Help with the next stage PLEASE!!

Susie54_2

Morning, I've made the decision along with advice from CCCS that becoming bankrupt is really the only option for me:o. I have the two forms required but am not sure where to go from here - do I simply ring the local court and ask for an appointment, or just turn up? Help gratefully received as this is deeply stressing me out now, the harrassing phone calls are coming every single morning.........
Thanks
Susie x

cuddlymarm

Hi

The next stage is to ring your local court and make an appointment. Can you ignore the phone? Or can someone else answer it? When we were getting loads of calls for my husband I answered the phone and said he wasn;t there because they could not discuss his finances with me.
Once you make the decision it will get better and it helps if you tell yourself this. That this is not for ever and the phone calls will stop.

I hope this has helped
Cuddles:rotfl:

Susie54_2

Thanks for that cuddles:D! Couldn't quite believe it was that simple. Now all I have to do is get those forms filled in and the process started and I can get back to living a normal life (with NO cc's around;)).
Can't tell you how much better I feel from having made the decision.
Susie x

confused76

hi Susie
just wanted to say welcome and good luck!
if the phone calls are getting too much (they're horrible and make me feel sick) you can write to them and say you only want to be contacted in writing - does anyone have the brilliant letter Susie can use???
keep posting on here, i have found there re some lovely supportive people on here and it's helping me through this x

tigerfeet2006

From a post by Fermi

There are a lot of different response letters for harassment by telephone floating around. This is just one example:


Harassment by telephone


Quote:

Your Street
Town
City
Postcode
DATE HERE

Company Name
Road
Town
City / County
Postcode


Dear Sirs,

Harassment by telephone

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,


(type don't sign)
Removal of numbers under Data Protection.

You also have a right to demand that all telephone numbers for you are removed from their system, including home/mobile ones.

See this post from CCCS:

Quote:
Originally Posted by CCCS_Emily
Whether the account is with the original creditor or not if you request your telephone number to be removed from your account and request a creditor contacts you only by post they are obliged, by the Data Protection Act, to do so. You need to make this request in writing and send it special delivery mentioning that if they do not remove your number that they will be in breach of the DPA and you will report it to the Information Commissioner. If they do not do as you ask you can make a complaint to them, again mentioning the DPA and Information Commissioner, and if they still continue to call then report it.

Your creditors do need to have contact details for you, but an address is all they need. If they have anything important to tell you they need to do it in writing anyway, as do you to them. You need to know what is going on with your debt and who is collecting it at any given time, so the payments go to the right place.

So you may wish to add something like this to your letter:

Quote:
FAO: Data Controller of (creditor/DCA) - Section 10 notice under the Data Protection Act 1998

I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records.

The processing and use of these numbers is causing significant distress.

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.


Yours faithfully,

Susie54_2

Morning:)
Thanks for that post TF, will get that letter sent out today!!
Another query (Will they ever stop cropping up LOL) - I have one bank account which is in credit, should I take out the money leaving a nominal amount before I send the papers in? Thanks
S x