To respond to bank or not

harold59

Our bank has written to us regarding repaying our overdrafts, which they suddenly withdrew a couple of months back (and which was a major factor in pushing us over the edge to BR). We have been ignoring them until now (not answering phone or letters) but they are now threatening debt recovery action.

Should we continue to ignore them or write back saying we have difficulty and ask for more time?

We are planning to file for BR in about 6 weeks.

mike1966_2

Hi Harold, If it were me i would'nt bother, it's gunna take weeks for them to organize debt recovery. by which time hopefully you will be about to hand your papers in. in the meantime if they send bailiffs round don't answer the door, and do not let them in.

philnicandamy

I'd be tempted to agree....by the time the bank decides to take action against you you'll probably already be bankrupt

Lensman_2

Harold.

Part of my journey from -£1,500 a month to having a surplus involved stopping paying HSBC £800 on a loan and CC. I changed my bank to the Coop to do this otherwise they would have taken that money over any of my living expenses.

It took about 4 months before they defaulted the debts and passed it to a DCA. Despite whatever they say, people from the DCA have no right of entry to your property unless they have a CCJ against you. In fact, if you were to write to them saying you don't want a personal visit, they would be harassing you if they did send someone.

I think you have plenty of time. I would just ignore them.

P.S. Stopping paying those bills was a most liberating experience for me. As you know, I was struggling to find money for food while keeping my debts up to date against the odds. It was then a matter of survival, the choice was made for me really.

Dodger61

Hi Harold, If it were me i would'nt bother, it's gunna take weeks for them to organize debt recovery. by which time hopefully you will be about to hand your papers in. in the meantime if they send bailiffs round don't answer the door, and do not let them in.
Bailiffs will not come round unless you have defaulted on a court order. Debt recovery agencies want payment, its not in their interest to take you to court. Based on your timescale of 6 weeks, you have nothing to worry about.

dreamcatcher73

Hi, I would say the same as the others, as long as you have decided that BR is what you are going to do then don't pay.

I didn't pay my creditors for 3 months before I went BR and the worse thing I got was a few phone calls and a couple of default notices. Just kept telling them I had no money and was talking to CCCS.

mike1966_2

Lensman wrote: »

Harold.

Part of my journey from -£1,500 a month to having a surplus involved stopping paying HSBC £800 on a loan and CC. I changed my bank to the Coop to do this otherwise they would have taken that money over any of my living expenses.

It took about 4 months before they defaulted the debts and passed it to a DCA. Despite whatever they say, people from the DCA have no right of entry to your property unless they have a CCJ against you. Does having a ccj mean that the bailiffs can come in against your will? In fact, if you were to write to them saying you don't want a personal visit, they would be harassing you if they did send someone.

I think you have plenty of time. I would just ignore them.

P.S. Stopping paying those bills was a most liberating experience for me. As you know, I was struggling to find money for food while keeping my debts up to date against the odds. It was then a matter of survival, the choice was made for me really.

Hi all i need this clarified asap :eek: :eek: :eek: :eek: :eek: :eek:

Dodger61

Does having a ccj mean that the bailiffs can come in against your will?
No it doesnt. Bailiffs can only come if you default on a CCJ. DCAs have NO right whatsoever. They can only come to your door by appointment only and as you have no desire to make an appointment, it ends there. Your postman has more rights than a DCA.

Lensman_2

mike1966 wrote: »

Hi all i need this clarified asap :eek: :eek: :eek: :eek: :eek: :eek:

No. A prpoper court appointed bailiff cannot gain entry to your property unless he has already done so, or can do so without breaking and entering. Bailiffs are only appointed by the court if you have defaulted on a CCJ or owe HMRC or Council Tax.

Any other 'bailiff' (e.g. from a DCA) is not actually entitled to enter your property at all.

Hopefully someone who knows more than me will be along shortly.

In the meantime, keep your doors and windows locked. And make sure it is your foot that makes it to the gap first if you open the front door to a knock.

RobertoMoir

mike1966 wrote: »

Hi all i need this clarified asap :eek: :eek: :eek: :eek: :eek: :eek:

Despite the scare stories you read in the papers, real actual bailiffs (as opposed to debt collectors who like to tell scary stories) do have quite a hefty set of rules that govern when they can act and what they can do. Bailiffs from the court acting in regard to a CCJ in particular will follow these rules carefully - while they have a job to do, they have no particular motivation to be unduly aggressive about it.

If you haven't been taken to court and had a CCJ yet, then bailiffs really wouldn't be at the top of my list of things to worry about.

headoutofsand

I would ignore them H. I have timed all this down to a tee. I know not all have. Everything was planned a month or so ago, so no letters and no calls( not that I know of because the phone is switched off). I have now put all the pieces of the jigsaw together and the bank ( in particular) will not know what hit them. I have thought this through like a military operation with no stone unturned, I have now only to execute the plan into action and the first part is done. I have always been guided by two or three words " The detail" and " The timing" both I believe I have correct.

Since I seen all this coming a while ago " Plans were drawn up early" but I have made rash decisions regarding business toward the final outcome. These decisions will have to be faced. If I had followed the original plan then maybe it would have been done and dusted a while ago. It wasn't so a fresh revamped plan was used, the one I am now engaged in. This new plan as above paragraph has the detail and timing.

Goodnight. " Will the last bank in britain switch the lights off"