Debt letter after bankruptcy

monkeyw_2

Hi all

Please can anyone advise me.
(I hope all this makes sense)

I was declared bankrupt in October 2009 and subsequently discharged October 2010.

I have received a letter from a debt collection agency basically asking for money for a debt.

I rang them and told them I went bankrupt and they told me the debt was from a Mint card from 2006.

I have now received a further letter stating they want proof that the Mint account was included in my bankruptcy (I didnt know they could do this)

I dont know what to do next, I've still got all my paperwork but I'm concerned that the Mint account wasnt included in the bankruptcy.

Any help would be greatly appreciated

fermi

The Mint card is covered by your bankruptcy whether it was listed on the paperwork or not.

Don't worry about that. The law is very clear.

The debt collector undoubtedly knows this, so they are trying to mislead you into thinking it might not be covered.

Is the Mint card actually listed on your SOA?

monkeyw_2

fermi wrote: »

The Mint card is covered by your bankruptcy whether it was listed on the paperwork or not.

Don't worry about that. The law is very clear.

The debt collector undoubtedly knows this, so they are trying to mislead you into thinking it might not be covered.

Is the Mint card actually listed on your SOA?

Thank you for your reply.

Forgive me but whats my SOA?

fermi

Statement of Affairs - the form that you submitted to the court that listed all your debts and liabilities.

monkeyw_2

fermi wrote: »

Statement of Affairs - the form that you submitted to the court that listed all your debts and liabilities.

Thamks for your prompt reply.

Oh It's coming back to me now, I am going to get all the paperwork out later so I'll check.(I've got a feeling it is on there)

Will it make any difference?
I will send them proof of my bankruptcy I don't mind, what I do mind is if they are pursuing knowing they can't retreive anything.

I thought I'd put all this behind me.
Sorry to rant on, it's slighty annoyed me!:mad:

tigerfeet2006

They are just trying it on, seeing if they can get some money out of you. Send them this template, adjusted to your needs, with a copy of your Bankruptcy Order. Send it recorded so you know they got it.

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 for the template.

Even after all this time they should be in contact with the OR and not you.

Make sure you do the Credit File Clean Up as well.
https://forums.moneysavingexpert.com/discussion/677875

monkeyw_2

tigerfeet2006 wrote: »

They are just trying it on, seeing if they can get some money out of you. Send them this template, adjusted to your needs, with a copy of your Bankruptcy Order. Send it recorded so you know they got it.

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 for the template.

Even after all this time they should be in contact with the OR and not you.

Make sure you do the Credit File Clean Up as well.
https://forums.moneysavingexpert.com/discussion/677875

Many thanks Tiger feet and to Fermi!:beer:

You've made me feel better now, I didn't think it was above board.
I'll send them the letter and the Bankruptcy Order and put it to bed.
Many thanks again:T

tigerfeet2006

No problem. Try and get those credit files cleaned up as it will generally stop any one else trying the same trick. It will also make sure all your defaults drop off on or near when your BR does.

fermi

monkeyw wrote: »

Thamks for your prompt reply.

Oh It's coming back to me now, I am going to get all the paperwork out later so I'll check.(I've got a feeling it is on there)

Will it make any difference?

In a legal sense, no. It's covered by the bankruptcy no matter what.

Obviously if you have the paperwork with it on, it cuts off their attempt to mislead you at a stroke.

If it's not on there then I might be tempted to add a paragraph to the suggested letter, but it's by no way essential.

monkeyw_2

fermi wrote: »

In a legal sense, no. It's covered by the bankruptcy no matter what.

Obviously if you have the paperwork with it on, it cuts off their attempt to mislead you at a stroke.

If it's not on there then I might be tempted to add a paragraph to the suggested letter, but it's by no way essential.

Thanks again!

I see where you are coming from I will check in the SOA later and it to the letter as it does add weight, just wrote a letter using your template so many thanks again:j