Hearing Due 07/05/09 - Advice Appreciated

VespaPX125

Hi
I'm new to this board and to bankruptcy - I have a couple of questions I hope you can help me out with:

1. I owe A & L credit card services a shedload of money - I got a very unpleasant call from a rep claiming I had to pay something over the phone - didn't seem to matter how much, just something - I informed him that I had by court date and I would forward A & L the OR details when I knew them, he then went mental;

* If I didn't pay £1500 on the phone it was a criminal offence and I could go to jail

* If I didn't pay £1500 A&L could block my Bankruptcy and take possession of my goods including taking my car off the drive (haa haa, it's on HP) or sell my house (Haa Haa again, it's not my house)

* If I didn't pay £1500 I would be done for using the card in July 2008 (last time used) and last payment October 2008

* They would get a CCJ to arrest wages, bankrupt or not

When I asked him to confirm this in writing his voice went up another notch and he went even more mental, not as mental as when I told him I was recording the conversation (which, unfortunately I wasn't) and he almost had a fit when I told him he could have a copy for an admin fee of £25... My point is this;

* I wrote to them and officialy informed them not to call me (I was getting 5 a week whilst at work and 2 or so a week whilst at home) excluding the missed calls/answer machine message from their automated service (that could not connect me but still left a message) I used the template posted on here

* I am not a debt advisor but I do have a basic knowledge of my rights, however, a couple of things he said made me wonder - if I stopped using the card (cut it up and sent it back like they asked) in July 2008 but continued to pay until October 2008, could that be construed as commiting a fraud? I didn't know I would be filing for bankruptcy but was using credit cards to pay debts

* Can they block a bankruptcy?

* After being officially informed by recorded delivery of the hearing date, do they need to inform any company they try and flog this debt to that they are aware of my upcoming hearing (he was almost speachless when I told him to tell other companies)

Can I expect this obnoxious litte gobsh1te to continue to give me jip once I have declared bankruptcy and is there anything I can do to stop it?

Any advice gratefully recieved
Gaz W

P.S. I will have several other posts as I want to rack your brains before I present my petition

headoutofsand

Hi Vespa (nice scooters) There is really no need to tell any creditors about your impending BR, all it does is send them mental (like your obnoxious little git on the phone) It will cost them an arm and a leg to BR you. You will not go to prison for not paying them.

Welcome to the board. More details please;) You have come to the right place. When are you doing the deed? You need to take professional advice before you go BR see sticky at top of page. Others will be along shortly with expert advice. Don't panic all will be well;)

fiveyearplan

VespaPX125 wrote: »

Hi
I'm new to this board and to bankruptcy - I have a couple of questions I hope you can help me out with:

1. I owe A & L credit card services a shedload of money - I got a very unpleasant call from a rep claiming I had to pay something over the phone - didn't seem to matter how much, just something - I informed him that I had by court date and I would forward A & L the OR details when I knew them, he then went mental; I wouldn't have told them but it must have been fun to get their reaction.

* If I didn't pay £1500 on the phone it was a criminal offence and I could go to jail it is a civil matter, not criminal

* If I didn't pay £1500 A&L could block my Bankruptcy and take possession of my goods including taking my car off the drive (haa haa, it's on HP) or sell my house (Haa Haa again, it's not my house) no they can't do that

* If I didn't pay £1500 I would be done for using the card in July 2008 (last time used) and last payment October 2008 again - no proof that you used it with intent not to pay - that is for the OR to decide anyway.

* They would get a CCJ to arrest wages, bankrupt or not good tell him to go for it. They cannot stand in the way of your bankruptcy.

When I asked him to confirm this in writing his voice went up another notch I'm not surprised! and he went even more mental, not as mental as when I told him I was recording the conversation (which, unfortunately I wasn't) and he almost had a fit when I told him he could have a copy for an admin fee of £25... My point is this;

* I wrote to them and officialy informed them not to call me (I was getting 5 a week whilst at work and 2 or so a week whilst at home) excluding the missed calls/answer machine message from their automated service (that could not connect me but still left a message) I used the template posted on here

* I am not a debt advisor but I do have a basic knowledge of my rights, however, a couple of things he said made me wonder - if I stopped using the card (cut it up and sent it back like they asked) in July 2008 but continued to pay until October 2008, could that be construed as commiting a fraud? Not true I didn't know I would be filing for bankruptcy but was using credit cards to pay debts

* Can they block a bankruptcy? NO

* After being officially informed by recorded delivery of the hearing date, do they need to inform any company they try and flog this debt to that they are aware of my upcoming hearing (he was almost speachless when I told him to tell other companies)

Can I expect this obnoxious litte gobsh1te to continue to give me jip once I have declared bankruptcy and is there anything I can do to stop it?

Any advice gratefully recieved
Gaz W

P.S. I will have several other posts as I want to rack your brains before I present my petition

Hi and welcome. I wouldn't tell creditors I was planning bankruptcy. There is nothing they can do to you in the meantime but of course don't answer the door to any bailiffs if they happen to come.

fiveyearplan

If you do happen to get any CCJ paper through the post be sure to send of the Acknowledgment of Service saying you intend to defend the whole thing. It is doubtful you will get any of these, I stopped paying my creditors 11 months before I got one.

affluenza

How misguided your little gobsh*te is.

Poor little boy will probably miss his targets this month judging by how you describe his increasing desperation and need to lie.

If you get another call like that - either start shouting back and then slowly reduce your volume until both of you are talking normally or even simpler advise him that you really don't want to discuss the matter with someone so ungracious and uncivil and that from now on you will only deal with him in correspondence. THEN PUT THE PHONE DOWN.

Any further calls of this nature will be refered to a solicitor as harrassment. Refer him to section 40 of the Administration of Justice Act 1970 and to the Protection from Harrassment Act 1997.

Incidentally some people don't make the decision to file for BR until a week before they do it - so even though you have been generous, and courteous in advising him; there is no proof that you had planned bankruptcy in 2008 - it would have been a matter for the OR to question if you had maxed out your cards a week to a month beforehand.

Essentially your little gobsh*te is talking out of an orifice not normally associated with speech.

VespaPX125

You are stars :beer:

I knew it was him trying to get something before the BR, however, what really annoyed me was if they come on as heavy with an old biddie or someone who believes their guff..

I asked for a copy of the phonecall (which was meant to be recorded for training and anti fraud purposes) but he refused, he refused his surname and refused to disclose if he was directly employed by A&L

*** Update... as I write I have just taken a call from 'Brendan' from A&L Credit Card Services (same Diddie as last time) instantly antagonistic... I asked him to confirm digits 2 - 5 - 7 - 1 from my account, he refused saying he couldn't give out this information so I informed him he had failed the security checks... Haaaaaaaaaaaaaaaaa now, this is getting fun...... :rotfl:

fiveyearplan

It can be fun but to be honest I don't miss the phone calls.

VespaPX125

I dread the phone ringing as my misses (not married, her house and my debts) is not a happy bunny about the situation - even though it will not impact on her directly (we are financially independant - I pay my share towards house bills she pays hers - my name is not on any of the bills and hers is not on any of the debts), however, I am dreading trying to explain this to the OR as most folks have joint accounts and stuff, we never have - dreading if I need to ask her to write a confirmation letter or start to produce reciepts when I pay my £100 week digs...

Also, another quick question, I have a Vespa PX125 that was SORN'ED 2 years ago when I blew a hole in the piston and wrecked the barrel (the joy's of fitting racing kits to Vespa's), I went to hospital and the scoot went down the A614 on it's side - only really wrecked the barrel/head/piston and the paint down one side - it was brand new when I purchased it, only did 500 miles before I kamakazi'd it - it's in bits in my garage - got the paint, got the replacement motor parts - when filling in the online BR paperwork I have listed it as worth £250 (scrap value) in the 'other vehicles owned' section - they are only £1200 new - should I rebuild it now or hope the OR doesn't sell it? I've just section 90'd my HP car (voluntary return) so I will be almost 100% debt free if my BR goes ahead (owe student loan) so I am trying to argue I need the scoot to get to work (once it's rebuilt) any advice? - should I leave it in bits until after OR interview and keep it on the scap list (will they sell it in bits anyway?)

Ohhh, another thing - my misses has a car she isn't able to use at the moment (she is disabled now with a broken back) it asks if there are any other cars in the household that I could use and ask's a shed load of questions about value, where purchased etc. as stated we are financially independant and I don't know all these details and she will go mental if I ask her - should I just tell her I'll get the bus and not mention car in the forms?

As I write these things more and more questions make themselves relevant... lol

As mentioned above, I have returned my car (or am waiting for the appointment to take it back) I know I will be left with the outstanding finance (I'll add it to the BR), I know they will try and stiff me on the "you've not taken care of the car in an acceptable manner and we are billing you £1000 for repairs" (I'll add that to my BR as well...) What I was wondering was... when I got the car from Ford they only left 6 weeks tax on it - I've just put 12 months on in Feb 2009 and the letter they sent said that the car MUST have tax on it, I want to cash the tax in (about £100 back off it) can I deliver the car to Ford and then take my tax back arguing they only gave me a couple of week on it when I purchased it?

headoutofsand

Hi Vespa. I have the car problem as well. The OH has a car and I am saying nowt, I am on the insurance but it is hers not mine. I also have a Nova which is mine and is like your Vespa scap value. They know about the Nova and are welcome to it. The OR is calling Tuesday and I will tell them it will be uninsured on Saturday and that it will be disposed of on Friday, if they can't decide by then what do do about it.

As for Ford I doubt it;)

Lensman_2

What are they going to do? Have to put it on a lorry at great expense to your bankrupt estate? Oh dear!

The tax disc is yours. In fact I thought it was wrong to transfer it...

VespaPX125

Lens, your a star - will be heading to the DVLA website just to check.... !!!!!!ed if I'm going to give them £100 or so when the [EMAIL="bl@@dy"]bl@@dy[/EMAIL] car cost me £2000 for a new clutch, starter motor and air con pump 23 weeks after getting it (only got 12 weeks warranty with it - gutted) needed it for work so had to get it done

I am a scooterist so I would be gutted if they flogged me scoot - I was told the OR is normally only interested in stuff he can sell for £1000 or so - even if scoot was ok be lucky to get resale value of £400 - book price - LML Star 123cc - 2005 - As New - £525 (insurance write off book price) and mine is far from 'as new' as you can get - lol