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    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi Guys,

 

Apologies if this is a previous topic, i've searched the forum for this but not sure the best way to term the search.

 

My wife and I both went bankrupt in 2015

were discharged in 2016

(i should note that we were not married at the time and married shortly after the discharge)...

 

a year later i began looking at my credit record to see how bad the situation was and noticed a few incorrect entries on my file.

i spoke to Experian about sorting out the records who then also wrote to all my previous creditors asking them to update all their records.

 

over a few weeks i noticed that although all the old accounts on my file were still marked as defaulted,

the amounts owing were all changed to £0

i assume because these were written off in the bankruptcy.

This happened on all accounts except 2 of them,

 

these 2 were:

 

 

Shortly after i had contacted Experian the "PRA Group" debt started writing to me asking me to settle the account to "improve my file"

there was nothing threatening just the usual annual account statement that they say they have to send me.

 

I heard nothing from the "Three Communications" debt until last week

when they sent me an offer letter to get the account settled, again "to help improve my circumstances"

 

Curiously i noticed that the three communications account has now completely disappeared from my experian file.

 

I have checked the paper work and both these accounts were in the bankruptcy...

I have some questions about these experiences.

 

1. Wouldn't it be a breach of my bankruptcy to pay these creditors and therefore...

2. Do i have the right to send them a letter back telling them where to get off..

3. Do i have the right to ask them to zero the account like all my other creditors have

so that my defaulted credit balance is now £0 (even if it as compensation for harrassing me)

 

Many Thanks for any help.

 

Mark

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If included in Bankruptcy and they were confirmed as being "Written Off" then i think telling them Foxtrot OScar is the right thing to do :)

 

As for the others, having a friend who went through a DRO - hard to say. I think they should at least be updated to Satisfied i believe...

 

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Agree if included in Bankruptcy and confirmed tell them where to go but also notify the Trustee/Official Receiver that was dealing with the Bankruptcy of this as well.

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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as long as the debts have a defaulted date at or before the BK date

whatever is there is not hurting you nor effecting your score.

 

as for asking for payment.

I would expect this was dealt with direct to three and they've not updated the file.

thus the powerless fleecers know know different either

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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