Quick question - hassle by bank after bankruptcy

wilcoskip

Hello all. First time back here for a while, but good to see the place is still busy, with plenty of people being helped.

I went bankrupt in 2009 and was automatically discharged in July 2010. By and large, all has gone well. Life isn't all roses, and there are still some minor embarrassments, but nothing to complain about, except for just one thing.

I had a sole trader business account with Natwest, which had gone slightly into overdrawn territory just before bankruptcy, and was included on my petition. Natwest have ignored all my letters informing them of this, and for the past 6 months I'd given up and just binned the statements. Over time, interest and charges have brought the overdrawn amount up to just over £300 (the initial overdrawn amount was also solely down to ongoing bank charges, which caused overdrawn fees, and so on...)

Today I got two letters, one informing me of a default charge and the other threatening me that if I don't make good on the amount they'll give information about me to credit agencies (of all the things I'm worried about, that is a long way down on the list.)

Does anyone know of a good template letter I can send them to get them off my back? I just want them to go away.

Thanks for your help,

WS.

Candy53

I don't know about the template, but I'm sure someone will be along soon.

I know how you feel. My DH and me went bankrupt in 07, and we also had this happen to us, from alot of creditors. I know you wrote to your bank, but did you send them a copy of your bankruptcy statement? I know you will feel you don't have to now as we did, but I should send one to their head office.

Also, if you are making payments to the OR, keep all the statements and letters and keep sending them to him. He will send your papers to them again, and any others you might get.

It's frustrating I know, but hope I've been a bit of a help.

Candy.

tigerfeet2006

This is Fermi's excellent letter, adjust to your needs and send recorded.

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 fermi

MrsB2100

Wow! I like that letter ... could I use that in an IVA? (Obviously, changing the wording from BR to IVA ...) ... we started our IVA end of June, but are still getting automated calls every day, including Sundays and also up to 9pm at night.

tigerfeet2006

Not sure it would work in the same way to be honest as it is covered by different laws.

Might be worth posting on the IVA board and asking their advice.

wilcoskip

Thanks tigerfeet - excellent letter, which I have now adjusted and posted off to Natwest.

I have written to them before, enclosing a copy of the bankruptcy notice, but they just don't seem to pay any attention. Hopefully this will do the trick.

Fortunately, they're the only creditor to behave awkwardly about it.

WS.

davidgmmafan

I hope it works. I wonder how big of an issue this is. Would it be that hard for companies to search to see if people are bankrupt? I mean why should an individual (who has almost by definition fallen on bad times) have to pay even for the cost of a stamp?