equita bailiffs threatening prison!

Firstly, I was made bankrupt on 18th December, 2007.

I sorted all the paper work out, and spoke to the OR.

One company, equita bailiffs have been hassling me constantly.

They have said they will enter my home without my consent, the phone calls are awful.

My OR has faxed the bankruptcy order thru 15 times, and they will not acknowledge that I am bankrupt.

I am getting stressed now.

Today I have received a letter saying that I will go to prison if I do not pay.

I know it is manipulation but if they do not even listen to the OR what is next?They will not put me thru to a manager on the phone, and just tell me to write complaints in, but that they will get ignored anyway.

ANyone with any advice?

TIA, Mpandrich

Comments

  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Name Dropper First Anniversary First Post
    Hi MP, I found the following advice for you:

    "If you feel you are being harassed, you can take the following action:
    Write to the creditor and tell them that you are familiar with the terms of Section 40 of the Administration of Justice Act*. Demand that they take immediate steps to avoid future harassment by their representatives. If you have received threatening telephone calls, tell them that you will record any future calls and send a transcript to the local Trading Standards Officer. Tell them to contact you by letter only, and that they should confirm their agreement to this in writing.
    If you feel the need to make an official complaint regarding a creditor or debt collector, this should firstly be made to your local Trading Standards Officer. If Trading Standards will not act, contact the Office of Fair Trading. Do it in writing</U></B> and send copies of all letters to your creditors and any debt collection companies and / or solicitors acting on their behalf. Also send copies to your MP, and let your creditors know that you're doing all of the above."

    *S40 Punishment for unlawful harassment of debtors.
    1. A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-
      • harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
      • falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
      • falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
      • utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.
    2. A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”
    Seems like you need to get letter writing.

    HTH
    Accept your past without regret, handle your present with confidence and face your future without fear
  • maxmycardagain
    maxmycardagain Posts: 5,747 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    inform whoever they are acting for of their behaviour

    and that it is illegal

    theyve bought the debt for 10% and cant face losing
    Now we all know how it felt to play in the band on the Titanic...
  • You can send these letters to stop the calls from the creditors/DCAs or anyone acting on their behalf. There's legislation in place that can heavily penalise a company who gets such a letter & ignores it.
  • Broken_hearted
    Broken_hearted Posts: 9,553 Forumite
    Change your phone number.
    Barclaycard 3800

    Nothing to do but hibernate till spring






  • jacnorm
    jacnorm Posts: 410 Forumite
    I agree change your phone number its free the first time you have to change it. Jacqui
  • Herbie21
    Herbie21 Posts: 562 Forumite
    mpanrich

    I should add that Equita CANNOT have any influence whatsoever on committal proceedings and neither can they recommend this.

    Committal proceedings are for a Magistrate Court's to rule on....and NOT a firm of bailiffs !!! This is a very common statement made by bailiffs with the intention of scaring you....and it worked !!!

    If you have any questions, please do let me know.

    Finally, I am not clear whether your OR has been in touch with the firm of bailiff or the individual bailiff himself. You MUST address all correspondence to the company.
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