Debt Collectors Threatening to Visit House

Bohemian_Raspberry

SkintYokel wrote: »

Sometimes this will actually make things worse

If they know of impending BR they often step up their campaigns to try to get something out of you before the deed is done and they risk getting nothing.

Tell them you are taking financial advice from one of the professional bodies (NDL, CCCS or CAB) and will be in touch when they have formulated a plan for you. If you have not taken proffessional advice I strongly suggest that you do so as soon as you can.

Yeah I know Skint, we've been careful just to tell creditor's who are chasing small (well compared to some of our other debts, I'm talking about companies like Sky who are trying every method possible to get £47 quid out of me) who are insistent that we pay up. We've only been doing it this last week or so as our BR hearing is in 2 weeks now and on the advice of NDL who had me on the phone in tears last week over all these phone calls.

It's quite funny really as the companies we owe less money to seem to do more chasing than the one's we owe thousands to!

Runningbackwards_2

I am waiting for an appointment with CCS. Basically I owe aroung £20,000 and have used up all my savings etc. paying as much as I can off (this would have gone in BR anyway). Do not own a house or car and am living on Carers Allowance and Income Support, and as a full time (and I do mean full time) carer I cannot earn any extra money, so I cannot realistically see that there is another way for me to go except BR, but I know one of the questions will be have I sought proper advice, so I wanted to cover all my bases.

Doesn't stop the emotional rollercoaster every day knowing that this is looming, but I have resigned myself to the fact that BR is the way to go, and the only way I will get any peace from Lloyds/Debtcollectors.

Again thanks for the advice :A you lot are helping keep me sane!

SkintYokel

Runningbackwards wrote: »

Again thanks for the advice :A you lot are helping keep me sane!

Only too happy to help

The great thing about this forum is that most of the 'advice' comes from people who have been exactly where you are and remember only too well how it felt.

I've been discharged for nearly a year now but still check in when I can just on the off chance that my experiences could help someone who is as lost and scared as I once was and I am by no means alone on that on here

Bohemian_Raspberry

Have you tried ringing National Debtline RB? CCCS had quite a long waiting time for an appointment when I tried to get in touch with them so I called NDL and had a very detailed conversation with their advisers the same day. Their number is in a sticky if you need it.

Runningbackwards_2

Bohemian_Raspberry wrote: »

Have you tried ringing National Debtline RB? CCCS had quite a long waiting time for an appointment when I tried to get in touch with them so I called NDL and had a very detailed conversation with their advisers the same day. Their number is in a sticky if you need it.

Thanks Bohemian - I will give them a go to speed things up. I guess with so many people exeriencing financial difficulties all the agencies are snowed under!

I have just been online doing some more on forms on the Insolvency Service site - will post reason for bankruptcy on another thread for some feed back.

Waspeze

Runningbackwards wrote: »

I act as full time carer for my elderly disabled mother. She will become distraught if people start coming banging on the door - can they do this. If I write and tell them of my situation will they still call?

Please advise me what I can do - thanks.

Most of the time it's just scare tactics (as has already been mentioned) they term their letters along the lines of "someone will call on your house today" .. really meaning they'll be phoning.

Again, as has already been mentioned, if someone did turn up they have no rights of entry so tell 'em to get lost.

If, though, you're really worried about a home visit then you could send an adaptation of this template letter (change it to suit your circumstance)

(someone else may have a better one but i've seen this one used before?)

Dear Sir or Madam,

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

Remember to print your name never sign it.

Maybe also include that you are currently seeking advice from CCCS.

Bohemian_Raspberry

That's a fab letter Wasp I've not seen that one before. Think I'll be getting a few of those sent off as well.

Waspeze

Bohemian_Raspberry wrote: »

That's a fab letter Wasp I've not seen that one before. Think I'll be getting a few of those sent off as well.

Cheers, I can't take credit for it though.. copied it from elsewhere

I_know_my_ABC_and_my_CMYK

SkintYokel wrote: »

Sometimes this will actually make things worse

If they know of impending BR they often step up their campaigns to try to get something out of you before the deed is done and they risk getting nothing.

Tell them you are taking financial advice from one of the professional bodies (NDL, CCCS or CAB) and will be in touch when they have formulated a plan for you. If you have not taken proffessional advice I strongly suggest that you do so as soon as you can.

I would also suggest doing this. Remember whether or not you are filing for bankruptcy or are in a debt management plan you have a right to live, which means food on the table, all your priority bills paid plus extra money for sundries. You cannot give them what you have not got. If they threaten to take you to court, let them, you are going bankrupt you have nothing to give them.

Please don't let them get you down and upset you everything they write is 'we may' not 'we will'. They work on the principal that as soon as you open the letter you will panic and automatically think they are going to do this so you will pay.

If you must contact them then write to them stating you will only deal by post and any collectors they send round will not be allowed access to the property or the door opened to them.

Remember they have no rights, you do, you have the right to ask them to leave your properly and if they don't you can call the police who will deal with them.

good luck with your bankruptcy.

Runningbackwards_2

Waspeze - great letter - thanks so much, I think I will send it to put my mind at rest, although I feel more confident now you guys have confirmed they cannot insist on entering my home!

Thanks for all the reponses and advice :T