DRO ended still being pursued by a creditor

geministar2008

Hello

I am at a real loss. So hoping someone can advise?

My DRO ended in March and my circumstances hadn't changed so all debts were discharged. 1 Creditor has continued to pursue me for the debt, selling the debt to collection agencies - who i explain hey this was in my DRO, there is no debt to collect, so i presume they send it back. And so the cycle continues.
The insolvency service have sent the original DRO mandate out to said creditor on more than 1 occasion, as did the company that set up my DRO. But no the pursuant of debt continues...

I have recently raised a complaint with the Financial Services Ombudmans and said creditor contacted me to inform me they would look into my complaint and a few days a go a recorded delivery letter from the company arrived explaining that they had looked into my complaint and their decision was still final i owe X sum and was given methods to pay said sum
So again they are now not listening to the FSO.

The Insolvency service said "The debt listed in the Order is no longer recoverable in any court as following the end of the moratorium period of the Order, you were discharged fully from all liability for that debt." They have suggested i seek "legal" advise.... what more can i do? As i have complained to the FSO. Is there another authority to complain to? If they attempt to take me to court... the debt is unrecoverable so that would be a waste of time...... it's all beyond me and more than frustrating.
and a nightmare as the whole point of a DRO was for this to now be long over......

Any pointers? Shall i just now ignore any further correspondence from the company and allow them to keep selling on the debt and then i keep tell the collection agency the same story.... will they get bored in the end?

Anyone been in a similar position?

Thanks in advance.

fermi

You need to take it to the next stage with the Financial Ombudsman, to make a formal compliant through them.

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

3. give us more details

• you can do that online
• or by filling out our Word or PDF form

The company may have wrongly refuse to uphold your complaint, but that just means it can now go to an adjudicator/ombudsman proper who can make a decision that is legally binding on the company who are being that pain in the a*rse.

When you fill those in you would state that the company has now sent you a final response, and that should allow the FOS to start the next steps against them.

You can also report the company to the FCA, but it's the FOS who can in practice do something for your case if you keep going with that process.

fatbelly

I agree with the above.

It is also worth letting the FCA know that this company is ignoring their guidance. You could use

consumer.queries@fca.org.uk

The guidance is

CONC 7.3.16

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


The only time I have come across this previously was with Rossendales who completely ignored the Official Receiver in regards to a bankruptcy debt. It was only by contacting the creditor who appointed them that they eventually gave up the harassment.

geministar2008

Thank you both for your responses a huge help
I have already forwarded a copy of the letter from the creditor to the Financial Services Ombudsman... so i guess i now await the next stage with them.

I will definitely contact the other organisation too.

Thank you very much