| T O P I C R E V I E W |
| WINCHESTER78 |
Posted - 02 June 2008 : 15:38:05
Hi all- I was declared BR at 11:04 this morning and I fill 2 stone lighter!
Please could anyone advise me according but I think I know the answers:
-A creditor I owe money too phoned today while we was in the court carpark this morning!!They received an email from me on Friday telling them off my intention of filing today for my BR,along with other creditors
THEY SAID "They Judge would not execpt this debt as it was a paydayloan and taken out at the end of April when I knew I was going to go bankrupt".This wasn't the case -towards the end of May was when enough was enough and telephoned the court to get a BR date.
They said what I had done was now "theft"- a bit strong I thought- and could be a police matter.They also went on to say they could apply for an Attachment of earnings order - I know they cant do this now or can they?
Also they have kept phoning my work today-while I wasnt there.Can this be classed as harassment?
Thanks |
| 15 L A T E S T R E P L I E S (Newest First) |
| Helpful Advice |
Posted - 04 June 2008 : 09:56:35
Hi There,
You have followed the correct course of action in telling the OR now.
Their operation is very amateurish, however you tend to find this with the pay day loan companies.
Their course of action should now be to contact your OR, they have an opportunity to make a complaint about the way you conducted yourself prior to your Bankruptcy whereby the OR will investigate and report back.
The decision rest in the hands of the OR as to what the next stage will be. The OR may decide on a Bankruptcy Restriction Undertaking, holding you under the restrictions of Bankruptcy for a period exceeding 12 months, however as pic1 says I doubt this will be a long period.
If they continue to Harass you I would inform them that you will make a complaint to the OFT regarding their conduct.
Harassment of a Debtor is a criminal offence under Section 40 of the Administration of Justice Act 1970.
A complaint to the OFT may spark off an investigation into their company and ultimately could result in the loss of their consumer credit license, which would stop them from trading.
I think informing them of this may stop the phone calls and they can then communicate with the OR.
The police will likely have little involvement as this is a Civil case not criminal.
Kind Regards,
Brett England
Bankruptcy Specialist
England,Jackman & Spacey
WebSite www.ejands.co.uk
View my personal story & blogs at:
http://brettengland.blogs.bankruptcyhelp.org.uk/ |
| m and v |
Posted - 04 June 2008 : 07:40:51
Hi Winchester
I would be tempted to log their harrassment with the police! I can't believe the things they have said - that's just not right.
They are encouraging you to act illegally by paying them. Surely they know after BR you can't pay any creditor.
It sounds like you have your OR on side, the sooner he deals with them the better!!
If their harrassment continues keep him informed.
I would also be tempted to change my phone number!!!
Hope you sort it soon
Vicki x |
| WINCHESTER78 |
Posted - 03 June 2008 : 20:29:15
hi Julian the payday loan company called me three times!They have now contacted the police and even given me the crime reference number.Called the Police and indeed is a valid number - I left the police my mobile number and asked them to call so I can claify the sitution!I spoke to the OR about this for about 30 mins today , he was very supportive and said what they say is "huff and puff".
I faxed the company a copy of the BR order and had a call saying "thanks for more evidence".
My gut feeling is that they are chancing there luck as most calls end from them on them saying "so your not prepared to repay the loan"-I dont know if they are trying to put words in mouth, but my standard reply is "I would repay you but as you know my finances are in the hands of the OR".
To claify they said I obtained a payday loan with them on 30 April knowing that I will be going BR on 02 June.THIS WASNT THE CASE.
Shall I sit tight and let the OR deal with it all?
Ps They are a bit amatuer as they keep asking "have I been arrested yet."and"have a good night in the cells!".Shall I call the police and report there harrasment? |
| JulianDonnelly |
Posted - 03 June 2008 : 11:55:47
Hi Winchester78,
Given the small amount of the loan, it is highly unlikely that the OR would persue a full fraud investigation. Again, I would be totally open and honest with the OR and take it from there.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
| WINCHESTER78 |
Posted - 02 June 2008 : 21:06:27
PRISON? |
| JulianDonnelly |
Posted - 02 June 2008 : 20:18:42
Pix1,
Fantastic advice as usual!
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
| pix1 |
Posted - 02 June 2008 : 19:29:49
Probably not serious enough to do time for. Doesn't look good, though. The OR is more interested in debts which are recent than ones which were incurred a long time ago. Your best defence is contrition and saying to OR the truth which is you were in a spiral of borrowing which you wanted to break out of. That payday co. will not go out of business because of this. If it is only one of these any BRU or BRO would be a short one. More like 2 yrs than 15 yrs. |
| JulianDonnelly |
Posted - 02 June 2008 : 16:32:30
No problem. Glad I could help.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
| WINCHESTER78 |
Posted - 02 June 2008 : 16:24:41
THANKS AGAIN JULIAN |
| JulianDonnelly |
Posted - 02 June 2008 : 16:22:35
Absolutely. I would ignore the creditor for now - they shouldn't be contacting you directly anyway. the OR will write to them and I'm sure they'll make their concerns known at that point. As I said, the OR will decide wether to take it further, so full disclosure is the best option.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
| WINCHESTER78 |
Posted - 02 June 2008 : 16:17:11
I realise this is a grey area-but because of the way the product of a payday loan is designed-there wasnt a way of making a single payment.Only a full payment of £375- which I would of made last payday - but then would have to reborrow from the same company just to have some cash for other bills.At some point I had to get out of this trap! |
| JulianDonnelly |
Posted - 02 June 2008 : 16:11:41
Hi Winchester78,
I would wait until the interview. The Insolvency Service are rushed off their feet, so I would sit tight for now.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
| WINCHESTER78 |
Posted - 02 June 2008 : 16:09:58
shall I phone the OR or wait until my interview?
|
| m and v |
Posted - 02 June 2008 : 16:09:40
Hi Winchester - well done! It's not that bad in court is it?
Sure you could have done without a creditor hassling you last minute!
BRO's just extend the restrictions placed on you whilst undischarged for a longer period.
If you're like me, the thought of further credit gives me the heebie jeebies!
Vicki x |
| JulianDonnelly |
Posted - 02 June 2008 : 16:07:28
Hi Winchester78,
A BRO/BRA will hold you under the restrictions of BR for up to 15 years. I really wouldn't like to call this one, but it can technically be constituted as fraud (which is 6 months at Her Majesty's pleasure), but given your circumstances, it is possible to claim it as an "inadvertance" and get away with a BRO/BRU.
The best advice I can give you is to be totally open and honest with the OR who will decide to take it further (or not).
Sorry there's no definitive answer here, but it is a very grey area. From now on, honesty has to be the best policy.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
