Discussions on life after your bankruptcy discharge.

Moderators: TalbotWoods, JaneClack

By no hoper
#472153 Hello

I went BR in March 2008 & was discharged in Aug 2008. One of my creds was Monument CC.

In March last yr the BR dropped off my CRA files & I now have a normal credit facilities Inc 0% CC & my file is now squeaky clean with loads of little green lights.

However, just before Christmas I recd a letter from Monument (I thought they no longer existed) saying I was entitled to a PPI refund & was bombarded with calls about this from a foreign call centre. I ignored all this as you can’t claim PPI after BR.

Last week I had a message on my answephone from a company called Creditlink A/C Recovery Solutions (C.A.R.S.) to ring them urgently. Again I ignored this as I thought it was a scam.

I have now recd a letter off C.A.R.S. saying they have traced me (funny as i have never moved) saying I owe their client Jefferson Capital International over £8K. I rang CARS & it turns out this is the debt for Monument. I told them about my BR & that Monument where included. CARS say they have checked the Insolvency Reg & I am not on it. I told the idiot I won’t be as my entry fell off 3 months after discharge. I told him my dets where on The London Gazette & gave him the BR number, date, court dets etc & told them to ring Insolvency Service.

They said they can’t ring them, they have never heard of The London Gazette, & even if I had been BR this debt could not have been included. They said I would have to send them copies of everything or face legal action or a collection visit. I said I was under no legal obligation to do this & that they have broken the law contacting me & that anyway the debt is over 6 years old & no longer exists. I said if they want to take me to court fine I will just present my BR paperwork to the judge & counter sue them for harassment.

However, could they put something on my credit file & **** it up again. I did tell them I regularly monitor my files & would take action against them if they did this. I was thinking of e-mailing them a link to my entry on the Gazette & should I contact the Insolvency Service about this.

Anyone else had this & who licences DCAs.

Once again i am not bothred if they take me to court as it will cost them money & i am bound to win.

Thanks
User avatar
By TalbotWoods
#472154 Morning NH, long time no hear (which is good)

OK legally there is nothing they can do, but it has been known for deb buyers to muck up CRFs.

I do not know why you phoned them, as you just know they will now deny they had any calls, so you MUST write to them, giving them the information in writing.

In that letter you MUST include details of your bankruptcy and discharge, plus make sure you tell them that the monument debt is was included.

You must also inform you want them to confirm in writing that the matter is closed, that they will not attempt to sell the debt on, that they have not and do not intend to mark your files in any way.

Tell them that you want written confirmation of the above within 14 calendar days, that if they fail to so so they WILL be reported to the FCA Licence Compliance Team for breach of the CONC rules, without further recourse to CARS.

You must make sure that you tell them they are legally obliged to inform their client Jefferson Capital International of the contents of the letter, and if at a later date Jefferson Capital International state that they have not received this fron CARS it will result in them being reported to the FCA, even if that is several years later.

Make sure it is sent signed for.

Did you clean your Credit Files afterwards, and did you make sure all the accounts were marked as settled, as this type of debt chasing occurs when accounts are not fully closed post bankruptcy.


And all that aside, how are you actually doing now

Tim
By no hoper
#472157 Thanks Talbot

I contacted the Insolvency Service they where adamant i have no legal obligation to contact the DCA & advised me to contact the O/R who dealt with my case (they gave me the phone number). They have also e-mailed me a copy of my discharge letter (i was missing that).

I then contacted the O/R who said the DCA are prob "trying it on" & they would be breaking the law if they put any adverse info on my CRA files. Also if they took me to court it would cost them money as they would lose & would be prob repremanded by the court. They took the DCA address & are sending out copies of BR dets an instruction to update their files & inform the other parties to update as well & a warning to cease any other action.

I have e-mailed the DCA telling them this & informing them thet are breaking the law. I also sent an attachment of my discharge letter & a link to my entry in The London Gazette. However, i must admit i quite fancy a day in court to humiliate them & cost them money. If it gets that far i can get legal advice off my TU about counter-suing them.

I never had to bother cleaning up my credit files as all the default dates etc where correct & everything fell off bang on the 6 years.

Financially everything is great now. I now have mainstream cr cards (one is actually with one of former BR creds) if need them, i kept the basic bank a/c as i am perfectly happy with it & my CRA files are perfect.

Thanks
User avatar
By TalbotWoods
#472161 Hi NH

Not making sure the account had been closed down (marked as settled/satisfied in some way) was the cause of this. Yes you were very correct in making sure the account was marked as defaulted, but without the settled/satisfied closed flag, the account would have been sold on as a live account.

In this case Jefferson Capital International would have bough the debt in good faith, as a live account, so it is not their fault. They then instructed CARS to chase for payment, and they can only go on what JCI tell them, and that is only based on what JCI were told by Monument (who is now owned by Barclays or rather the old accounts are), so the fault goes over a lot of organisations. and is now just an old unreported live debt account rather than an old unreported closed account.

Pleased to see the OR concurred with the advice already given, and very pleased to see that they had the time to assist you, most offices will not once the Insolvency case has been passed to the archives (which yours would have been after it was closed fully).

So please contact CARS and ask the the JCI account number and deal with them directly, as if you don't, all that will happen is CARS will just hand the case back as we couldn't collect and not tell JCI the reason, so JCI will pass it onto another DCA to chase, and on and on until they are told!

Tim
By no hoper
#472227 Hello Tim

Thanks for the info just an up-date of what’s going on.

The O/R posted out to CARS dets of my BR together with an RRL letter telling them to stop any further action. CARS have e-mailed me to confirm that have my BR dets & have stopped action & are going to inform both Jefferson & Monument of my BR to stop them taking any action in future.

With regards to your info about making sure the a/c had been marked as settled/satisfied in the 1st place. I dug out the oldest copies I have of my CRA files from June 2013 (at that stage 5 years post BR & discharge). These files are from Experian (there is nothing on Equifax or Call Credit). There is no mention at all of Monument. However, their is an entry from a company called Raphaels Bank (CCRT UK). No a/c number is given but the amount outstanding is the same as for Monument on my BR dets & the amount claimed by CARS.

The entry states the debt was assigned to Raphels on 11/10, default date 24/12/07 (before my BR).

The entry is also marked as satisfied. Am I right in thinking that if the debt was marked satisfied it should not have been sold on to Jefferson & then CARS.


Thanks
User avatar
By JaneClack
#472230 No, it should not.

However, creditors do sell books of debt as you know and sometimes these creep in, as do statute barred debts. There is no excuse and you were right to follow Tim's advice and get those credit files cleared up.