Bankruptcy query

Time_Lady

Hi there, I have a bit of a quandary.

I declared myself bankrupt in 2008 due to debts incurred by my ex, and the Official Receiver determined there was not sufficient fundage to pay off any of the creditors. I assumed that, since I had no further letters from him, my bankruptcy wouldn't be longer than the 12-month period I read was 'the norm', so when I was turned down for a mobile phone contract I was rather surprised. I was even more surprised (and angry) to suddenly begin receiving letters from debt-collection agencies for the credit companies I had had debts with, threatening me with court action and claiming I had accumulated more CCJs.

I wasn't able to get at my Experian report (it claimed they couldn't find me due to the amount of times we've had to move house - another [long] story), so I have no idea what's going on. Who do I ask about my bankruptcy, and how do I sort out these alleged CCJs? I have recently given birth and am a single Mother, so I don't want to be in a financially bad place that I thought I had taken the last resort to get out of.

Thanks in advance, everyone.

Jinx

Even if you were 'the norm' I thought bankruptcy stayed on your file for 6 years just like a default does? If thats the case surely that would be why you got turned down for a mobile. I cant get a mobile contract and i have defaults only. Cant advise re the CCJs though sorry. Sure someone who can will be along soon...

dancingfairy

Hi. The bankruptcy board is here:
http://forums.moneysavingexpert.com/forumdisplay.php?f=136 and they are very friendly.
Your credit file will be affected for 6 years after bankruptcy I think so this may be why you couldn't get a mobile although it will improve gradually over time.
All your debts shouldhave been covered by the bankruptcy from what you've said.
You really need to try and get hold of your credit records again as it sounds like you may have been a victim of id fraud which would be more likely if you have moved loads. I would consider writing to the 3 agencies with details of all address you have and dates. to see if you can get hold of your files.
Hope you can get it sorted.
df

dancingfairy

You might be able to send the prove it letter to people chasing you for debts but don't know whether this would apply as they would just say you've got CCJ's so you must know about them. I suppose you could try SAR'ing each company as they come out of the woodwork but I think it costs about 10 pounds per time- I think it stands for subject access request and they have to supply all info they have on you - perhaps search on here for it or google it.
You might also be able to check the registry trust online I think it is to see details about CCJ's etc although you might have problems with this due to the ID issue.
A few thoughts though.
If you owed money and companies couldn't contact you or you hadn't cancelled services when you moved they might have sent court papers to your previous addresses? is this a possibility?
df

louiser123

if you were declared bankrupt all your debts in bankruptcy would be written off and no creditor would be able to demand any payment after bankruptcy date. having said that in some cases you have to actually send a copy of your bankruptcy to some creditors as the official reciever does not in all cases inform the creditor. however if it was 2008 when you were declared bankrupt i would imagine they would have been informed by now after all its nearly 3 years. i would contact the court that you went to to petition your bankruptcy and ask for a copy of your bankruptcy certificate ( may be a charge). but this will only cover debts you declared in your bankruptcy paperwork and debts you owed before your bankruptcy date, any debts incurred after this date are not included and have to be paid. bankruptcy remains on your credit file for 6 yrs from bankruptcy date but it will likely affect you regrds to obtaining credit for far longer.

Time_Lady

Thank you all for your responses, I really appreciate the help. I'm going to send a copy of the petition off to each of the creditors harassing me, and see if they'll leave me alone after that.

The leaflets had been rather misleading- they insinuated the bankruptcy would only stay on record for a year, but now I know differently I'm not quite as stressed. Still slightly stressed, but it could certainly be a whole lot worse!

Thank you again, everyone.

tigerfeet2006

For those co.'s that are still chasing you there is a letter you can send signed for, print your name and adjust as necesary.

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


With thanks to the lovely Fermi for the template.

Do you know whether the CCJ's were added before or after your BR date?

There is also the credit file clean up, which will help prevent problems like you are having but you need to access your Credit Referance files to do it. If you can do it though it is worth it.

Time_Lady

That letter template is fantastic, thank you very much! I'm going to go with the assumption that the CCJs were added post-BR, as the letters threatening court action have arrived recently. I find it confusing, as the Official Receiver said there was insufficient funds to pay creditors, that after a break of a year or so, they're writing to me again. I had a while of peace and quiet, and then BOOM. Suddenly: harassment.

How would I go about a credit clear-up? Is there a step-by-step on the site here? (Please forgive my apparent stupidity - I'm not fantastic when it comes to technology)

tigerfeet2006

Debts get bundled up into packages and get sold to other co.'s who then don't do the homework they should before chasing and start harrassing. The original debt co. shouldn't sell them on but do.

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