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new debt default whilst bankrupt

edited 30 November -1 at 12:00AM in Bankruptcy & Living With It
4 replies 739 views
stevelostevelo Forumite
36 posts
10 Posts First Anniversary
edited 30 November -1 at 12:00AM in Bankruptcy & Living With It
hi I am currently BR and end on march 2020. today I received a call from cap quest saying they had bough 2 debts from Halifax dating back to 1999. one for a credit card for £4k which after saying I was BR the. said it would get closed as statute barred, but the other one for a current account is for £389 and they said it cant be closed as I have a ccj I think . I said at moment I cant pay anyone as I am BR and they said to contact them with a week to make payment or they will chase me for it. it is from 1996 and a court order was issued in 2008 12 years ago. they have bought the debt and have no idea what to do? pay it? or do what? I always thought that after 6 years a debt was gone. anyone help? TIA

Replies

  • edited 15 January at 10:02PM
    sourcratessourcrates Forumite, Board Guide
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    edited 15 January at 10:02PM
    Hi,

    You are currently bankrupt, that means that ALL debts in your name, on the date of your bankruptcy, were included in that bankruptcy, county court judgements are extinguished by bankruptcy, your creditors have no remedy against you, they are lying to you in the hope of a payday.
    I’m a little shocked you don’t know this, you appear to have gone bankrupt without knowing the full facts of what you have signed up to.

    Under normal circumstances a 12 year old CCJ could not be enforced without permission from the court, although judgements never become statute barred, they are expected to enforce it within 6 years.

    Your bankruptcy removes all hope they ever had of collecting on this debt.
    I suggest you put this in writing to them, and don’t ever speak to them on the phone again.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    "I don`t trust Bankers, I don`t trust Banks, and I don`t trust you.........Private Frazer".
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
  • stevelostevelo Forumite
    36 posts
    10 Posts First Anniversary
    thanks yes I was on the understanding my debts were written off but this debt was not included and as it was so long ago didn't realise that it existed and as they readily agreed to close the credit card but chose to press on with the other debt it threw me.
  • edited 15 January at 11:18PM
    sourcratessourcrates Forumite, Board Guide
    22K posts
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
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    edited 15 January at 11:18PM
    stevelo wrote: »
    thanks yes I was on the understanding my debts were written off but this debt was not included and as it was so long ago didn't realise that it existed and as they readily agreed to close the credit card but chose to press on with the other debt it threw me.

    Yea they try to confuse you, but rest assured, bankruptcy is an all encompassing arrangement, it covers all your credit debts, with certain exceptions, doesn’t matter if you know about them or not, ask your OR or National Debtline if your not convinced.

    Stay off the phone to capquest, send a letter as advised, tell them the debt is indeed included in your bankruptcy, and they have no remedy in respect of it, refer them to your OR if they have any more queries.

    See here :

    https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/bankruptcy-2/after-you-go-bankrupt/creditors-still-chasing-you-after-you-go-bankrupt/
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    "I don`t trust Bankers, I don`t trust Banks, and I don`t trust you.........Private Frazer".
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
  • stevelostevelo Forumite
    36 posts
    10 Posts First Anniversary
    thanks very much!!
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