Declared BR and being chased by Hailifx

rv02

I need an urgent advise. Both myself and my wife were declared Bankrupt on 5th August 2013 and we wrote to all our creditors with the details of our BR number. Our OR has also written to all. We received a letter today from a debt recovery agency with regards to my wife's Halifax card which were included in our petition. I spent about an hour on the phone with the lady from the debt recovery office explaining that this debt was included in our BR but she was adamant that this was not a debt at the time of our BR as it was an active credit card and it only became a debt after six months and hence it will not be part of our BR. I did say this is rubbish as we were in debit and included this in our BR and my OR has written to them and by law they should not be contacting me, I also explained that if what she is saying is true then this will be the case for all our debts and we have not heard from anyone else.

Thus is causing us so much stress now during an already stressful tine and any advise is appreciate it as I am now scared that this will be the case for the remainder of our cards that were included and hence defeat the object of going BR.

Thanks in advance

woodformoretrees

It's a provable debt in bankruptcy (making the presumption that you didn't use the card at all post BR).
I would speak with the OR on Monday morning and explain the above. My OR was very good with this sort of thing and got straight on it.
Don't let the !!!!!!s get you down - you obviously have had the misfortune of dealing with someone who can't get their head around the whole BR thing. I had the same thing with a jobsworth at HMRC. It can be very frightening.
It will get sorted.

rv02

Thanks. We did not used the card since we were declared BR and I kept explaining this to them but she just didn't want to know and said we are liable? They said that they will not contact my OR neither and I just font know how I can convince them.
I have emailed my OR and am hoping she will sort this out

Thank you again for your advise

woodformoretrees

I wonder if the issue with their understanding on the matter is that the debt came to the DRA (as opposed to the original credit card company) after your bankruptcy date and this is what's causing their tiny minds to explode.

fermi

rv02 wrote: »

she was adamant that this was not a debt at the time of our BR as it was an active credit card and it only became a debt after six months and hence it will not be part of our BR.

What a load of bollux!

http://forums.moneysavingexpert.com/showpost.php?p=63168413&postcount=1

Are they phoning you? Or is it just this letter that prompted you to call them?

If they write tell your OR. Forward or tell your OR about any new letter or harassment.

If they phone, quote your BR number and court and tell them to contact the OR then hang up. And/or just ignore/block the calls etc.

rv02

They have been phoning my wife at her work and she kept ignoring them until this letter. I tried to explain but the lady just wouldn't have it insisting that at the time it wasn't a debt but now it is which fies not make sense. I hope my OR can sort this fir us. Thanks for your replies

iosullivan

If the credit card was active before the bankruptcy (even if not originally included within original bankruptcy) you will find the debt can be added to your bankruptcy. Call your OR and let then deal with it. I had an Store card that had a zero balance on it and was not included within my bankruptcy but they were advised by my OR and the account was closed.
If this account was opened after Bankruptcy then it cant be included within your bankruptcy. My OR was really good with dealing with my creditor's - if they still keep ring you tell them to speak with your OR and give them there number

egrescrimp

Just remember a lot of these debt recovery agents get paid on commission and will say and do just about anything to get you to pay up.

Enjoy your weekend, call your OR on Monday and give them the details of the debt recovery agency and then enjoy your week ahead

If they ring you again, just have some fun with them. Repeat their questions back to them for example

spacey2012

If they call again, ask if they have anybody who actually left school with some basic qualifications working in the building you can speak with instead.

SomebodyToldMe

Well I must say rv you have been very polite to your creditors.
Since I was BR, I have left everything up to the OR- he has sent out letters & any calls get referred to him.
I certainly don't plan wasting time on the phone or writing to any blood sucking bank.
Please do the same- that's what the OR if for.
Good luck!

owlet

My OR said that some companies can be very persistent. He said if they phone I'm to give them my BR number & if they phone again I'm to let him know and he will deal with them because they shouldn't be doing that. I suggest you ring your OR & say you are being harassed.