Grrrrr! - Gone BR now Creditors want 'Proof'

limbolegs · 24 September 2007 at 8:11PM

Hi all, thanks to some invaluable advice from reading this forum over the past weeks (not directly - I just lurked as other people had asked most questions I was asking!) - DH and I went bankrupt last Wednesday - It was so not what we expected - we're lucky in that the Court we needed to go to operate a 'drop in' for bankrupts - just turn up with your paperwork - see the clerk, pay your money - come back at 2, quick chat with the judge (only because we have property!) and hey ho - declared bankrupt. :j Had a quick chat with the OR on the phone there and he told us he'll send an appointment for phone interviews this week. All in a day - so chuffed. (forgot to make 3 copies but clerk handled it all!)

... anyway me rambling on... we are BR, we have our bit of paper saying so with the court name, case number and we have the OR's name and number all of which we will offer any creditor who calls and my g*d do they call! - 9pm sunday night, 7am monday morning!!! Grrr, DH answered a call earlier with AT&T for 3 mobile and had an argument with them - they claimed we are supposed to send them proof of our bankruptcy - even though we offered all previous mentioned information and they told us we can't be BR in a day - claiming we had only filed for BR not actually been made BR and that we can't be BR because it doesn't show up on the electoral role as us being BR!!!!!!!

So the question.... Do we have to provide creditors with proof? - am I right thinking that this will all be dealt with by the OR in due course (probably some time next week!).

Cheers

Emma

Lizzibuff · 24 September 2007 at 8:18PM

I found that my BR was logged on the insolvency website within just a few days - try telling them to check that! Might even be worth you checking yourself just to see if its there and then you can say with conviction that you knows its been posted.

I havent as yet been asked for proof but what proof can you possibly give - other than what you've already offered. Sounds like the caller didnt have a clue to be honest and probably just trying to hassle you.

Sorry if that hasn't really answered your question but i'm sure someone else will!! lol

Good luck.

betterlatethannever · 24 September 2007 at 8:20PM

I'm sure someone will correct me if i'm wrong, but i don't believe you have to send proof, but you can quote your BR number (something like *** of 2007, top of your br order form) to them on the phone.
Try telling them this, then tell them they must deal directly with the OR and put the phone down.
The OR will deal with telling all your creditors, though this can take time. I had my OR interview 4 weeks ago, and they have only just started informing the creditors.

fermi · 24 September 2007 at 8:38PM

You are bankrupt from the very moment the judge signs the forms. Any creditors who don't like that can take a proverbial 'run and jump'.

You can 'if you wish' provide proof to your creditors, because as said the OR's are very very busy and can take a while to notify them all.

However, your bankruptcy is a matter of public record and you are not obliged to provide proof to anyone:

Within a day or two (often within hours) the publicly searchable 'Insolvency Register' on the IS website shows your bankruptcy. Creditors such as banks etc know how to check this and are fibbing if they say they don't.
After around 7-10 days your BR details will appear in the London Gazette (again searchable online by creditors).
Plus the BR will automatically be recorded by the Registry Trust, who will in turn update the public record section of your Credit Reference Files.
Finally the OR will write to and inform all creditors.

So in a very short order, creditors will have all the confirmation of your BR they could possibly require and no excuses to continue hassling you.

limbolegs · 24 September 2007 at 8:59PM

Yep! Great advice as usual folks thanks. :T

I think I'll just not worry about and let the BR take it's course, all my creditors will be informed at some point (they were ALL listed on the form) - I will give them the Court name, case number OR's name & number but that's it when they call (or I might just ignore the phone :-))

Cheers Emma :beer:

Toomuchdebt · 24 September 2007 at 9:00PM

Mine were the same..they all wanted the OR's phone number etc..they are finally starting to write and tell me I have gone bankrupt(duh I hadn't noticed-lol)

rog2 · 24 September 2007 at 9:54PM

As already said, you are under no obligation to provide proof of your bankruptcy - the OR will write to your declared creditors, and details will be published, shortly, in the London Gazette.
I did find some of my creditors, especially the Debt Collection Agencies, particularily insistent - almost as if they did not believe that I'd been declared bankrupt.
I had a 'stock answer' for when they called:

'I was declared bankrupt at the Royal Courts of Justice, at 10.33 am on Thursday 26th October 2006 - Case No xxxx. As you will be aware I am no longer, legally, allowed to discuss any alleged debts with you and any further contact, from you, will be reported to the OR as an attempt, by you, to gain preferential status.'

It seemed to work with most creditors - notable exceptions were MERCERS (Barclaycard) who even asked my wife for the name and address of my OR so that they could contact OR directly, and MBNA, who continued, doggedly, to 'harass' me for payment for several months into my bankruptcy.

gratton20 · 24 September 2007 at 10:59PM

I have had a similar experience, when they called I told all the creditors I was bankrupt and gave them the case number. Almost all wanted proof. I told them, sorry thats not up to me, check it online or wait for the OR it is now b**r all to do with me and if you continue to call you will be breaking the law.

So far all have shut up except one ... "get a little extra hassle from the Halifax!" Still sending "reminders" and adding interest ... makes no difference, no IPA, no money!

They will eventually give up. My OR at interview said if they keep calling just tell them to contact the OR and if I feel like it give them the phone number .. if I dont just tell them to look it up!

That bit about it being in the electoral roll is total crap ... it has nothing to do with the electoral roll.

Sorry a bit rambling but its been a long day

LOL

Toad · 27 September 2007 at 10:46AM

I had something similar with one creditor, even texting me asking me to call them regarding and urgent personal matter. Even after informing them twice that I was 'rupt they kept hassling. It was only when i said that if they called again I would contact the police and the OR as I considered this harassment, did they stop.

I think they were MBNA, can't remember for sure.

All the best,
Tony

rog2 · 27 September 2007 at 10:51AM

Toad wrote: »

I think they were MBNA, can't remember for sure.

Sounds about right, Toad. MBNA and MERCERS (Barclaycard) hassled me for almost three months after my bankruptcy.

wherediditallgo · 27 September 2007 at 11:24AM

Fermi & Rog are right - if you tell them the date you went BR, the name of the court & your OR, & your case reference, that's enough info for them to confirm your BR status. You'll be on the Insolvency Register within a day or so of your hearing, so by the time the creditor contacts you, your details will be there for them to read if they wish. Alternatively, they can just wait for the OR to get in touch with them. I had creditors asking me for a copy of my BR order - I didn't see why I should hand that over to anyone. When I told them I had no legal obligation to supply them with a copy of it & they had no legal right to request it, they backed down.

Grrrrr! - Gone BR now Creditors want 'Proof'

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