letter from DCA after Bankruptcy 3 years ago

[flo5]

Hi,

My husband was made Bankrupt in May 2009, discharged a year later. We have recently received a letter from CCS Collect regarding a debt that they have from Capquest relating to a T-Mobile account from June 2008 which defaulted in September 2008. (long story dtr been given money for phone contract but not paying bill)

Now l think l recall (however, my memory is not reliable old age in settling in) that debts up to the date my husband was made bankrupt are included in the bankruptcy ( l know there are a few exceptions)cannot be repaid at any time following the bankruptcy.

Can anyone advise or point me in the right direction

Many thanks

[Riz]

Re: letter from DCA after Bankruptcy 3 years ago

Now l think l recall (however, my memory is not reliable old age in settling in) that debts up to the date my husband was made bankrupt are included in the bankruptcy ( l know there are a few exceptions)cannot be repaid at any time following the bankruptcy.

That is correct. The debt is covered by the bankruptcy.

[flo5]

Re: letter from DCA after Bankruptcy 3 years ago

Wow. thanks for super quick reply.

I will now reply to CCS with confidence.

Many thanks

[Riz]

Re: letter from DCA after Bankruptcy 3 years ago

They may try to spin a line of nonsense that only debts listed on the statement of affairs for the bankruptcy are covered.

That is rubbish, but these DCAs do try it on.

Creditors 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 covered by 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 directed towards myself from your company regarding these accounts is reported and forwarded to themselves, and that continued contact 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.

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.

We await your written confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully

[Riz]

Re: letter from DCA after Bankruptcy 3 years ago

Oh, and send a copy of the letter you received and your reply to your husband's former OR.

[flo5]

Re: letter from DCA after Bankruptcy 3 years ago

Again many thanks.

I have been away from this site for a while and recently came back, l am one of those people who finds it hard to ask for help so this forum has been a godsend to me. I have seen several names that l remember from when my husband was made bankrupt whose support helped me through those dark days.

A brilliant site and people who moderate and contribute to the various forums.

I for one would be totally lost without this help, support

My grateful thanks to all of you

[SXGuy]

Re: letter from DCA after Bankruptcy 3 years ago

I was bankrupt in April 2004, discharged 2005.

Any debt before date of bankrupt is covered, whether it was mentioned at the time or not.

There are som circumstances where contracts that are not cancelled till after the bankruptcy date, will only wipe the debt before the date of bankruptcy.

I had an issue with a shop i was under lease with, when i was made bankrupt, the landlord should have ripped up my lease that date, however they didnt until 4 weeks after, and as a result, i was found liable for non domestic rates between the date of bankruptcy and the date the lease ended.

But this wouldnt happen in your case.

I would like to mention though that the insolvancy service care less whether a DCA is chasing you or not, once their responsibility has been disolved, i.e discharged, they very rarely do anything for you to help.

Id advise sending that letter above, and ignoring any futher letters.

[IF]

Re: letter from DCA after Bankruptcy 3 years ago

Hi flo5 and welcome to the BR board. I would clean up your credit files too. You'll will need to get all three credit files and make sure that:

- The default date is on or before your BR date.
- The current balance is marked as settled/satisfied in some way.


Experian - Click here

Equifax - Click here
NB: Equifax was the only one that I couldn`t order online, print off the application form and post this recorded delivery.

Callcredit - Click here
NB: Others have had trouble here too, they would rather you pay £12 don’t do that just print off the application form and post this recorded delivery too.

They are £2 each for paper copies. Some people have used the online one's and have said the information was very poor compared to the paper copies.

If you have any problem, come back and we will help you all we can.


Best wishes
If...x

[philnicandamy]

Re: letter from DCA after Bankruptcy 3 years ago

Flo its worth as IF said having a bash at the credit file cleanups its pretty straightforward but shout if you need a hand

in the end it'll be worth it & should stop anything like this happening again...as some DCAs buy up the debts and will try & lean on someone to see if they can get a bit of cash!

[Riz]

Re: letter from DCA after Bankruptcy 3 years ago

Hi flo5 and welcome to the BR board. I would clean up your credit files too.

Thanks IF. Should have mentioned that.

Doing that may well help prevent a re-occurrence of these things being sold on to DCAs.

[flo5]

Re: letter from DCA after Bankruptcy 3 years ago

Thanks to everyone for the helpful replies. I had not thought about our credit files but will look into this now.

Thanks for the links and guidance.

[IF]

Re: letter from DCA after Bankruptcy 3 years ago

Your welcome and Phil is doing a new credit file clean up information thread so have a read of mine as I'm in the middle of doing it:

--------- > Cleaning up my credit files!!! - allaboutFORUMS


If...x