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Discharged from BR but car finance chasing!

My husband and I were discharged from our joint bankruptcy in Feb this year. When we went bankrupt our car from 'Yes Car Credit' was repossessed and we heard nothing since until a couple of months ago a debt collecting company contacted us to say Yes Car Credit had sold on the debt to them and were now chasing. I told them the car was part of our bankruptcy and offered to give them the OR's details. They wouldn't listen and said that we had to get the OR to contact them directly which we have done and the OR said we should have no contact with them. However they keep calling and keep writing and keep threatening.

The thing is I called them from my Mum's house and I refused to give them my telephone number. They must have one of those phone systems that pulls up the number as they are calling my Mum's house most days!! Surely this is illegal if I have told them they can't have a phone number!

I just find it madness that this company is allowed to get away with harassing us for a debt that was part of our bankruptcy.

I had to go bankrupt because I was seriously ill and have had 2 brain tumours removed and radiotherapy and my illness was due to stress. I just find it incredibly sad that companies out there have no respect for peoples circumstances and get away with this.

Has anyone else experienced anything similar or have any useful advice on how to deal with these people. As I said the OR has said we don;t have to speak to them but its hard when they keep harassing us!

Diane

Comments

  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    The behaviour of this Debt bCollection Agency is absolutely disgusting, and could be bordering on CRIMINAL. They have NO right whatsoever to chase you for a debt which has been dealt with by your bankruptcy.
    Your OR is absolutely correct - you don't HAVE to speak to them. However, their continued telephone calls, to your mum's house, could be construed as harassment.
    In the first instance, I would suggest that you report them to the Trading Standards Office.
    You would be within your rights to report any further phone calls to the Police as such harassment is contrary to section 40 (1) of the Administration of Justice Act 1970.

    For further details see the following:

    http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

    What is the name of this DCA - perhaps we know of them and can advise accordingly.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Change the phone number,I know you shouldn't have to but it's the quickest easyest solution.
    Barclaycard 3800

    Nothing to do but hibernate till spring






  • ddj6274
    ddj6274 Posts: 5 Forumite
    Thanks ever so much for your replies and you echo my thoughts - I think it is outrageous that they can get away with it. They are called 'Direct Legal & Collections' (DLC). The OR had heard of them. Funnily enough I got through a letter from them saying that they now want details of my bankruptcy so they can close their file on the matter. This is waht I offered them from the start!! I am just concerned that they use these tactics on more vulnerable people. At least I knew what they were up to. What if I didn't have a clue - I would have been worried sick about them asking for the money.

    Thanks again for the info.
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi, Im a debt case worker for the CAB and HARRASSMENT it definately is - Report them to the OR again, the OFT and if they dont behave your local police. Be in no doubt - YOU ARE NOT LIABLE FOR THIS DEBT.

    Best wishes
    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 ***
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