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 can a person be declared bankrupt by a third party

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T O P I C    R E V I E W
gwynnethl Posted - 27 February 2009 : 19:25:01
can a person be declared bankrupt by a third party [ ie a debt collection agency]
1   L A T E S T    R E P L I E S    (Newest First)
Melanie.n Posted - 27 February 2009 : 19:59:17
This depends on whether or not the debt is being handled by the Debt Collection Agency as a collection agent acting on behalf of the creditor ie a bank - in this regard the creditor, the bank, still hold the debt and only the creditor, the bank, can file for bankruptcy.
However many debt Collection Agencies 'purchase' the debt from the 'creditor' and as such the Debt Collection Agency can petition for bankruptcy as they now 'own' the debt.

Check whether or not they are acting on behalf of the creditor, a quick phone call will do it, and you will know which of the above circumstances is apt.

Hope this helps. Melanie

Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles

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