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| stonecoldbroke |
Posted - 14 September 2010 : 07:08:30
Good morning all
My hubby was made bankrupt sept 2009 and will receive his automatic discharge at the end of the month. Last night he received a phonecall from a company called "Apex" saying they had bough one of his debts (not sure who from) and were hassling him to repay stating the usual threats. Where does he stand? Why are companies allowed to sellon debts when they know you are bankrupt. Really worries that this will all start again when we are so near to the end of all this. I was made bankrupt last December and was lucky enough to receive ED in May and I have had no problems at all. He has been receiving constant calls from one of his creditors all the way through and had to tell them over and over again about his bankruptcy, so I dont know if its them (Barclays) that have sold on the debt, anyone got any answers or advice?? |
| 5 L A T E S T R E P L I E S (Newest First) |
| stonecoldbroke |
Posted - 15 September 2010 : 06:31:36
morning all and thank you for your replies.
Apex have been told hubbys BK details etc on numerous occassions and he now knows they are acting on behalf of Barclays ... just as we thought! Yesterday he had a total of 5 phonecalls and 2 text messages from them.
He is going to ring the OR today to advise them of what they are doing so we will see what happens next. Thank you for your advice it has been,as always, very helpful. |
| Bigal4787 |
Posted - 15 September 2010 : 00:23:32
Companies like Apex are trying it on, in the hope of intimidating some people in paying up when they do not have to, if there is any paying up to do, it will be in the form of an IPA, or recovery of assets.
If this company, or any other continues to harrass you for payment, then as stated in previous posts you should advise them of the bankruptcy reference number, date and court of bankruptcy and the OR's office dealing, they should be told to contact the relevant OR's office in future.
If after this they still persist, then keep a record of when they were told, along with any other contact be it letter,phone etc, and advise them that if they continue, you will make a complaint of harrassment under the "protection from harrassment act 1997" to the police, as it would fulfil the element of "alarm or distress" .
Also consider the OFT(office of fair trading), and trading standards. A bit long winded, but hope it helps
Big Al |
| gettingoutofdebt |
Posted - 14 September 2010 : 09:52:40
All debts should be included in the BR. One of the reasons for the BR being advertised in the London Gazette is that creditors can see that the debtor has declared BR and they should contact the OR to receive any monies available i.e. via an IPA or assets being sold, etc. |
| moodybluetwo |
Posted - 14 September 2010 : 08:22:44
This situation has come up twice in recent posts....so just for the record...do undisclosed (forgotten) debts from before BR remain debts..or are they also included in the BR ? |
| gettingoutofdebt |
Posted - 14 September 2010 : 07:49:40
When the company call take down all of their details i.e. who the debt was bought from, the amount, their contact details, etc. Inform them your hubby is BR and give them your BR details (BR ref no., court and OR details) and then forward their details to the OR.
If the debt was included in your BR then there is no reason that the debt collection agency should be calling you. You could also make a note of the times the company calls and forward this on to the OR as well to show how persistent they are in spite of your hubby telling them you are BR. |
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