Capital One and Fredpay

PippaGirl_2

When I went BR I had a credit card with Capital One which on the day of BR had a debit balance of about £25. I'd been using the card and paying the full balance off each month. I spoke to the OR about paying the £25 balance but was told that would be favouring one creditor over another and not to do it as I would lose the card anyway.

CO have been the only pain in the neck ever since BR. I informed them of my BR, they wrote to me acknowledging that information about my BR but asking for certificates etc. (even though it is on the IS register and probably the OR would have been in contact) which I then sent them.

They have sent letters since completely ignoring the BR, adding charges, quoting court etc. and today I have a letter from fredpay acting on behalf of CO with added court costs, interest, demands to pay etc. This is a final demand before court. No email address on the letter, I don't use phones and my MH is so bad at the moment I am barely leaving the house at all. Worse, the postperson posted this letter to my neighbour as they obviously can't read and my neighbour opened it and read it and then handed it to me saying they hadn't realised it wasn't for them as it went through their door.

I am simply not well enough to deal with this and am terrified of being taken to court, you would think the BR and being discharged would end this but it's not going away is it. I know I am burying my head in the sand but I have already told CO about my BR, sent them certificates and everything, surely I have done enough. I am so distressed. I can't even put a letter together, and I've already done that anyway and it's made no difference.

droiderm

Sometimes a simple phone call solves these type of issues
can you not give them a call on this occasion ?

Anondebtadvisor

Have you phones the ORs office - sometimes a quick call from them will put an end to the contact

tigerfeet2006

First of all stop agonising about this, do not give them any brain space what so ever. I know it is easier said than done but you know that they can do booger all about it no matter what they do. Send them Fermi's letter adjusted for your needs.

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

If they do continue to court then write to the court with your BR details and tell them that it was included. Or if you are feeling better then turn up on the day with your BR details and let the DJ deal with the idiots, which will be fun.

But please, please, please don't let these people affect you like this. They are the ones in the wrong so let them do their worst and take pleasure in sticking it to them.

sort_me_own_yard_out

I can't offer any sort of advice, just wanted to wish you well. Xxx

rossireps

tell them pg ill see u in court!
can u imagine the judge telling them to sod off as the debt was included in ur br. youd be laughing. i do know its stressful as i wouldnt like it either. in fact the letters are the man reason i went br as i just couldnt deal with it

luvchocolate

Oh Pippa as everyone says there is nothing they can do, Do you have anyone who could make a call for you?
I wish I was there to help you x

rossireps

id ring them for you but tbh would prob make it worse. one day someone asked me who i was yelling at. it was a certain moroncroft. lol

PippaGirl_2

Thanks everyone. Slightly calmer now. I think my neighbour opening it and reading it made things far worse as I have constant problems with the neighbours.

It's only 1 month since discharge but I think this has prompted me to start my clean up process by writing to the creditors with a copy of my discharge certificate thingy, asking them to amend their records and my credit report to settled/satisfied/partially etc.

Hopefully when CO get this they may call off their henchmen. My credit report still says CO and not fredpay so I'm assuming the debt hasn't been sold on, but that fredpay are just acting for them atm. I am going to write to CO in the first instance within my credit clean up.

nuttyp

We have the same some 5 years later with santandar, seems they dont understand the word BR. After they got the 7th company to try and collect i made the decision to ask for the callers full name. I said thankyou for the information, i will be persuing you for harassment personally due to you refusing to acknowledge the word bankruptcy.

A little while later another phone call, trying to appologise. I still reported them to the OR and they are now acting on my behalf by taking said company into court for harassment aginst me and many others.

Please take care of yourself, and if you feel you cant deal with it ask your local citizeen advise beaurea to act on your behalf. They are free and very helpful.

PippaGirl_2

Nutty, was that after you'd written to them post discharge with proof of ED/AD asking them to alter their records from default to settled etc.?

If so, that's not good news because I had hoped that would sort it.