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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 20:18:42
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Pix1,
Fantastic advice as usual!
Regards
Julian Donnelly Spokesperson for www.Bankruptcyhelp.org.uk |
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WINCHESTER78
Junior Member
248 Posts |
Posted - 02 June 2008 : 21:06:27
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PRISON? |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 03 June 2008 : 11:55:47
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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 |
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WINCHESTER78
Junior Member
248 Posts |
Posted - 03 June 2008 : 20:29:15
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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? |
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m and v
Average Member
United Kingdom
760 Posts |
Posted - 04 June 2008 : 07:40:51
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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 |
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Helpful Advice
Average Member
United Kingdom
646 Posts |
Posted - 04 June 2008 : 09:56:35
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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/ |
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