? standard letter send to creditors after made bankrupt

jayk

Hi

Sure I read thread somewhere (cant mind) copy of letter you could send to creditors informing them you have been made bankrupt. I would prefer to send a letter to one particular creditor rather than wait for them to phone again. May be while before OR lets them all know.

Can anyone help please.

Thank you

IF

Here it is jayk, Fermi’s letter, send recorded delivery and TYPE your signature don't 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

fermi

If they are chasing the debt then that might be appropriate. Or if you just want to notify someone then you could take out some of the harsher language/phrases.

Florence22

Thank you both so much - I wasn't having much luck! xxx

Florence22

...and thank you Fermi xx

jayk

thanks for this may take out some of the harsher words as suggested. Or may just think about it and let OR deal with it all don't need any more stress.

IF

jayk wrote: »

thanks for this may take out some of the harsher words as suggested. Or may just think about it and let OR deal with it all don't need any more stress.

I'd save your money by not posting tbh, give the OR time to contact them.

If...x

System

I had all these letters printed off and ready to post, but then thought.... why? The OR will be contacting them anyway. It's going to cost me money to post them.

Most of my 11 creditors did not contact me again after my BR date. 2 did - Santander, who were nice as pie and grateful of the BR details I gave them. The other was a DCA for my Halifax credit card debt and they were a bit on the rude an obnoxious side. I took not a small amount of sadistic pleasure telling them I had gone BR. Quite satisfying considering how they were with me over the previous months.

frosty1970

Fair point the receiver should contact creditors within a few weeks BUT its not always as straightforward

My OH had creditor hassles for weeks afterwards even though the receiver had contacted everyone (thank you barclays GRR!) in the end he sent the letter above & never heard a thing again..so messedupmymoney you were pretty lucky

fermi

You should never normally NEED to use letters like this.

However.....

- With normal debts (not bank accounts) it can take up to 8 weeks for the OR to write to creditors.
- Even when they do write, collection departments are often not passed the info, so they continue to hassle you.
- The debt may be sold in the meantime, without the OR knowing, so they write to the (old) wrong company.
- Some people just like to be pro-active about these things. While strictly not needed, sending something like this can make you feel you are getting control back over things a bit. Can help after long periods where things may have felt way out of control. Also takes the wondering "has the OR told them yet?" out of the equation.
- And probably more reasons....

On the flip side...

- Some people may be happy to just let the OR do their stuff and trust it all gets sorted, and not be bothered about ignoring creditor/DCA letters.

Each to their own. Whichever works best for you. Everyone is different.

Florence22

I think that is what is worrying me a little, that it may take the OR a while to get the letters out and I'd really like to inform some of them myself to make sure, but then I am a bit of a control freak.

As has been said, each to their own, I would imagine that after months/years of harrassment you may never want to make contact with those creditors ever again! :mad: