advice needed please

WhIsKeRs_2

Not sure if this is the right thread ~ but as a newbie i hoped you could answer my question or direct me to a good forum post that will please

I was bankrupt over three years ago almost ending now, yet a ex nasty piece of work from my past seems to have waited till now to claim a supposed debt ?

Will that have been included in the B even if i hadn't listed the debt at the time ? He is threatening small claims court for this money (not a great amount) and im unsure of the legalities

Any advice would be welcome please

Thanks

tigerfeet2006

If the debt is from before your BR then it is included in the BR, whether you put it on the paperwork or not. If he wants to waste money on court then let him, watch the judge tell him off for wasting his time.

All you need to do with this individual is give him your bankruptcy order number and details of the OR's office. He needs to contact them not you.

ETA: back in a minute with a great letter you can send him.

WhIsKeRs_2

tigerfeet2006 wrote: »

If the debt is from before your BR then it is included in the BR, whether you put it on the paperwork or not. If he wants to waste money on court then let him, watch the judge tell him off for wasting his time.

All you need to do with this individual is give him your bankruptcy order number and details of the OR's office. He needs to contact them not you.

ETA: back in a minute with a great letter you can send him.

tigerfeet2006 ~ you are a star

Thankyou soo much ~ i thought as much but was not definite ~ due to the circumstances surrounding him and the situation i immediately become scared and neurotic !!!
You have really put my mind (and hopefully nightmares ) to rest its much appreciated X

tigerfeet2006

Try this template letter, adjusted for your needs. Send it recorded delivery, so you have proof it was recieved. It should show this person that you mean business and will not be intimidated.

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 [PRINT NAME]


with thanks to fermi for the brilliant template.

WhIsKeRs_2

WOW !

Shame i can only hit the thanks button once !!!!

Thankyou to you and fermi ~ bloody marvellous letter

Gads i feel like i have just lost 2 stone off my shoulders

God bless ya x

tigerfeet2006

Not a problem sweetie, glad I could be of help.

Have you looked at cleaning your credit files up? If not then that is your next job. See Fermi's sticky about cleaning them up post BR.