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Debt Action Group > Formal Solutions: Bankruptcy, Administration Orders and IVAs

Formal Solutions: Bankruptcy, Administration Orders and IVAs Advice on some of the formal debt management solutions


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Old 15th June 2007, 19:58   #1 (permalink)
caledfwlch
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Default urgent - unknown debts prior to bankruptcy advice

My parents were made bankrupt last year, everything seems to have been sorted, but now they are getting letters from NPower Debt collectors claiming they owe £3000!!!!!

They had not been made aware of this alledged debt at the time of Bankruptcy, so didnt include it in their list, will it still be covered by the Bankruptcy Order? It all seems very fishy, as they paid by monthly direct debit, and I have told them to dig out their bank statements so they can double check, but it seems very unlikely that Npower, who they had not even been with in about 3 years would have allowed them to run up such a huge debt without even one letter of concern, the paperwork included an illegible faded photocopy which very unclearly also names other suppliers they had supposedly been with, and dates, how on earth would a DCA for Npower have that information?

The DCA is I think, Daniel Silverman, they have telephoned them, told them they were bankrupt so go fish, gave them their bankruptcy number and details of official reciever, the DCA needless to say accused them of lying etc etc, so I have told her to fax and recorded delivery a letter also giving the info to cover themselves.

So would this have been covered, even though it wouldnt have appeared in the proceedings, since they didnt even know about this alledged debt until 10 months after taking the plunge?
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Old 15th June 2007, 20:11   #2 (permalink)
powelll
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Default Re: urgent - unknown debts prior to bankruptcy advice

If it was debt accrued before the bankruptcy order was made then yes it's included even if it wasn't on their debtors petition/statement of affairs. Refer these jokers to the OR ( or whoever was the trustee for their bankruptcy ).
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Old 15th June 2007, 20:20   #3 (permalink)
caledfwlch
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Default Re: urgent - unknown debts prior to bankruptcy advice

Quote:
Originally Posted by powelll View Post
If it was debt accrued before the bankruptcy order was made then yes it's included even if it wasn't on their debtors petition/statement of affairs. Refer these jokers to the OR ( or whoever was the trustee for their bankruptcy ).
Cheers Powell, I finally found a similar answer after much googling, so its nice to have 2 confirmations, it seems that this is the reason B'ruptcy is published in the London Gazette to allow creditors the opportunity to put their claim on the estate. The woman on the phone was extremely rude. So I have told my mother again to post the b'ruptcy details and OR contact details by special delivery, and then if they send any more threatening letters she has a case for harrassment and malicious litigation (if thats what its called?)

I think im going to get her to post me the letter she recieved, something just didnt add up somehow, so I shall scrutinise it all carefully, I am wondering if they are trying to make her pay for the people who took over the premises she had been in, or maybe previous tenants. there was just a fishy smell about it.
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Old 15th June 2007, 21:44   #4 (permalink)
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Default Re: urgent - unknown debts prior to bankruptcy advice

It does sound a bit dodgy... or maybe they are just completely incompetent with no knowledge of the rules around bankruptcy!!

Let us know how you get on
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Old 20th December 2007, 00:46   #5 (permalink)
Gingerheid
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Default Re: urgent - unknown debts prior to bankruptcy advice

Make very sure that this is a pre bankruptcy debt. If it is you can if you like ignore them unless or until they commence court proceedings (which would be dealt with very easily.)
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