bankrupt dept resold??

[scaredpassenger]

Hi there, i went bankrupt in may 2007, this year in january i received a letter from a company called aktiv kapital, advising that they were the collectors for halifax for the sum of £**,***, bla bla bla, basically the dept in question was part of my bankruptcy which was settled in may 2008, I've had 5 or 6 letters since, and I've repeatedly told them i went bankrupt, and that the halifax sum was included in my bankruptcy and gave them the bankruptcy details

 

are halifax allowed to have done this???

[dpick]

Seems to be standard practice these day pass letter on to your appointed receiver for the bankruptcy to deal with.

 

dpick

[caledfwlch]

As the debt has been cancelled by BR, and they have been informed, I would suggest they are flirting dangerously with the anti Harassment laws...

[scaredpassenger]

I have found the contact extremely distressing as the last 12 months for me and my wife have been frankly devastating, I'm at my witts end!!

[caledfwlch]

I have found the contact extremely distressing as the last 12 months for me and my wife have been frankly devastating, I'm at my witts end!!

 

In the Library section there should be a Harassment Letter Template to edit to suit your circumstances.

 

I would make a complaint to the OFT etc too.

[debtinfo]

Just to be clear for everyone regarding the rules, it is perfectly fine for a comany you have a debt with to sell that on to another company even after your bankruptcy. Remember that whilst a debt to you it is an asset to them, regardless of the value of that asset and the bankruptcy does not wipe the debt out it just discharges your responsibility to pay for it. If they do sell the debt on it is again fine for them to inform you of the new holder of that debt.

 

BUT

 

What it is not ok to do is to chase you for payment, that is where the line is drawn, the new owner of the debt has all the same responsibilities (such as correctly reporting to the credit reference agencies) as the original owner did and is bound by all the same regulations regarding the bankruptcy status as the original creditor

[scaredpassenger]

but whats the point in them buying a debt that has been long since settled?? over 4 years ago?? p.s they have added nearly £5,000 in charges to the original debt by the way!!

[caledfwlch]

but whats the point in them buying a debt that has been long since settled?? over 4 years ago?? p.s they have added nearly £5,000 in charges to the original debt by the way!!

 

There you have it. Probably hoping you don't know your rights, and are incapable of googling and finding the CAG!

 

I would just send them a letter stating its covered by BR, so F off - using those specific words, and include the harassment letter. Tell them your going to the OFT etc too.

[scaredpassenger]

oh right, lol, ive sent them plenty of letters regarding harasment etc, perhaps just going to oft and sending them a copy will do it!?!

[debtinfo]

your probably in danger of thinking that somebody in their company received a big file of your documents, spent 3 months going through them with a fine tooth comb, organized a meeting with their other co-directors with wallcharts and power point presentations and after many cups of coffee and long nights finally decided to buy your debt.

 

 

Im afraid your not that important, what probably happened is this company bought a batch of thousands of old dusty cases of a bank probably all transfered at random with a single click of a mouse button for a tiny fraction of their face value. The original bank is happy because they are finally off their books and the new company is hopeing that one of cases may have some residual value for instance if the bankruptcy pays out an amount a long way down the line after assets are sold, this is unlikely on any single case but if you buy up thousands its the basis of a business. (for instance there are still some cases from the 1990's that are yet to pay out as they include pension assets from before the rules changed)

 

I liken it to the sort of people that routinely buy up lost luggage from the airports without ever seeing what is in the cases in the hope that some will have something valuble in them