Hyundai, debt collector and her Bankruptcy!!

[Boobaby]

I know it sounds like a film, but you're Gonna love this one guys - help needed please??
A friend of mine came to me a month or so ago for some advice knowing I was using this site etc... Thought the problem was straight forward she was paying off an old debt in dispute over liability of the debt, no agreement etc. So I advised her to send off a letter under the CCA enclosing a cheque for £1 requesting a copy of the original agreement and also a statement of charges etc. which she did on the 6th of November, 12 working days from the 8th of November I understand the Company are then in default and she could stop paying them which she did. Then I believe they have a further month in which to provide the information requested if they do not provide the information I understand they are then committing a criminal offence and can be reported to the OFT etc. I think I'm right so far - yes?
Well anyway that's what I was working on, my next question to her then was - If they do not comply within the month limit then the next step would be to apply for the payments she has made to the DCA returned as there is no proof of debt etc.? Still right?

Then the bombshell - My friend then tells me that she was made bankrupt in 1998 and the car that she had finance on through hyundai was immediately reposessed by Hyundai. Didn't think anything more of the problem as she then assumed that the car had formed part of her bankruptcy and ultimately part of her debt. She then met with her Official Receiver and religiously paid the set amount set down by the receiver after house sold etc... 18 months later a Collector on behalf of Hyundai contacted her stating that there was an outstanding amount on the account after the car had been sold for which she was liable. Not knowing how things worked she made an arrangement with DC to pay a set amount, mentioning whilst she did that she was bankrupt and that she thought the car formed part of the estate and that she'd thought Hyndai would have to claim along with other debtors via the Receiver etc.. the DC told her this was not the case and that she was liable. Anyway my friend duly coughed up agreed amount and has been paying to date... Now comes the questions should she now:
1. pursue the debt and claim it back using CCA as above or
2. Contact the company telling them that she should never have been liable for this debt in the first place as the debt formed part of the original bankruptcy estate?
Help please - way out of my depth?
3. If it's No. 1 how then do we go about claiming the payments made to the DC back if they are unable to provide the original agreement etc.. Do we use the templates from Data Protection Act onwards?
Sorry guys
Boo

[gizmo111]

As far as I can see the debt was part of teh bankruptcy - can she contact OR to confirm?

[Boobaby]

Originally Posted by gizmo111

As far as I can see the debt was part of teh bankruptcy - can she contact OR to confirm?

Hi Giz how you doing hun?
I had advised her to contact OR anyway which she has now done will let you know what happens!
Watch this space!
Boo

[gizmo111]

Originally Posted by Boobaby

Hi Giz how you doing hun?
I had advised her to contact OR anyway which she has now done will let you know what happens!
Watch this space!
Boo

I'm fine Boo - long time no speak - sent you a couple of texts 2 weeks ago no reply - was wondering about you?

[Boobaby]

Originally Posted by Boobaby

Hi Giz how you doing hun?
I had advised her to contact OR anyway which she has now done will let you know what happens!
Watch this space!
Boo

Hi everyone, OR contacted as advised. Agreed with the original query which was DC were in the wrong and this debt did indeed form part of the bankruptcy.
Wrote to DC three times - no response.
Followed this up with a letter last week saying papers were being prepared for Court Action which were to be submitted within the next 7 days. Funnily enough letter received this morning requesting a phone call be made to the DC to discuss which was done. They are raising a cheque today
Did suggest interest be pursued but she just wants it done and dusted.

So guys another victory for the CAG - she wouldn't have done it without the advice, the knowledge and the confidence and that's what this site has given her and me - so THANKS AGAIN!!!!