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Persistant Companies after BR

I was made br in Feb Discharged july and now I am being sent letters and getting phone calls from a debt recovery company for the shortfall of my mortgage, best bit is they say they may make me bankrupt if I dont pay!

I would like to write a letter but I have no idea where to start.

Any help is appricated.

Comments

  • IF
    IF Posts: 34,349 Forumite
    10,000 Posts Combo Breaker
    Hello Matt and Sam, this is Fermi’s letter to Creditors/DCA after BR you will need to send this recorded delivery. I didn't send a letter out because I couldn't afford it, the calls/letters do cease eventually but can understand why you want too.

    Best wishes
    If...x

    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
    "If wishes were horses, then beggars would ride"
  • IF
    IF Posts: 34,349 Forumite
    10,000 Posts Combo Breaker
    Also type signature don't sign it as we don't want them using your signature to admit to the shortfall after your BR.
    "If wishes were horses, then beggars would ride"
  • thats a good point if!
    Getting fit for 2013 - Starting weight 10.1.13 88.1kg
    Weight 27.3.13 79.1kg :( weight 2.4.13 79.9kg Weight 24.4.13 77.8kg. 4.6.13 76kg

    BSC member 331
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    best bit is they say they may make me bankrupt if I dont pay!

    :rotfl:

    Sooooooooooo tempting to make them try. Would serve them right. :o;)
    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
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