72 Hour Notice of Litigation

irnbrusue

:mad:

I am a discharged bankrupt of two years. I recently asked for advice about HFO services chasing me for a debt that was included in my bankruptcy. Fermi kindly gave me a template of a letter to tell them to stop chasing the debt. I sent this off recorded delivery. They received it.
I then also sent of the credit clean up letter and they received it also.
Today I got 72 hour notice of litigation. They say they will take me to court.
AIB seems less than interested.Man on phone was really rude and said there was nothing they could do so why am I worried? Is there anyone else I can call like the office of fair trading? I want these idiots off my back. Worse the letters are going to my mother's address which was never mine :mad::mad::mad:

fermi

If they go to court then you simply defend the court action on the basis of the bankruptcy.

As it would be a vexatious and unfounded claim, you may even be able to counter claim for costs/harrasment against them.

In fact, apart from the small amount of hassle, it would be rather amusing if they did. A judge/court is likely to be pretty angry with them for wasting their time.

Can't honestly see them going to court though.

They have been sending out these daft "72 hour" letters in sack-loads over the last few months, and I'm not aware of one singe one actually resulting in the court action threatened.

Report them to the OFT and trading standards. It can't be that far off from the OFT taking some action against HFO as they have with other debt collectors in the last couple of years. So every complaint helps.

irnbrusue

I emailed the person at AIB who dealt with my case. The guy on the phone did'nt sound as if he knew what he was talking about and I have heard they use agency staff for enquiries.
I have emailed trading standards and the OFT. Now I have it off my chest and had a little rant I feel much better. I just hate that the letters are going to my mums. She has just taken voluntary early retirement and has a large payout. I am worried she will pay them out of worry about being 'blacklisted'. It is the kind of thing she would do

Ineedaname

If the letters are going to your mum, surely they have your name on and not hers, so she shouldn't be aware of what they contain, unless she opens your post?

Keep us updated on what happens though, I'd love to see one of these go to Court...

irnbrusue

No she would never open my post

They are going to her address so I feel she has a right to know what they contain. I just wonder why they are going there as I left home years ago and my name is on the electoral register elsewhere. I even put my new address on the back of the envelopes on the letters I have sent to them. Also one of them said they would send bailiffs so I wanted her to be prepared. I have explained they cannot do anything but I sense doubt creeping in. She does not seem to comprehend how they can break the rules so brazenly.

fermi

They can't send bailiffs without having successfully gained a court order first. Something they are not going to be able to do, and are even less likely to try.

They break the rules so brazenly because the authorities haven't yet taken action to stop them.

A same thing seems to happen with most debt collectors who break the rules. They go for a long time seemingly getting away with it without anything being done. Eventually the OFT notices the constant stream of complaints and imposes "requirements" on the collector, that if they breach may result in their license being removed.

Unfortunately, that action takes waaaaaaaaaaaaaaay too long to happen with things organised with the OFT the way they are.

Debt collectors know that the OFT is pretty ineffectual, so many take advantage and break the rules as hard and fast as they can while they can.

HFO is a prime example of that. It will all catch up with them at some point, but in the meantime they seemly get away with "murder".

It's quite shameful that regulation of the debt collection industry works in that way, but with the OFT as it currently stands it doesn't seem to get much better.