I was declared bankrupt on the 17/06/2008 but have received a demnd from my banks visa credit card this morning stating that even though they know i'm bankrupt they are demanding a payment of £423.88 from me or they will put this debt in the hands of a collection agengy. Can they do this and whats my legal standpoint please....
If the debt is not secured on your property which i presume it isnt they have no legal rights to chase you for the debt. May i suggest that you contact your OR and tell him, he will probably ask you to send the letter in to him. He will then get in touch with the bank in question.
no they most certainly cannot do this. Forward the letter to the examiner dealing with your case along with a letter sating that your BR process is stressful enough without being pursued after BR and asking him/her to contact the creditor concerned.
You could also write back to the creditor quoting your BR number and the date, plus stating that you are fully aware of "Section 40 of The Administration of Justice Act 1970."
Tell them that you know that such harrassment is a criminal offence under the Act so warn them if they write again you will report the matter to the police.
demending letters after bankruptcy
Posted - 12 July 2008 : 11:33:53
