Being chased for a Debt after Bankruptcy

angels01

Hi all,

Wondering if someone can answer this question...

Can a company chase you for a debt that supposedly happened before your date of Bankruptcy?

i.e. 2005 you supposedly owe this company £33.49 but you know nothing about this what so ever - not even a slight inkling!!!. Then you delcare yourself BR in 2006. Then June 2010 you are tracked and contacted by a debt collection company requesting you pay this amount to the company they are acting on behalf of.

I have been told that any debt someone owes before they are made BR whether they include the debt into the BR or not is classed nul and void??? Is this right?

Hope someone can adise.

philnicandamy

If its a debt BEFORE you went Br then its covered (even if you forgot to list the debt on your bankruptcy paperwork) tell the firm to contact the official receiver dealing with the case they've no chance...and if they pressure then its illegal

angels01

Thanks for the clarisifcation philnicandamy much appreciated.

I have informed them via the telephone twice that i was bankrupt and even said they are harrassing me now as they have sent me 2 letters in 5 weeks after me telling them all my bankruptcy details. They reckon they need proof! So told them i've got nothing (every other company that chased me at the time took my word for it!!!) and to look on the Insolvency Register as im there in flashing neon lights!

So after my second call I telephoned the actualy company (pipex) and wrote a very lengthy letter of complaint. They reckon I took out a broadband service with them in 2005 sometime but at the time I was tied in with AOL. I have recieved nothing from this company what so ever to say I owe them money until last month!

philnicandamy

Actually....you'll not be on the insolvency site now as you dissapear 3mnths after date of discharge

can you remember which OR's office dealt with your case? then may be able to sort something in writing to send to the idiots..

angels01

Yes I realised that after I said it.

I vaguely remember the office but no name. I've contacted the courts to apply for a discharge cert that costs £60 and the person advised me this is only needed if I am applying for credit or a bank account.

philnicandamy

ah right...hang on BRB

philnicandamy

contact office numbers etc for the office that dealt with you.....be worth a shot they might be able to sort something for free

http://www.insolvency.gov.uk/contactus/contact.htm

(in the three + years of being here i've only ever seen a creditor ask for the £60 court cert once or twice...are you on benefits at all? the court cert would be free then..)

angels01

Cheers for the link, much appreciated. Will give it a go tomorrow.

I work full time on a good wage so I doubt i'll get anything free

philnicandamy

angels01 wrote: »

Cheers for the link, much appreciated. Will give it a go tomorrow.

I work full time on a good wage so I doubt i'll get anything free

be worth a shot....let me know how you get on

tigerfeet2006

There is also this letter by the lovely Fermi you could try sending recorded delivery.

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

angels01

tigerfeet2006 wrote: »

A copy of the bankruptcy order is enclosed for your convenience.

when it refers to bankruptcy order - what exactly is that? the actual 20odd pages you complete to file for bankrutpcy?

That is the only thing I have relating to my BR as it was saved on my computer.