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just_pingu
Starting Member
2 Posts |
 Posted - 22 September 2009 : 10:41:05
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Hi
After talking to national debtline adviser we both agreed that best option for me is BK. i went to the local county court last week and got the BK pack but have yet to fill it in, though i have been reading through it. MEANWHILE i am getting about a dozen calls a day from one particular creditor for which i am ignoring the calls as scared wat to say, but i want to know is that if i answer the call and tell them that i am going BK then will they stop calling me or will they try and sort bailifts or debt colectors out before i have a chance to sort out the BK???
i cant even switch phone off as my wife in hospital expecting twins so it a nuisance with this creditor calling almost 24/7.
(P.S. creditor is Barclays Partner Finance...... (former Clydesdale Finance)) |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 22 September 2009 : 11:08:11
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The best thing to do is either book a date with the court, or if they are operating a 'drop in' service chose a date on which you intend to declare for bankruptcy.
When the creditor (or any other) rings you can calmly state " I am petitioning for bankruptcy in the....Couty on...... you will find that this has an amazing affect on the creditor and change of attitude to you, they will also update their systems and calls should decrease.
No one should ever have to tolerate more than 3 calls in any 24 hr period - if this happens state to them that the number of calls they have made is classed as harassment and as such you are reporting them to Trading Standards/FSO - you do not have to follow thorugh with the complaint but again this can cease tha calls for the remainder of the day. Another alternative is to change your phone number!
All this will end once you have filed for bankruptcy - so try to do this as soon as you can so that you reduce the stress on the pair of you - you are going to have enough of that with the imminent birth of twins!!! Best of luck in that department!
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
email me at melanienicholas@jonesgiles.co.uk
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 22 September 2009 : 12:06:36
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Hello Richard,
First things first, I hope that all goes well with the birth of your twins - I wish you, your wife, your new arrivals and any other children already in your family every good fortune now and for the future. 
Melanie is quite right, a dozen calls is tantamount to harrassment. You can take an action as Melanie has said, through Trading Stanfards or the Financial Ombudsman - my experience is that they will still continue writing to you though - even if it is with the Ombudsman.
After your children are born, change your landline and make sure that you are ex directory - they will not (legally) be able to get your number then - it does not cost anything to do this - but lets get the children here first! !
If you are engaged in a call to them say what Melanie has advised - they should change their approach. These people, I have to say do not have any sensitivity - I used to ask them do they sleep at night - that sometimes made them pause for a moment!
They may threaten to send "visitors" - the liklehood is that they will not! Even if they do, they cannot distrain against any goods. So relax a bit on that too!!
We have all been where you are and, yes, it is tough, stressful and you think it will never end.
Be sure, it will get better and it will end - you are NOT alone and this Forum is great for seeking advice or just sharing your experiences.
Try to relax and enjoy your new children - they are the most important thing to you and your family
My best regards, Richard
"There are no problems - only solutions..." |
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just_pingu
Starting Member
2 Posts |
Posted - 22 September 2009 : 15:54:29
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Thank you both for the advice here. the sooner the twins are here the better as then i can just switch mobile phone off till after BK.
i dont really want to change my moby number as i got so many contacts on it and would be more hassle trying to tell everyone new number, had same number 10 years.
meanwhile i'll just keep on ignoring the calls. BUT i am wondering that once i've been to court and seen the OR then how soon do the creditors get informed therefore leaving me alone. is it days or weeks etc?
cheers Rick |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 22 September 2009 : 16:54:05
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Hi Rick,
all of the people who post her from my experience are genuine people who are either BR, in an IVA, or an expert. All give their advice in good faith and it is free - I found it a few months ago by accident and have had many good ideas floated and good advive when I have sought it.
As to the creditors being informed - that will almost certainly be weeks (not days). As soon as you are BR if they still pester you, then you can legitimately say I am BR, the case reference is ABC and the court was XYZ. They are not likely to chase you too much after that - I have to say some are really horrid and do still try it on - you do not have to tolerate them though - say to them stop this harrassment or I will reprt you to the Ombudsman or the local Trading Stanfdards department at your council offices - they are very good genearlly and have powers!
From what you have said you do not have a landline? That is a shame as you can change the number free and go ex-directory. I understand what you say about changing a moby - not so easy and not free!
Come back to the forum and if there is anything I can suggest, I am happy to do so. I had a very successful business and thought the end was nigh... It was awful, but it was the right thing to do for me and I just try to keep positive - good luck, Richard
"There are no problems - only solutions..." |
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samanthadm
Starting Member
United Kingdom
27 Posts |
Posted - 22 September 2009 : 22:22:38
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Keep a log of all calls! You can report this harrassmnet to the police. Firstly, use this template to send a letter:
Credotors Address
Reference: XXXXXXXXXXXXXXXXXX - COMPLAINT
Dear Sir,
I am writing further to my letter of ??/??/????, where I formally requested all communication to me in respect of the above account be made in writing.
I reiterate, for future court use I require all communication with me to be in writing. The only method of communication in this matter is by letter. Do not
telephone me again – remove any telephone numbers you hold for me from your systems.
I am aware of Debt Collection Guidelines and believe you are in breach of these as well as possibly in breach of section 40 of the Administration of Justice Act. If the situation does not improve actions through the courts will be initiated without further communication.
The administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor’s agent to make demands, which are aimed at causing alarm, distress or humiliation.
You should be aware that the above Act also allows a borrower to issue civil proceedings, through the Courts and if the claimant is successful then damages may be awarded for any financial loss and anxiety caused by the harassment. If your current actions are not stayed forthwith proceedings will be enacted.
Take further notice that continued telephone calls after receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Continued phone calls to my place of work constitute an offence under the Data Protection Act.
Yours sincerely,
things . . . can only get better |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 22 September 2009 : 22:28:23
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Hi again,
Good strategy - just to say the National Debtline website is excellent - my wife has spoken to them several times and they have been great
Keep on with your approach - as i said my wife (backed and supported by me) are taking on the GIANTS - there are some who think they are untouchable - on firm in particular (that you have on toast or with bacon) are awful - we have a file one inch thick over the last few months
Good luck, Richard
"There are no problems - only solutions..." |
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Sparkle83
Junior Member
258 Posts |
Posted - 22 September 2009 : 22:30:31
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on a (completely pointless) side note, dig out an old sim card/get one from the £1 shops, give your wife the number, and ta-da, they cant get in touch with you... then snap the sim card in half, and send it to them in their pre-paid envelope :D
congrats on the babies :)
Weeks of BR
****5****10****15****20****
(EDREV received and returned at exactly 24 weeks)25****
30****35****40****45****50** |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 22 September 2009 : 22:36:04
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Sparkle
A simple but good idea
Good luck again with you move - I sent a post a few moments ago, Richard
"There are no problems - only solutions..." |
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HiAfter talking to national debtline adviser
