After Bankrupcy

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scotclif

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Post by scotclif » Tue Jul 29, 2008 9:52 am
Question: after bankruptcy can an old creditor still pursue a debt?

The back ground is, I have a collection agency chasing me for a debt, this debt was against a computer that was purchased and during it warranty became faulty, the PC was sent for repair and during this time the company repairing the PC went into liquidation and I was never given the PC back, now after 12 years the finance company are still chasing this debt via a agency even though on many occasions over the 12years i have told and proven to them that I am not in possession of the PC and that the company that provided me with this will have it after they closed down.

During this time i was made bankrupt over a failed company and now have come out the other side from the bankruptcy.

So can anyone tell me where i stand?

Is there a time period when the debt is written off?
Can i still be pursued even though i was made bankrupt?

Thanks in advance.
Scott.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 29, 2008 9:55 am
Did you declare this debt in the bankruptcy, as I assume that it was a debt which was owed at that time? If so, you are now discharged from this debt - and in any case it is outside the statute of limitations which confirms that if the creditor has made no effort to collect the debt in a six year period then it is formally written off.
Regards, Melanie Giles, Insolvency Practitioner
 
 

scotclif

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Location: Czech Republic

Post by scotclif » Tue Jul 29, 2008 10:19 am
MelanieGiles wrote:

Did you declare this debt in the bankruptcy, as I assume that it was a debt which was owed at that time? If so, you are now discharged from this debt - and in any case it is outside the statute of limitations which confirms that if the creditor has made no effort to collect the debt in a six year period then it is formally written off.
Melanie thanks,

It was not declared as I presumed it was written off,

Is there anything legally binding that I can send to the collection agency stating that legally the debt is written off after 6years,

Question: if the debt is written off legally, are teh agencies just trying there luck?
Last edited by scotclif on Tue Jul 29, 2008 10:22 am, edited 1 time in total.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 29, 2008 1:22 pm
Send them a copy of your bankruptcy discharge papers. That ought to do the trick.
Regards, Melanie Giles, Insolvency Practitioner
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