Letter to creditors making demands for payment after bankruptcy

fermi

Stop chasing letter.............

(adjust to suit depending on whether demands are written, via phone call, and/or are ignoring previous notification of the bankruptcy).

Creditor/debt collector chasing a bankruptcy debt.

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.

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules:

"A firm should not take steps to enforce a debt if it is aware that the customer is subject to a bankruptcy order (or in Scotland where sequestration is awarded in relation to the customer), a debt relief order or an individual voluntary arrangement (or, in Scotland, a protected trust deed or a Debt Arrangement Scheme)." CONC 7.3.16

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3


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.

A formal complaint will be submitted to the relevant authorities, including the FCA and trading standards.

You must also treat this as a formal complaint under the relevant Ombudsman scheme, so I require a written copy of your complaints procedure and a final response from yourselves.

I will not hesitate to take this matter to the Ombudsman if you do not desist.

We await your written confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully





Mr A N Other

fermi

bump.........

nuttyp

FERMI thankyou for reposting this. Its a shame santander dont recognise any letters, even over 5 years on. The last correspendance was the OR taking further action.

So much help on the forum, thankyou for helping me get my life finally sorted, BR isnt for everyone but it has changed my life for the better.

Grumpy_Shunter

Cheers Fermi,

I will definitely be sending a few of those out. Especially to Nram and Creation finance.:mad:

1step-at-a-time

Thank you for reposting Fermi. Yesterday was perfect timing for me. Despite SKY and their muppet collections ccsg having been told of the BR by me and the OR at least twice I received yet another letter in the post from them. I emailed the above and this morning had an email back confirming collection activity would cease and apologising! Seems it isn't what you say, but how you say it

doseduk

i read this - as well as wanting to bump it, I wish I'd just done this early in the process. Instead I was coaxed into many arguments and heated conversations, often my own fault as I wanted somebody to shout at sort of. But yeah, definitely a better way to deal with it, the insolvency service sent an e-mail to one of my creditors that had e-mailed me demanding payment and it was of much the same sort of content.
thanks x

alastairq

......................probably find an IS manager chasing an enhanced bonus simply cut & pasted Fermi's letters onto the IS template file...........???

alan10563

Thank you Fermi for your great help will draft a letter this weekend
Regards Alan

skintandfat

doseduk wrote: »

i read this - as well as wanting to bump it, I wish I'd just done this early in the process. Instead I was coaxed into many arguments and heated conversations, often my own fault as I wanted somebody to shout at sort of. But yeah, definitely a better way to deal with it, the insolvency service sent an e-mail to one of my creditors that had e-mailed me demanding payment and it was of much the same sort of content.
thanks x

I just had fun with the creditors that kept pestering me.

I went through data protection and offered a payment plan of £0.00 per month with a final payment of £0.00.
They got confused and the penny dropped when I mentioned the BR

tigerfeet2006

Bumpity bump..

j0s

Just a quick question, can you still use this letter? Nothing has changed in the couple years?