My Bankruptcy Diary

icm_2

IPA is the payment required if you have surplus income - the difference between your total income and 'allowed' expenditure. You dont pay all this difference but a % of it which increases with the amount of surplus you have. There are quite a few posts which give you more detail, so do a search for IPA for more information on this forum.

ICM

icm_2

Hi

Into 2nd week and this is weird. I feel a whole lot happier, no doubt, because of this, I and my OH will have some financial implications to contend with sometime in the future. She has been so supportive, I am so lucky to have her as my wife. Together we can overcome anything now.

Still getting calls from HALIFAX, they really dont seem to want to give up the chasing!!! They still stay they are not aware of my bankruptcy although told them 5 times now since I was made bankrupt and that includes the bankruptcy department.

After speaking to my OR on Friday, offered to give them her name and number - weren't interested and said they couldn't speak to her. Was told I needed to contact the bankruptcy department to stop them chasing. So spoke to their bankruptcy department yesterday, a second time. I hope this time they update my account and save the changes!!!!!!!!!!!! I wonder if someone forgot to press the [save] button perhaps.

I have sent all the paperwork off to my OR today, its not complete, but she told me not to worry, anything else she needs she can get from the creditors. Just waiting for the letter about my IPA which I assume will arrive in the next couple of days.

Its that good, we are considering a week's holiday up in bonny Scotland, self-catering. It will be nice to chill and unwind hopefully looking out over the Cairngorms.

ICM

David_F

Hi icm,

Sorry to hear that the Halifax are being a pain, you could try writing to them. I haven't had any problems with my creditors yet, over two weeks now, but I did prepare the following letter just in case. I found it on here a while ago and saved it for just this type of problem............hope it helps.

######################################################

NOTICE: Pursuit of a debt included in a bankruptcy. Do not ignore this letter. You must cease collection activity IMMEDIATELY.


Ref: 1234567890


Dear Sir, Madam,

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that this account was included in my bankruptcy which commenced on Xrd March 2010. A copy of the bankruptcy order is attached for your information.

Consequently, the debt in question is no longer my legal responsibility.

ALL contact and claims regarding the debt MUST be addressed to the Official Receiver’s Office dealing with the case. Their contact details are as follows:

The Insolvency Service
XXXXXX
XXXXXXXX
XXXXXXXXXXX
XXXXXXXXXXX
XXXXXX

Please note that The Official Receiver has requested that all future contact from your company should be reported and forwarded to them, and that continued contact with myself may result in the Official Receiver taking enforcement actions against your organisation.

Please also note that I am familiar with the “Office of Fair Trading Debt Collection Guidance” which states that it is unfair to send demands for payment to an individual when the debt is not due. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and or unfair methods.

Furthermore, ignoring and or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment, amounts to physical and psychological harassment.

In addition, your continued telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed to both that office and the Trading Standards.

This type of debt collection method is contrary to the “Consumer Protection from Unfair Trading Regulations 2008”, in that it is intended to cause alarm and distress to the recipient.

Your methods will not be tolerated.

A formal complaint will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note, that continued telephone calls after the receipt of a request not to call, may constitute a criminal offence under “Section 127 of the Communications Act 2003”.

I await your written confirmation that this matter is now closed.

I look forward to your reply.

Yours sincerely,

icm_2

Thanks DAVIDF

I will certainly utilise this letter if I get anymore calls.

ICM

icm_2

Hi

What a week, after the phone call from HALIFAX [bank] last Sunday, got the same call from the HALIFAX [credit card] on Tuesday, chasing my last three payments. Wish you could understand bankrupt means bankrupt - not/cant pay them now, nor could I for the last 5 months.

Today, nasty letter from MBNA saying they are considering selling my debt to a debt collection agency or involving solicitors to obtain a charging order. At least the lady there apoligised for this automatic letter and confirmed my account was now showing me as bankrupt. She even said I would not get any more of these letters now. Weird how it was dated 15th March but only arrived today. Oh, also got a letter from HALIFAX credit cards on Thursday about my overdues. It must be costing them lots of money for all these calls and letters :rotfl:

Into Week 3 now, just playing the waiting game about my IPA, for once looking forward to the mail to get my form to sign and start making my IPA payments - the sooner the better for this as want to get these finished as soon as possible.

Only nagging issue at moment is lack of progress on my Yorkshire Basic bank account. I opened this in January when I was about to go for an IVA, but since then changed mind and gone BR route. The OR has no interest in this aco!!!! as it had not been used up to the bankruptcy date. Still not able to confirm if this account is usable or not. The call centre keeps trying to put me through to branch, but branch wont pick up phone and call centre cant give me an answer so stallmate as branch is not open on Saturdays so will have to take time off work to go in during week. Hope to keep this open and usable as it comes with a debit card so great bonus to me.

For now got a VIRGIN prepaid credit card but its proving to be a hassle with the delay for funds to transfer to it.

ICM

philnicandamy

Sounds like a pretty frustrating time ICM...hmm some creditors still no matter how many times you tell them your bankrupt STILL dont get the message...after nearly 6mnths with barclays calls non stop I said very calmly again you know all my details etc about my bankruptcy...if you call again i'll come round & staple a copy of my BR order to you head...it did the trick!

David_F

Hi icm,

You could look into the Natwest First Reserve savings account as it comes with an optional visa debit card.

You don't get a cheque book and you cant have direct debits or standing orders as it is a savings account but it comes with a debit card that is accepted everywhere.

I opened one whilst being BR as they don't credit check you, they just do a ID check and fraud check and dont ask if you have been BR. I opened it purely for the debit card and as there are no charges its a lot better than a prepaid credit card.

Natwest were one of my creditors in my BR and that was not a problem either.

icm_2

Hi

What a week, after the hassle calls from HALIFAX last Sunday morning. I got a letter from them on Wednesday to say I was bankrupt and therefore they had frozen my accounts. Also indicating the acounts would be closed as this was the bank policy. Great news as now I dont expect any more calls from them. SO HAPPY getting that letter - maybe the calls will stop now - I haven't had any this week. :j

So... into week 3. Still no letter confirming my IPA. I cant believe how I look forward to seeing post arrive now. Whats more worrying!!! is the disappointment I feel when I open my mail and see nothing from my OR. Has she forgotten about me, I dont think so.:)

The last 24 days has flown by, only issue outstanding is if my basic Yorkshire Bank account is usable. I opened this just before bankruptcy as it was intended to be used under an IVA agreement, so no money has gone into it yet. The OR has confirmed she has no interest in this account. I've tried to get confirmation form YB about it. So far all calls to the call centre insist I need ot speak to my branch. They have supposedly passed the request on to the branch to call me, but so far nothing. Whats really annoying is the fact they dont open on Saturday's so will have to take time off work this week to clarify the situation. I'm hopeful it will be usable as I have not had a letter from YB yet, and they must have ben informed by the OR as HALIFAX have.

Hope you all have a good weekend and for those contemplating Bankruptcy, it might have its longterm drawbacks, but its a whole lot better than having creditors chasing you and more importantly, waking up each day wondering how you can get out of this debt situation.

IF

Hello icm, good news about the halifax, not so about the YB got my fingers crossed and let us know how it pans out.
It's lovely to hear how strong you are from your first post, even through trying times.
Well done.

If...x

icm_2

Hi

Well the day came, I finally took time off to go into the Yorkshire Bank as I got a letter on Monday asking me to contact them, well I have been trying since the 4th March (so much for the call centre) they could never got anyone at the branch to pick up the phone.

Bet you all want to know what happened....

Handed my letter over, asked to sit and wait - am I a naughty boy perhaps!!!! Called over to the cash desk where I could see what I assume is the Customer Services Representative named in the letter. Not happy as there were members of the public and before I could explain I did not want to discuss this at the public gallery, I was told my account was frozen and closed due to the letter they had received from my OR. My OR has no interest in this account as its empty and has been since opened. I felt ashamed as anyone I or my wife knew could have overheard this and they could have simply stated this in the letter. Why make me contact them to be told this in person at the branch. WILL NOT EVER USE Yorkshire Bank services in any form as from now.

Phoned the CO-OP and opened a cashminder account. Lady was extremely nice even when I told her from the offset I was an undischarged bankrupt - she made no issue of this.

I expect my new debit card to arrive next week and also been told I can use online banking - asked her about this and she spoke to her manager to confirm this would be available to me.

Happy Easter to all of you

ICM