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Letter from 'Clarity' Company advice

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Hi,

My mother was made bankrupt in the late 1990's she ran a small cafe.

It has caused her great sorrow in her self respect, which i have tried to explain, is not such a stigma as it used to be, anyway she has had a letter from a company called
Clarity
PO Box 336
Northampton
NN6 9WZ

asking her for over £1500, she is 82 next week and it has caused her a lot of worry, as she ownly has her state pension.

Has anyone heard of this company and can they try and claim money from her?
I believe after reading some other web sites, that she would have had a discharge by now, of the 1st April 2009, under section 280 of the Insolvency Act 1986.

I would be grateful of any help
Thanks
Penny

Comments

  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    If the debt was included in her BR estate, then there is no comeback to her. Her liability went into the BR estate regardless of how old the debt is or how long ago the debt was.

    You MUST check that this is a debt that was pre-BR and proveable thus in the BR estate or not. If it was a new debt after the BR then she is still liable.

    If you are sure that it was in the BR then write back with the BR reference and the ORs details and tell them to bog-off and contact the OR.
  • It could also be someone just fishing and sending generic letters to all and sundry hoping someone will pay up.
    I'm sure there is a letter floating around on the debt free wannabe forum that is basically a I don't know who you are, send me proof I owe you this money. It's called the prove it letter - hopefully someone on there can link you to it.
    Also it might be worth getting her to check her credit records just to check all is in order as a) there may be a mistake or b) there could be a potential fraud or they could be just chasing her thinking they have the right person and have put something on her credit files. You can send 2 pounds off to all 3 of the major credit ratings people. Martin has an article on this somewhere.
    Depending on the result of the prove it letter and the credit file checks you can post back and I'm sure someone can help you.
    Good Luck
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • now
    now Posts: 851 Forumite
    I have just googled them, please click on the link below, also if the debt is 6 years old I think they can't chase you. CDI credit management is a company you want nothing to do with either, they claim to chase debts for for a fee but take the fee and do not delivered. Sounds like a scam

    http://www.consumeractiongroup.co.uk/forum/showthread.php?92950-Clarity-credit-management

    http://www.consumeractiongroup.co.uk/forum/showthread.php?117008-CDi-Credit-Management
    If you woke up this morning congratulations, you have another chance :j
  • Thank you for your help, I spoke to the company and they said the debt was a barclay card, which she thinks she used for the cafe.
    Her total debt was £6000.00
    I have to send a copy of her discharge paperwork, (which she has missplaced), how can i get a copy to send to them?
    I will contact them again and ask them to send a break down of the bill as well, so i will know, if the debt was when she was bankrupt.
  • alastairq
    alastairq Posts: 5,030 Forumite
    if the debt was pre-BR, then you don't 'have' to provide evidence of discharge or anything.

    In fact, the 'discharge' isn't really the paperwork necessary...it is the actual court letter showing date of BR which is important.

    If you happen to know which Court your Mum attended, and the date of BR, then application to that Court might yield a copy of the document [for a fee]...

    Either way..I don't think you have cause for alarm....
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
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