Ask a CCCS counsellor a bankruptcy question

StepChange_Pavan

LadBroke wrote: »

I have been on a “Debt Management Plan” with the CCCS for two months.

Despite me informing all of my creditors in writing that I would enter into such an agreement with the CCCs and that they should not contact me at work as this could result in me losing my job one of my creditors – “Payday Express” – has just done that.

They called today and because their number comes up on a display the whole team can actually see their number and easily “google” it to find out who’s calling me directly.

Is there anything I can do to stop them and prevent any possible / further embarrassment for myself ?

Hi there and thanks for your question.

Your creditors should not be contacting you at work especially if you’ve already asked them to stop.

I’d recommend that you send them a written complaint and include the fact that you could lose your job. If they don’t respond or act upon your request you can contact the Financial Ombudsman Service to make a formal complaint.

This should put an end to the calls at work as they can contact you at home or in writing if they need to.

I hope this helps.

Kind regards,
Pavan

StepChange_Pavan

soontobesensible wrote: »

Hi there, just wondered if you could enlighten me? As soon as a person is made bankrupt how do they manage for money and food if the banks accounts are taken over by the OR or trustee?
Thank You:(

Hi there and thanks for your question.

Bank accounts aren’t always frozen but if they are it’s usually for a short period of time. We recommend that you take out enough funds to last you a few days before going bankrupt.

I hope this helps.

Kind regards,
Pavan

StepChange_Pavan

win123 wrote: »

Pavan

Thank you so much for your reply =- I am with the CCCS on my DMP and must thank everyone there for always being supportive and considerate to our circumstances at this worrying time - I have always had fantastic support from your team on the telephone just worry as my creditors are now contacting me again saying they wqant to review my fuinances as my dmp payments have had to go down a little to save my home - so frightened that one day CCCS will say we can't help anymore as my debt is so large at 19K. So worried that my family will end up homeless especially my poor elderly disabled mother and son. Thanks again for your advice Pavan much appreciated anbd thank the team on the phones as they do a fabulous job always give 100% Thank you:)

Hi again.

Thank you for your kind feedback, it’s always nice to hear and I will pass your comments on

Just to try and reassure you – we will always be able to provide you with help and advice even if it changes due to your circumstances. Try not to worry and like I said just give us a call if you start to struggle.

Kind regards,
Pavan

tigerfeet2006

soontobesensible wrote: »

Hi there, just wondered if you could enlighten me? As soon as a person is made bankrupt how do they manage for money and food if the banks accounts are taken over by the OR or trustee?
Thank You:(

Have a look at the bank accounts sticky as well

https://forums.moneysavingexpert.com/discussion/3582093

pfinance

Please someone Help me with my question.

I went Bankrupt in April 2011.

My house was in negative equity and mortgage and the title was just in my name.

six months after the bankruptcy a friend of mine bought the beneficial interest from Official receiver.

I was discharged from the bankruptcy in April 2012.

My question is:
if I pay a lump sum towards my mortgage and have some equity in the property, will the Official receiver sell the house?

Thanks

stevo1578

Hi there,

Could you help, a member of my family has debt collectors coming to my parents house from the high court. This person has not lived at this address for 20 years, however, this debt collection agency has now sent a letter stating an inventory of what could be collected. My parents allowed this guy to come on to prove that he did not live at their address. Are they allowed to do this and what rights do my parents have ??

Anondebtadvisor

They should not take anything does not belong to anyone other than who owes the debt.

Can you prove the person does not live there? do you know where they live?

stevo1578

According to him he is "sofa surfing". The debt collector quite clearly agreed that he wasn't living at my parents address however today is when they received a letter outlining this debt again with an inventory of their belongings. Would you be saying that they will continue and are allowed to continue "hounding" my parents until we get a forwarding address?

Anondebtadvisor

No its disgraceful the way they are behaving!

They have a code of conduct -

• If the only person present is, or appears to be, under the age of 18 then the bailiff must leave.
• Ideally visits should be made between the hours 6am and 9pm and should not take place on a Sunday, bank holiday unless permitted by the Court; an exception to this could be when the debtor is conducting his business, i.e. works night time only.
• They should not divulge the nature of the visit to anyone other than to the debtor.
• In the absence of the debtor any documentation left should be in a sealed envelope.
• Unless permitted unlawful force should not be used to enter the premises.
• Goods that clearly indicate that they belong to a child should not be seized.
• If goods are removed then the debtor should be given a receipt.
• The debtor should be notified of the fees incurred for each visit and be made aware of additional costs should further action be implemented.
• The value of any goods seized is in proportion to the debt and the additional charges owed.
• If Police are in attendance it is to be explained that they are only there to prevent a breach of the peace and that their presence will not influence or assist with the actions of the bailiffs.

Seems they have breached their code of conduct on a few accounts - do a letter to them and then if you are not satisfied complain.

Your first point of call is to complain to the person who instructed the bailiff, for example a local authority, the county court (if the bailiff is certificated or a county court bailiff) or a trade association.
The majority of private bailiffs will also belong to a trade association, which will have a complaints and grievance procedures you can use. The main trade associations are the Certificated Bailiffs Association (CBA) and the Association of Civil Enforcement Agencies (ACEA).

Contact details as follows:
CBA
Ridgefield House
14 John Dalton Street
Manchester
M2 6JR
Phone: 0161 839 7225ACEA
Chesham House
150 Regent Street
London
W1R 5FA
Phone: 0207 432 0366
Fax: 0207 432 0516
Email: sec@acea.org.uk
Web: www.acea.org.uk

System

pfinance wrote: »

Please someone Help me with my question.

I went Bankrupt in April 2011.

My house was in negative equity and mortgage and the title was just in my name.

six months after the bankruptcy a friend of mine bought the beneficial interest from Official receiver.

I was discharged from the bankruptcy in April 2012.

My question is:
if I pay a lump sum towards my mortgage and have some equity in the property, will the Official receiver sell the house?

Thanks

Hi and thanks for your post.

The Official Receiver has an interest in the property for 2 years and 3 months. So paying any lump sum off of the property and creating equity could mean that the Official Receiver revives their interest in the property and it could possibly be sold.

It’s also worth noting, that if you have an Income Payment Order and the Lump Sum funds are yours (as opposed to a friend or family member) then you must inform the Official Receiver about these funds.

I hope this helps.

Kind regards,

Mat

*Edit
If your friend has bought your beneficial interest from the Official Receiver then the Receiver has no further interest in the property.