Natwest sold debt to a collections agency after bankruptcy

neverthesamedaytwice

Hi everyone

I'm looking for some advice.

I was discharged from my bankruptcy in July of 2009. All of my creditors were informed of the bankruptcy and the discharge.

Natwest have recently sold my (pre-bankruptcy) current account debt to a collections agency. The bank has indicated that my relationship with them has been ended and all further correspondence should be addressed to the collections agency from this point on.

The collections agency have issued a new default on the debt (1st Dec 2011).

I have called Natwest to ask them to resolve the situation. They have no records of my account on their system.

The collections agency have indicated that I need to provide details of my bankruptcy - but my major concern is the addition of a new default on my credit file.

I went to great lengths to clean up my credit files post discharge and I'm extremely angry that this new default has occurred.

My feeling is that Natwest should sort out this mess, as they're largely at fault. I'd much rather not have to enter into another round of extended phone calls and conversations to try to clear this up - and I feel that the bank should ensure the matter is resolved.

Do any of you know what my best course of action is? Should I approach the Financial Ombudsmen now? My feeling is, if my debt has been illegal sold - other people's debt has probably been sold in the same way - and I can't imagine the practice is legal.

Thanks in advance

Luke

philnicandamy

Illegal? sadly no...they as other DCA's do buy up mass accounts for pennies in the hope someone will pay up without an argument

Forward them (the DCA) the letter in the clean up sticky with your BR details and add that the following default thats been added needs to be removed as its incorrect and a debt that was included in your bankrupcy petition

if the DCA still wont play ball its the information commissioners office you should start with really before anyone else

neverthesamedaytwice

Thanks for the advice, I'll do this.

It's a shame it isn't illegal for Natwest to sell accounts that have been settled .. at least, conceptually it seems very wrong. It also seems wrong that the DCA can add a default on my credit reference report for a debt that's already been marked as settled.

All very depressing

magpiecottage

philnicandamy wrote: »

if the DCA still wont play ball its the information commissioners office you should start with really before anyone else

If the default has been unfairly registered you can go down the route of the Financial Ombudsman Service since it it relates to a consumer credit issue.

However, you first need to allow the DCA chance to put things right themselves.

neverthesamedaytwice

@magpiecottage;

Thanks .. should I deal solely with the DCA?

Is Natwest at fault for incorrectly handing over my details?

stclair

neverthesamedaytwice wrote: »

@magpiecottage;

Thanks .. should I deal solely with the DCA?

Is Natwest at fault for incorrectly handing over my details?

Was you sent an acknowlegement from Natwest that they had recieved the details of your BR?

You should just deal the DCA going forward maybe SAR them and Natwest should you need to....

The Data Protection Manager, Retail Regulatory Risk, 2nd Floor, Business House B, RBS Gogarburn, PO Box 1000, Edinburgh. EH12 1HQ

financial_ombudsman_representative

Hello Luke.

I work for the Financial Ombudsman Service - the free service set up by law with the power to sort out problems between consumers and financial businesses. Thanks Magpiecottage, that's right, this is the type of complaint which we can generally consider - we would need to look into whether it was fair in the circumstances for the default to have been added to your credit file. If after complaining to the business directly you remain unhappy - you can contact us on 0300 123 9 123 or at financial-ombudsman.org.uk.

Thanks
Phillipa

alastairq

hi Phillipa...that's one heck of a username!!!

DebtFree82

So glad to see this thread!

I went bankrupt and was discharged a while ago, but over the last few weeks I started receiving a flurry of emails and letters from "SRJ Pay" asking me to contact them to repay a debt. Convinced I don't owe anyone any money and thinking it was a phishing scam, I read about them on here and their less than desirable operating methods, so I sat tight and didn't contact them. This week they finally sent me a letter outlining what the debt was. After going through my paperwork, it was indeed included in my bankruptcy. I was going to come on here and ask for advice as my understanding was that to repay anything included in my bankruptcy would be illegal - but now that I have seen this thread I'm presuming the letter already mentioned would be my first point of call.

It's so awful to be feeling this feeling of dread and worry again when I thought everything was done and dusted and I was starting to rebuild my financial status.

nuttyp

My BR was years ago but nice santander have sold all my old debts on not once but twice. I referred all the letters to my OR with my BR number and date and court name. It seems there is a whole bunch of people who are inexactly the same situation. Maybe the law needs tightening up a bit, tis a lot of hasstle to sort out. If you do decide to ring the debt collection agency ask them to provide proof, that usualy stops them in their tracks.

alastairq

If I were in the above position, I wouldn't waste my time and energy..let alone money, on making any sort of effort to contact any DCA.

In fact, I would do nothing to discourage such agencies taking the matter all the way to a Court!

I care not whether or not they have done their 'homework' regarding the status of the individual they are attempting to pursue.

The mere fact that they are pursuing a debt included within a BR indicates that they are, first and foremost, attempting a scam....trying their luck in case some less well-informed individual does indeed pay money.....money to which the DCA have absolutely no entitlement whatsoever.

May their trousers catch fire!