Collection Agency Letters

flattop

Hi all,

This is my first post so apologies if it's in the wrong place or I'm asking a question that has already been asked and answered.

I was declared bankrupt in Sept 2008 and automatically discharged 2009. Since my discharge I have been receiving, roughly every six months, a letter from a debt collector (dlc) demanding payment on a debt that was included in my bankruptcy.
I have tried contacting the company via phone and letter and have met with a brick wall and have, today, received yet another letter demanding payment (the second this month)

If someone could point me in the right direction as to what I should or shouldn't be doing it would be most appreciated.

Again, apologies if this type of question has been asked and answered before.

gillypkk

i would either contact your the OR or go to CAB and ask for more advice.

on the paperwork i got from the AIB it states that if after i have given the debtors my certificate or BR ref number and they still persist in hassling me i should go to CAB for advice.

fermi

Have you sent a letter similar to this one?

http://forums.moneysavingexpert.com/showpost.php?p=42894138&postcount=2

Also, have you notified your OR?

IF

Hi flattop and welcome. I would send them Fermi’s letter, send recorded delivery and PRINT your sig dont sign.......companies in the past have been known to do a few naughty things with signatures.

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

EDIT: too quick for me Fermi

flattop

Thanks for your reply and thanks too for the info regarding signatures...advice heeded!