Tawnyowl -slow acceleration to bankruptcy

[Tawnyowl]

Thankyou so much Tilly for your kind and allways supportfull posts.I also keep beady eye on your threads and what you are upto-particularly the bear garden.Racing etc-mmm.Tilly have a read of the link at the end of this post and try to guess what im upto.I know you have been through it.Also on the MPSexspense thread the tune i put on there you didnt say if that was you.Take care.Heres the other link. http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/201672-mmm-we-finally-getting.html

[Tawnyowl]

Well old Tawnyowl went bankrupt a few years ago now and was very happy to do so.The stress that debt gives you is hard to describe.

When circumstances change and everything goes pear shaped and the DCAs and CCJs Charging orders and doorstep collecters,endless phone calls come your way, bankruptcy when you accept there is no alternative can be a lifesaver.

Now this morning i was having my tea and toast when the postman arrived with a brown envelope.

Well old Tawny is recovering very speedily from a recent heart attack.I feel i am anyway time will tell.

I opened the envelope and was very surprised to find a CCJ claim form from Northampton County Court.

Claimant is Robinson Way Ltd Salford M50 2ZY.

Seems Abbey National must have shunted the debt to them after my bankruptcy.This debt was included in my bankruptcy.

The debt with interest has now doubled.

I am a bit rusty with the bankruptcy forum and would like to know the best way to deal with this.

I really would like to send Robinson Way a suitable reply especially after ruining a fine breakfast.

There must be a letter somewhere that will liven a dca such as them up a bit.

Any one with any ideas.I will be delighted to hear from you.

It does say i can reply to this claim online

[toddle2u]

Tawny sorry to hear of the heart attack and the ruined breakfast! Hope your on the mend now. You could adapt something to send them from this letter below. Also you need to put a defence into the claim stating that it was included in your BR and therefore you are not liable for it and ask for the case to be dismissed

 

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 included in my bankruptcy which commenced on .

 

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 County Court, and the address of the Official Receiver is below.

 

A copy of the bankruptcy order is enclosed for your convenience.

 

Please note that the Official Receiver has requested that all future contact from your company regarding these accounts is reported and forwarded to themselves, and that continued contact with myself 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.

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

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.

 

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

We await your written confirmation that this matter is now closed and you have withdrawn your case and that a Notice of Discontinuance has been applied for.

 

We look forward to your reply.

 

Yours faithfully

[Tawnyowl]

Thankyou toddle2u

A suitable reply will soon be winging its way to all involved.

Will update with outcome as it happens.

Thanks again.

Tawnyowl.