; I have had to provide proof again as they don't believe I was BR. NR however, have said that due to the credit act of 2006, as I signed a legal contract when taking out the loan, that I am obliged by law to pay them back and that it is a legal loophole that BR will not protect me from.
Is this right?
The letters are quite threatening now as are the calls. I'm 20 weeks pregnant and also have two toddlers, so feeling very and anxious and stressed.
Hopefully someone can help xxxx

skylight

Did you sign ANYTHING about this debt after your BR.

If not, they are talking codswallop and I suggest you ignore them. Infact, invite them to take you to court where they will lose. OOooo - ask them to put that in writing to confirm about it not protecting you; I guarantee they wont. Tell them to eff off very loudly as as often as you like.

BR does offer you protection from your debts. Unless you signed an agreement after your BR then there is naff all they can do. What they are doing is illegal and I am bloody cross with them.

skylight

Oo. Is the swear filter not working?

S!!!!horpe?

!!!!.


Nope. It's working. LOL!

Bethankim

I have never heard of that and think they are talking tosh other wise what would be the point of bankruptcy..however i stand to be corrected...the weekend of often quiet but hopefully one of the more law savy guys will be able to help.

debtinfo

As skylight says ask them to put their argument in writing, and then send it to the OR

philnicandamy

and tell them to shove everything else where the sun dont shine

confused76

ooh this makes me cross...i hope you get it sorted

Dolly-Rocket

Thankyou x
I have signed NOTHING since BR.
The only people I dealt with were the OR's office.

fermi

As said, they are talking utter bullwarks!

The CCA2006 does not include any provision that allows a provable unsecured debt to survive a BR order.

As said, tell them to put their claim in writing.

They won't, but if they are daft enough to do so then you can also send it with a complaint to the OFT and trading standards. It would also be sailing very close to attempting to obtain money by deception, if not actually fraud.

skylight

Also, you do not have to prove anything about your BR to anyone. The legal onus is on them to prove you owe the debt and not the other way round - which they can't.

maxmycardagain

ignore it

let em go after a CCJ

go to court and tell the judge you were BR and would like to claim a days wages and slap up meal for expenses

and smile at the nice NR solicitor