I did indeed but they ignored me.

as they say you need to prove the evidence

 

 

dx

It was not on the bankruptcy petition as I understand it does not need to be as bankruptcy discharges all debts, this was mentioned in this thread.

Re: DWP old debt and bankruptcy

DWP overpayments from then are written off in bankruptcy unless due to fraud.

http://www.hbnotes.co.uk/Portals/3/u1-2012.pdf

doesnt have to be on the petition as is a bankruptcy debt no matter what

Update

I have just received another letter from DWP stating

" As I mentioned in my previous letter we have received no evidence of proof from you that the two overpayments of income support and jobseekers allowance had been included in an insolvency order. Without this specific evidence we have no grounds to consider suspending our recovery action. Could you therefore ask your insolvency practitioner for further advice and forward any evidence to us to enable us to take this issue further"

Any suggestions of how I get them to understand? And please bear in mind this debt is also disputed by me.

Cheers

Not posted for a while and I know the DWP has been done before but my question is on a very old debt (1998) for £493.00

can they still demand repayment even though I went bankrupt on 2006?

They say unless they were specifically named on the bankruptcy petition they can still come after me. I say they can't.

Who is correct?

Cheers

Just an update on this case. I had the mediation and during the discussions sigma said they would accept a lower amount. I refused as I maintained no debt existed. The amount kept going down and I kept refusing. In the end no agreement was made and they have now gone way past the 28 days they had to file a case with the local court.

However the default Sigma have put on my credit record still remains and I have a feeling this will all start up again at some point.

Just an update on this case.

I had the mediation and during the discussions sigma said they would accept a lower amount.

I refused as I maintained no debt existed.

The amount kept going down and I kept refusing.

In the end no agreement was made and they have now gone way past the 28 days they had to file a case with the local court.

I also received a letter saying no further action will be taken.

However the default Sigma have put on my credit file still remains and I have a feeling this will all start up again at some point.

PS I have also put this on the original thread.

I have been successful, in showing that the roll over section of the service contract is not made clear and fully explained to the customer, the applications made for mobile phone accounts on line is particularly a problem, nor is this explained in the providers shop premises.

 

I'm particularly aware of this as I bought a new phone a couple of weeks ago and the Ts&Cs were not explained nor was I recommended to read them before signing the contract.

 

Most mobile account holders think that they can just forget the contract after is reaches term and you can see the problems this can cause.

 

I think this is what you should pursue through the mediation process.

 

I would very much recommend (if you have not already done so) getting a copy of the service contract.

Thank you

Your advice is much appreciated.

It would appear that you have fallen foul of the ''automatic Contract Roll over process often used by mobile phone providers and insurance companies also seen here in a different form with the CRAs free trials which if not cancelled in time automatically roll on to be a paid for account.

Is there a defence against this?

Just a quick update on my fight against injustice. I have a mediator on the case now who is going to call me to try to resolve this case before it goes to court.

The only way you would be able to object to a transfer of obligations from a creditor to a collection agency will be a tripartite assignment based on Novation. That is all rights, duties and obligations are transferred.

 

Assignments of obligations are transferred under the Law of Property Act 1925. When you take out an agreement, a term is inserted into the t&c allowing the creditor to sell the debt if he wishes to a third party.

 

YOU AGREE TO THAT TERM when you sign and execute the original agreement.

 

So for people to object later on is a non starter as you have already given your express consent to any possible transfer or sale of the contract to a third party, such as a collection agency

Thank you for your imput but I seem to remember that this site was set up originally to fight among other things "unfair terms in contracts" And lets not forget their is no signed agreement.

I am no lawyer but I believe there is a law under the fraud act that says something like all parties must be given access to all information. I am sure someone will correct me if I am wrong. I have requested sight of the signed agreement and in particular the bit that states T-Mobile can carry on charging after the contract has finished and the phone is not in use. However this has not been provided.

Now THAT is something i would love to see. Care to state the legal argument and case law upon which you will be relying in the high court in order to win?

 

The simple fact is, ( and you wont like it), if you try any of this FOTL stuff in a court, you will be laughed at, you will lose the case, and most likely incur heavy costs in addition to the debt you tried to evade.

My post above has all the answers you need and in particular this line.

I just believe when a large organisation carry on charging after the end of a contract then sell the alleged debt to a parasite debt collection agency I should have the right to say no.

The original debt was incurred because T-Mobile carried on charging after the contract finished that is why I will win the case. No twaddle just a fact.

FOTL = Freemen of or On the Land a sadly delusional faction that believes that they have no liability for their debts or actions, and foolishly state that if a debt purchaser pay a creditor for an account the debtors liability for the debt is extinguished dangerous and misleading twaddle.

Interesting however I am a 53 year old insurance broker with a stack of monthly bills that are paid on time like most other normal people.

I just believe when a large organisation carry on charging after the end of a contract then sell the alleged debt to a parasite debt collection agency I should have the right to say no.

I can guarantee I will win as I am in the right despite all the snide and smug comments I have received on here.

I came on here as a genuine person asking for help and everything I have said is from other people who have tried to help me, be they right or wrong.

I will let you all know how I get on.

Oh dear...the FOTL brigade are back.

What does that mean?

Indeed so, just have to hope those inexperienced users are not influenced by this nonsense.

Bit harsh mate how is it nonsense to ask for a company to prove a debt exists?

I don't believe you will have any success on this track, Sigma have purchased the account with all the benefits, rights and obligations so you do have a contract with Sigma and YOUR LIABILITY has NOT been paid off, the idea has no merit.

Am i right therefore to assume anyone can claim a debt is owed without proof?

Interesting thread as it is very similar to what sigma are doing to me.

I have taken a different track, I have asked sigma for proof of the debt as I have no agreement with them therefore cannot owe them. I have made a formal complaint about the default on my credit file. Surely they must realise if no money is owed to them how can they register a default? So far they h.ave ignored my letters

Sigma are a disgraceful organisation who make money by fooling people.

If they purchased the debt from T Mobile which they admitted they did then the debt is paid off. Never be fooled into thinking the debt has been assigned, it has not. It was bought at a fraction of the cost, that's how they make money.

Monies due under a contract between Everything Everywhere Limited (T-Mobile) and the defendant for the supply of telecommunications services by Everything Everywhere Limited (T-Mobile) to the defendant account number ********************** the benefit of which was assigned to the claimant on 31/08/2012. The terms of the contract were breached upon the defendants failure to make payments due under the contract. The claimant seeks interest pursuant to section 69 of the county courts act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.02.

Also no letter before action was received.

I have just received a summons in connection with an alleged outstanding mobile phone bill from T-Mobile. However would I be right in assuming that this cannot be enforceable as Sigma are the claimants and have obviously bought the debt from T-Mobile?

I understand that the original alleged debt has been repaid and as I have no contract with Sigma I cannot owe them any money. I am about to fill in the defence bit on the summons so any words of wisdom would be appreciated.

Providing it is requested in writing under regulation 36 of the council tax (administration and enforcement) regs 1992.

That is a corporate regulation not a law.

Thanks for your help.

I was discharged within 9 months and yes it was included in the bankruptcy.

After speaking to Equifax and Experian they tell me I have to take it up with the companies concerned who will then tell the three credit companies. Should be an old man when that happens.

Dear all

I unfortunately went bankrupt in 2007, after checking my credit file it seems Mint and Welcome Finance think otherwise. My account with Mint is showing as defaulted and still in arrears as is my Welcome one.

The question is What should they say?

Thank you

Eddie

Hi,

 

If you or someone you know are having issues relating to their Bankruptcy, can you please post up remembering to remove any personal identifiers for yours/theirs personal confidentiality.

 

Stigman

I may have posted this before but being a general insurance broker and a discharged bankrupt I have felt the full force of discrimination by the powers that be in this country. This being the FSA who has it's strings pulled by their masters at the treasury.

I was made bankrupt over a simple matter in respect of some money it was alleged I owed. I had just lost my job and couldn't pay the full amount back and my offer of payment was refused. This was in 2006, I lost my house and nearly lost my family. However this doesn't seem to be enough to punish me, as a result of my small indiscretion I have not been able to secure a position in the industry I have worked in for over 25 years. I have had to scratch out a living doing various things mainly under the FSA radar. The FSA will not confirm if they are prepared to licence me again without going through a long winded application and passing over £1,500. If they decide not to grant me a licence which I suspect will be the case they get to keep my £1,500. Hows that for treating customers fairly.

Has anyone else had this sort of experience?

This country treats bankrupts worse than child molesters.

Just to clarify I am a general insurance broker and have been for the best part of 30 years. I work in an industry that is full of rules and regulations, do's and dont's. We cannot breathe or fart without the FSA jumping on us. However it seems Budget Insurance are exempt from those rules I have to diligently follow. Here is the problem.

I had a policy with Budget and decided to downsize my car, it was a lower CC and two insurance groups lower. Budget decided that insurance groups don't count and charged me an extra 50% of my premium to change the vehicle. After many phone calls and letters of complaint I decided to go elsewhere at a much reduced premium. Then the bombshell arrived. Despite paying a 20% deposit and two months premiums the bill that arrived was 27% more than was outstanding. Now we all live in the real world and in that real world you pay for what you get despite contracts (unfair ones) or verbal agreements not that there was any.

I have written on several occasions to Budget and indeed their CEO ( who ignored me) but they are sticking to their incredible high cancellation charges. Obviously I will have to complain to the FSA as I do not believe I am being treated fairly and to the Financial Ombudsman. But before I do so would anyone have any other ideas?

Cheers

7.—(1) In regulation 45(1) (distress)(1), for the words from “the authority” to “may” there is substituted “the authority which applied for the order may, subject to regulation 45A,”.

(2) After regulation 45 there is inserted—

“Information preliminary to distress

 

45A.—(1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.

(2) The matters are—

(a)the fact that a liability order has been made against the debtor;

(b)the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;

©a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;

(d)notice that if distress is levied further costs will be incurred by the debtor;

(e)the fees prescribed in Schedule 5 to these Regulations;

(f)the address and telephone number at which the debtor can communicate with the authority.”

Thank you, just what I was looking for.