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WINCHESTER78
Junior Member
248 Posts |
 Posted - 02 June 2008 : 15:38:05
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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?
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Edited by - WINCHESTER78 on 02 June 2008 15:40:10 |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 15:40:51
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Hi winchester78,
Don't worry! The debt will be written off in your BR. The next time they phone, you just need to give them your BR ref number. Therefore, you cannot have an attachment of earnings for a debt that no longer exists!
With regard harassment, I think this comes more under the heading of "sheer stupidity" on their part, so I wouldn't be too concerned!
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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WINCHESTER78
Junior Member
248 Posts |
Posted - 02 June 2008 : 15:45:14
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Hi Julian thanks for your reply!While your online..
I know we spoke about this in previous post about taking out the payday loan so close to declaring BR - but at the time I had no idea I would be going down the BR route.The money was used for livinh expenses.Is there anything they can do?
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 15:49:08
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If i remember correctly, you were paid on Friday (?) and a payment would have gone to them. Is this correct?
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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WINCHESTER78
Junior Member
248 Posts |
Posted - 02 June 2008 : 15:53:16
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I was paid on Friday but didnt pay them any money, it was used for the BR.-BUT- This isn't a loan that is paid off over months, its paid in full on your next payday.
At the point I took out the loan I had no intetion of BR |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 15:56:13
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Hi Winchester78,
This is a tough one to call. Strictly speaking, taking a loan and going BR before you've made a single payment can be constituted as fraud. I would suggest that you make the OR aware of the circumstances surrounding you taking the loan and your subsequent bankruptcy. It is likely that you could be subject to a BRO. How much was the loan for?
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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WINCHESTER78
Junior Member
248 Posts |
Posted - 02 June 2008 : 16:01:34
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I know its tough , but as only one payment was to be made to pay it off , could this of been looked on a favouriting one creditor over another, as I made no payments to any creditor at the end of May.
The loan was £375 incl intreset.£300 borrowed.
Is a BRO/BRA that bad!I dont intened getting more credit for a few years? |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 16:07:28
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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 |
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m and v
Average Member
United Kingdom
760 Posts |
Posted - 02 June 2008 : 16:09:40
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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 |
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WINCHESTER78
Junior Member
248 Posts |
Posted - 02 June 2008 : 16:09:58
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shall I phone the OR or wait until my interview?
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 16:11:41
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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 |
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WINCHESTER78
Junior Member
248 Posts |
Posted - 02 June 2008 : 16:17:11
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| 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! |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 16:22:35
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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 |
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WINCHESTER78
Junior Member
248 Posts |
Posted - 02 June 2008 : 16:24:41
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| THANKS AGAIN JULIAN |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 16:32:30
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No problem. Glad I could help.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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pix1
Average Member
689 Posts |
Posted - 02 June 2008 : 19:29:49
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| 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. |
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Topic |
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creditors talking BullS**t even though Im BANKRUPT
