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 Urgent - Quick question regarding Creditors
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carl
Junior Member



115 Posts

Posted - 17 September 2010 :  12:57:35  Show Profile  Reply with Quote
Hello all

I've just recieved a Telephone call from a Loan company who I held a loan with beofre declaring myself BR in August.

They have phoned me at home confirming that the OR has been in touch with them and in there opinion the Loan was taken out by myself knowing that I intended to declare myself BR at a later date. I asked how they could possible know this and the girl I spoke to said it was "obvious"

The girl then went on to say that my BR was not the end of the matter and that they would still be pursuing me for the remainder of my outstanding loan. I asked what this meant and the girl said every legal avenue will be eplored to get the money back (I only owe £650.00)

Does anyone have any idea what this may mean? should I be worried? Do I need to inform the Official Receiver??

I did presume that my BR would stop this until the OR has finalised there work

Thank you

Niobe
Administrator



United Kingdom
4590 Posts

Posted - 17 September 2010 :  13:13:21  Show Profile  Reply with Quote
I would not worry about it - this is a call centre and they are mostly bullies.

Speak to the OR, but as far as I am concerned, you have nothing to worry about and let them try to do their worst.

They are just trying it on.


Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.

Jan
xx
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Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 17 September 2010 :  14:22:35  Show Profile  Reply with Quote
Creditors are allowed to pursue debts and obviously this can be stressful.

HOWEVER IDIOTS like this only go to giving the Banks a bad name. They are having a hard time with PR as it is without uneducated twits .

hold your ground , leave the phone on the side while they rant and get on with your life. When they have finished say something like

"For training and security I have recorded this call"

i suspect they will hang up quickly.



Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
08454 751 851

Real People ..... Real Debt Solutions
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 18 September 2010 :  14:08:35  Show Profile  Reply with Quote
Refuse to answer the security questions, they cannot continue with the call if you do that.

I would also think about possibly changing your phone number and going ex directory if the calls continue.



Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.

Jan
xx
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Bigal4787
forum expert



United Kingdom
641 Posts

Posted - 19 September 2010 :  08:46:14  Show Profile  Reply with Quote
Carl,
As long as that particular creditor was declared as a creditor in your SOA, then they cannot lawfully pursue the debt. As Reviva said, you will get creditors who will "try it on" to get you pay something that you don't have to,remember these people who call you are on commission to get people to pay up.
By the sounds of it, this was a pay day loan or similar,I used to take the view that, when you did take the loan out, you were desperate to pay for day to day living costs, not fund a weekend away in Spain!
As for them complaining to the OR, even if they did, the examiner has to complete a matrix to establish what the PI(public interest) score would be to justify following the complaint up, in your case I doubt whether it would get anynwhere near the threshold.

Big Al
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debtinfo
forum expert



2826 Posts

Posted - 19 September 2010 :  09:00:28  Show Profile  Reply with Quote
I should just mention for completeness that there is one way that the debt couldnot be written off by the bankruptcy and that they could continue to pursue it.

If they can prove that the debt was incurred through fraud then the debt will not be discharged when you are.

When i say prove i really mean prove, they would have to goto court to do this, ie they cannot simply state that it was and make you pay. This is very rare and i dont think i have ever seen one for the small amount you are stating but i thought i should mention it as this is probably what they were hinting at as a way of tricking you into paying.

Anyway even if they did go down this route they have no right to ask you to pay until/if it was proven so like the others say they are just chancers
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