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Debt Relief Order - debts still being chased

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My partner has a current debt relief order. She is still however receiving mail from good old Lloyds chasing her for money. They are now threatening court action and have appointed a debt collection agency.

This is the 3rd letter in the first 2 months of the DRO. She phoned them the first two occasions and when she gave her account number, the first thing that popped up their screen was the fact she had a debt relief order and they shouldn't be hassling her. They apologised both times and assured her it won't happen again.

Each time she receives a letter she has been quite upset and as it's up to me to cheer her up, my patience with Lloyds has now expired.

A quick internet forum search of how to report creditors breaking the terms of a DRO has proved fruitless so I was wondering if anyone knows how we would report them? My partner also has looked through the paperwork that came with the DRO to no avail.

Many Thanks in advance for any help

Comments

  • https://forums.moneysavingexpert.com/discussion/4131665

    I once found sending copy of the official paperwork (The Insolvency Service Papers that were issued) helped and the original creditor came back to me and said they would de-instruct the DCA as I had also got in touch with them too as soon as I started receiving mail - I got away with an email scanned document of the paperwork copying all parties in and posted hard copy to the debt collection agency
    Keep it in writing will aid you if you need to take further action later on at least

    I know it is not nice to open a letter full of empty threats so maybe learning to recognise the envelope and well...
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    edited 13 October 2012 at 4:11PM
    It's probably something stupid like the left hand doesn't know what the right hand is doing. Very streseful all the same I'd imagine, although bear in mind a court appearance and any judge would through out their case quicker than you can say Jack robinson and not be impressed by the creditor at all.
    I'd say 1) take their threats with a pinch of salt.
    2) File an official complaint to Lloyds (in writing). Explain that they are unfairly harrassing you (which is against the OFT guidelines) and that unless they sort it out you'll complain to the ombudsman. Going to the ombudsman will cost them time, energy and money, they'll get told to stop and if enough people complain and the charges are serious enough them banks can be fined/stripped of their licences etc.
    Will have a quick search and see if I can find the guidelines for you.
    df
    Edit: oft guidlines are here:
    https://forums.moneysavingexpert.com/discussion/3558031
    post 8 letter o seems to be the closest I could come up with for you.
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • Thanks for you replies.
    I think we will go down the written compliant route for now. I'm going to predict we still get another letter next month though. Place your bets lol
  • Santander are threatening me! They say that they have no records of my dro and I owe them over 8k, I'm going to send them a copy of my dro and see what happens as this is getting very annoying now!
    2012 wins x7 = £250 2013 wins x6 = £240
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  • xenetia
    xenetia Posts: 9 Forumite
    I have just spoken to Next who say there is a loophole in the law that enables some debts to be called for even after a debt relief order. Can't find anything to confirm this, does anybody have any ideas where i might find information?

    Cheers
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    xenetia wrote: »
    I have just spoken to Next who say there is a loophole in the law that enables some debts to be called for even after a debt relief order. Can't find anything to confirm this, does anybody have any ideas where i might find information?

    Cheers
    Hi, There are no 'loopholes' - if the debt was scheduled in the application and it was a qualifying debt then thats the end of the matter.
    Like BR, there are some debts that can never go in such as debts incurred through fraud, fines, student loans and the like.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • fatbelly
    fatbelly Posts: 22,955 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    xenetia wrote: »
    I have just spoken to Next who say there is a loophole in the law that enables some debts to be called for even after a debt relief order. Can't find anything to confirm this, does anybody have any ideas where i might find information?

    Cheers

    I hope you asked them to put that in writing so that you could take it up with the Insolvency Service.

    Certain sorts of debts are 'excluded' but not anything that Next would be involved in.

    Fraudulent debts are not discharged at the end of the morotorium period - but they would have to demonstrate this to a court.
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