Debt not listed in bankruptcy??

Boilie

Hi all,

I wondered if anybody can advise me please?
I was declared bankrupt 6 years ago and discharged after a year.
It turns out I forgot to list a debt and that debt has been sold to go-debt, they have started chasing me for it and are threatening court and bailiff action and threatening me with bankruptcy.
I have got all my papers out and contacted the official receivers, they have copies of all the letters from go-debt now as I forwarded them on.

Can Go-debt actually do what they are threatening and is it my own bad luck that I forgot to list the debt? I genuinely have not had any post or calls about this debt in the last few years so to say this is a surprise would be an understatement.

Thanks in advance

ifonlyitwaseasier

even if you didn't list it, it would be included, and another point (even tho the big B covers it) after 6 years it would be statute barred anyway, so they really are talking total baloney

hth

Boilie

Ok thanks that is reassuring, have read conflicting data on the web. So any advice on how to proceed or should I leave it with the receivers?? Go-debt are horrid to deal with

IF

Hi Boilie, They would be laughed out of court and have a strict telling off by the Judge but I know how annoying they are. You could send them a copy of Fermi’s letter to creditors/ DCA after BR.

Your Address

Date:

Creditors 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: 4563210025897412

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 Consumer Protection from Unfair Trading Regulations 2008, 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





Mr A N Other

Best wishes
If...x

Boilie

Thanks for that letter, my debt was not listed in the bankruptcy, I forgot to list it

IF

Boilie wrote: »

Thanks for that letter, my debt was not listed in the bankruptcy, I forgot to list it

It doesn't matter all debts pre BR will still be included, adapt the letter and the date when you went BR will be enough.

Boilie

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: 4563210025897412

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.

Thanks again, I am just unsure of what I can put for the bit I have copied above, it is just that they say they can see from my bankruptcy that the debt wasn't listed, I know if it was listed it would have been treated the same as everything else but they are saying they are still going ahead with bailiff action etc, even the receiver said that in 9/10 times the debt company go away but they can't enforce it 100%, that in itself worries me.
Any experience/additional advice on how to re-word the letter would be great.

Boilie

Just some extra info, I was bankrupt in September 2004 & discharged in March 2005

Doucam

How can they see from your BR that your debt isn't listed? And anyway it makes no difference at all. ALL debts pre BR date are included whether listed or not.

I would just add the sentence all debts pre the date of Bankruptcy are included in Bankruptcy proceedings whether they are listed on the paperwork or not - or words to that effect....

Did you do the credit clean up after discharge? if not then it might be wise to get copies of your files and do it now!

philnicandamy

As others have said ALL debts before bankruptcy would have been included remembered or not...thats one of the reasons why your bankruptcy announcement is listed in the London Gazette (creditors you may have forgotten would see anyhoo)

let them shout all they can IF it did go to court they'd be laughed out!

and as doucam suggested have a look here to stop things like this happening again

https://forums.moneysavingexpert.com/discussion/677875

Boilie

Hi, I think they have been told by the OR it wasn't listed?? not sure but will speak to the receivers tomorrow.

I must admit I haven't done a credit clean up, I am embarrassed to say I don't know about that at all.
I have seen my recent credit file and all was clear until I added an old address and this debt came up but I haven't had any letters from the original company I took the finance with.
There are 2 defaults relating to loans that were included in the bankruptcy as well.