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being harrased after BR

Hello. I was made bankrupt in november last year, and got some help and advice from on here, which was great. BUT

One of my debts was about 3 grand to alliance and leicester, who are now owned by santander.

Since january i have recieved 4 letters stating how i have defaulted, and im going to be black marked on my credit report etc..

SO I ring them up, tell them everything. And the Idiot on the first phone call says, "we have the right to chase this money" " you are not BR " etc. So told him what to do and hung up. Told the Offical reciever, they said they would contact them again

Next letter, different po box number this time, first was from hull, second sheffield. Rang them again, and the next person says, yes we know you are bankrupt, but we are still going to chase you for this debt and send debt collectors etc...Now this person was then called every name i know, i shout, i swear, i laugh...and told him to get his boss. Some stuck up bird comes on and says, we don't beleive your bankrupt, so you better prove it to us or the debt collectors are coming. I then informed her that her colleague had just informed me that they KNOW i'm bankrupt, but still want to chase me for this debt. so she got abused too.


I eventually got hold of ALLIANCE and LEICESTERS complaints, and she couldn't have been more helpfull, she knew i was bankrupt, they had conformation, told me i would not get any letters and she was going to sort it out immediately. so happy days.


Till last week, got another letter from a different po box number, and that they had applied for a ccj to go on my file and they debt had now been passed to a baliff.

Now the only thing im bothered about is them marking my credit file ( even though it is wrong ) before i've been discharged, and starting again with a black mark straight away, even though they will admit one day its wrong. They are harrasing me, and would like to use the law if i could as it is really winding me up...

Any ideas?

ps i can't be bothered wasting my time or money phoning them, as i may as well telephone the man in the moon, for all the good it will do.

Thanks


Bradleigh
«1

Comments

  • sizzler
    sizzler Posts: 5,094 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi there,

    Just use th letters a loo roll.

    If you have told them BR send them a copy and forget them. Do not let them get to you they donta have a leg to stand on.

    sizzler:)
  • IF
    IF Posts: 34,349 Forumite
    10,000 Posts Combo Breaker
    Hello Bradleigh, as sizzler says ignore them, don't ring or write. It has happened to us all and I know it is annoying but let go, the OR will sought it out.
    Take care
    If...x
    "If wishes were horses, then beggars would ride"
  • sniggings
    sniggings Posts: 5,281 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 28 March 2010 at 5:23PM
    m8 the first rule after BR is don't worry about those letters! or calls,I know its hard but after awhile you just see how some of these company get into trouble and go bust,wasting their time chancing a BR case,you have to feel sorry for them really,my OR said as long as she was aware of the creditor then any "threatening letter" as she called then could gjust be binned,she said I would be getting them for ages,as for your credit file dont worry about that as for 6 years your BR will be on there so it dosnt matter in the long run what else is on there,wait a good while till after discharge then think about getting all the mistakes corrected,at least we are keeping the posties and binmen in a job:beer:
  • alastairq
    alastairq Posts: 5,030 Forumite
    I wuldn't even send them a copy of the BR.

    They should only be communicating with the OR anyway.

    Why are you spending your money phoning them?


    If they call you, why not actively encourage them to apply for a CCJ?

    This will fall big-time [and cost them money] as soon as they or the courts realise you are BR.

    What they claim they are going to do is entirely unlawful.....walk away...forget them.....don't get so wound up.....chill, you're BR!
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
  • thanks for replying...im not worried, far from it, just getting annoyed, when they do know im BR. Like the idea of letting them apply for a ccj....maybe if the baliff turns up, i can waste his time, talk to him for 5 or 6 hours.....as they charge quite a lot by the hour dont they!!

    I know it won't ever come to it.

    they are just trying it on i know, but even when A&L have told them, they are being [EMAIL="W@@kers"]W@@kers[/EMAIL]...

    oh well, thanks again for replying
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    thanks for replying...im not worried, far from it, just getting annoyed, when they do know im BR. Like the idea of letting them apply for a ccj....maybe if the baliff turns up, i can waste his time, talk to him for 5 or 6 hours.....as they charge quite a lot by the hour dont they!!

    You don't let it get to that.

    If you should (unlikely) get court papers through, then you must fill them in and return them defending the claim on the grounds that the debt is covered by the BR.

    That way a CCJ should never be granted. And you will never see a bailiff.

    If you let one get granted then it can be a right pain the proverbial to get removed.
    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
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    I dont think that the bankruptcy itself actually stops them writing to you, What it does is stops any legal action being taken against you, ie as fermi says your automatic defence is that you are bankrupt.

    As far as the letters are concerned, if you no longer owe the debt and they ask you for money that would probably be obtaining money by deception and if they send a lot of letters then that would be harrasment and would have to be dealt with though the normal procedures ie a complaint to the ombudsman
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • Doucam
    Doucam Posts: 1,130 Forumite
    We are having similar issues with Mercers, I have now started down the route of complaint with them, as I will not put up with it.

    I know that they can't do anything now, but I object to them writing and phoning constantly when they know we are bankrupt.

    I will update as and when anything happens!
  • Send all correspondence recorded delivery to the ORS office whos dealing with your BR phone them and brief them about the situation i did this and never had 1 more crappy little letter.

    sorry i had 1 and i am now taking them to court and see how they like it when the boots on the other foot.Cant wait to taste the coffee again.lol.
  • its only because santander have bought alliance and leicester, a&l know the debt was in the bankruptcy, and ive never heard from them, just santander. i may try the harrasment route.
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