Informing Creditors of Bankruptcy

If you are filing for BR soon, does it really matter what they do? Once you are BR they will have to deal with it. If it is going to take a while, you can get a court date and give them that.
In my experience, telling them does no good. We went BR 1 month ago and I have told Next 7 times (since BR) and they still call.
The bank still write letters. So it will probably cause you more grief and anguish to try to contact them all and be attacked by them.
Best way forward is to get a date for BR as soon as poss.

Apart from changing your number or getting caller ID so you can avoid them, not really much you can do to stop the calls I'm afraid but don't worry about not not paying them, they WILL call, they WILL write but as Vixen said, does that really matter? Annoying, yes I understand.

You can tell them you are filing for BR, they probably won't believe you and they'll probably still contact you but just take lots of deep breaths and know that it'll be over soon enough if you go BR. After that, you just give them the OR details and tell them to contact them if they need anything. It's illegal for them to demand payment once you've been declared BR so you can tell them that in that instance and then put the phone down.

As for having to get an accountant to tell your creditors you can't make any further payments? What utter tosh. *If* you are that bothered about telling them then you can easily get a sample letter from https://www.nationaldebtline.co.uk and adapt it to include about filing for BR, if you want to tell them that but really, you don't have HAVE to tell them anything. Just cease paying them, most here do.

Lastly, as for the CC company saying they'll persue you. They probably will but what's the worse they can do? They won't want to take you to court, it'll cost them more money and even if they do, so what? You are going BR so what's the worst outcome? A CCJ that'll then be included in any proceedings but don't fret, it's highly unlikely to get that far, they can't be bothered with that. They prefer to act all big and heavy and get you scared so you pay up.

If you have not yet requested that all communications are in writing and you are not yet BR, you can send them this letter:


Dear Sir / Madam,

Re account ref


I am writing to you to inform that I request all communications to me in writing. I do not want any further telephone calls made to me.

To continue to contact me by telephone after I have requested you not to constitutes harassment. I require all future communications in writing for future Court use. Do not telephone me again – remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter, an official complaint, together with a log recording the times and frequency will be passed both to that office and to Trading Standards, For your information, all telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’. In that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint to the relevant authorities will be made.

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.

Communicate in writing and ONLY in writing. Your telephone calls will not be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust I have made myself understood on this matter.

Yours,



If you HAVE already requested that all communications are in writing and you are not yet BR, you can send them this one.

By Recorded Delivery

Dear Sir,

Ref. XXXXX

Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust that I have made myself understood on this matter,

Yours faithfully,

---

Once you have gone BR, you can give them the details of your case & tell them to contact the OR, as it does take time for the OR to contact them all. However, if they continue to call you after being informed, report them to the OR & put the phone down. If they write to you after being informed, send the letters to the OR (keep a copy for yourself).

WDIAG


spot on
:beer:

wherediditallgo wrote: »

Basically, if such a company receives a written complaint & doesn't deal with it properly, you can make a complaint to the Financial Ombudsman. You must have gone through the company's own complaints procedure first. Assuming that applies, the company can be fined £400 per complaint as of 6 April 2007. It's worth noting that if a consumer-credit business fails to follow the rules regarding complaints handling, its eligibility to hold a consumer credit licence may be affected. You can get more info about it on the Financial Ombudsman's site here.

Fantastic advice.

But I should stress that the Financial ombudsman can only deal with matters that occur after 6/04/2007, with regards to consumer credit matters. Therefore make sure that you have some dated correspondence.