Threat of Court Case straight after bankruptcy discharge

[VODRANGE]

Hi, (sorry, title should be "threat" not treat)

 

I was made bankrupt in June 2010 after my business failed (retail) due to the recession. All my debts were directly from the business and I had an excellent previous credit record.

 

A phone company have been ringing and sending letters since March, despite being told by the OR about my bankcruptcy.

 

Last night someone from a debt agency rang and asked if it was true I was looking at an early (1 year) discharge, I said yes as I have complied fully with everything and worked with the OR to settle things quickly.

 

He then told me that the minute I am discharged they will be after me for a £1,000 debt (initialy £260 in February when the business closed).

 

The debt is named on the Limited Company which I had registered in the hope to help ease the money situation last year, it didn't and the Ltd Company was never used or got off the ground. My Manager and I are liable for no more than £1 with this company; but there is a 2nd problem I don't know who to ask about.

 

I had my companies set up by a so called well known professional company; In March I asked them to close the company as it hadn't traded. I paid for them to do this, they didn't do it. I contacted them again and again, then in August they sent me the forms to close the business with companies house. They still haven't done it and apparently I now can't close it as there is an unresolved debt on it. Does anyone know how I can get help?

 

Many thanks,

Edited December 24, 2010 by VODRANGE
I spelt part of the title wrong

[sillygirl1]

Refer the debt collecting company to your official receiver, they should also be able to help with the closing of the company.

 

As the debt was included in your bankruptcy they CANNOT chase when you are discharged, if they do you report them to the official receiver.

[VODRANGE]

Thank you so much for your reply, that has set my mind at rest a bit so really appreciate you taking the time.

[sequenci]

Was the mobile taken out in the name of the business or yourself personally?

 

if it is the latter then SG is quite right - as the liability for the debt arose from prior to the your discharge.

 

If it's the first then you're not personally liable anyway.

[nottslad]

If the debt is your personal liability, the DCA are breaching the Insolvency Act 1986 and could be viewed as being contempt of court, and end up in serious trouble.

 

And with regards to strike off, if there are no outstanding liabilities it is a simple form called DS01 that needs to be sent to companies house in cardiff to do this. As long as there has been no trading in the three months prior to applying to strike off and there are no debts you should be fine.

 

Do this with companies house directly, it only costs £10

[VODRANGE]

Thank you all so much for taking time. It was a company landline phone.

 

I have been to company house and see that they have Status: Active - Proposal to Strike off - on the records so I have done the necessary to sort that bit out at least.

 

I really appreciate your help, thank you

[boston3603]

Hello!! Don't do anything other than send a copy of any letters to your receiver and notify them by letter or email of any threats. You owe nothing as from the second you were declared bankrupt. That's it forever, they are trying their luck. We had this problem also and I still get the odd letter as a reminder you know, which reeeeeely annoys me, but no-one can get anything out of you. Being discharged does not mean the debts come back. Take care

[VODRANGE]

Hi Boston ,thank you for your message, it can be quite scary at times can't it? I emailed the insolvency practitioner who first helped me, for advice about this and he said that they are acting illegally and I should refuse to talk to them and direct them to the official receiver. So, everything you all said to me is very helpful.

 

I hope you all have a happy new year.