got a scary letter!

Angie2_2

Hi everyone,

i'm really in need of some advice as i'm now worried sick!

i'm currently saving more for my fees and to do so i have stopped paying my creditors, this will be the 5th month that i have not paid them and 2 of the creditors have refered my case to Debt collection agencies. Yesterday i got a letter from one saying that they are sending a debt collector to visit me if i do not contact them to make payment. The CAB wrote to all my creditors and told them the situation so why have they refered my case to DCA's? i was told that i would be taken to court before they send the "heavies"

What do i do? do i call them and tell them that im planning bankruptcy?
Who is this person they are going to send? what hours do they work? Can they come at anytime and what will they do?

i have no idea what to do about it and i'm really worried, do i have to spend the next few months pretending i'm not at home?

After this development, my parents have insisted that they help with the fees ( i really didnt want them to get involved but i dont think i have any other choice now) so i now can start the process. What is the next step?

Thanks in advance, my nerves are shot!

skylight

A debt collector is not a heavy. He (she) is a just a debt collector and they have no more powers than the paperboy in a paperbag; as in they have none. The real "heavies" are bailiffs that are only sent if a debt goes to court, a CCJ is awarded and you don't pay that - process takes some time. And in most cases, bailiffs have next to no powers either (depending on situation).

Does the letter actually say visit? Not will call?? I received masses of letters about sending someone round, or would "call" - I did get one but that was Black Horse who do follow through (and he was told to bog off through the window.) It's unlikely they will ever send anyone so don't bother replying to it (or any other letters for that matter) as telling them of your plans can make the harrassment worse!

It's great your parents are going to help with the fees, you can get started ASAP.

So, do you have the forms ready? You can either download them from the insolvency website or register and complete them online (save regularly) I think online is best as you can come back as often as you like so can complete a section a day if you wanted to. Call your local county court to see which system the operate, some have a turn up ont he day service and some are by appointments only so you need to check. Are you entitled to a fee exemption due to finances?? (ie Income support or low income etc?) http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=172 Check here if you are.

confused76

hi there please don't panic

you say the cab wrote to them, what did that letter say?

companies still refer debts onto DCAs even if you have written to them, just the way some of them operate

don't tell them you are going br - they tend to just increase the pressure and you don't need that

i'm not sure but i think it would be a debt collector they would send - don't answer the door, don't speak to them. they have no powers to enter your property, or you can just tell them you are dealing with the cab and will be in touch in due course if you end up speaking to someone. however, quite often they threaten to send someone round to scare you into making a payment

if you are now in a position to go br (having taken advice from cab) you need to ring your local court and find out what system they operate - drop in or appointment.

you can complete the forms in paper form (available from the court) or online at the insolvency service - they are quite simple to complete.

it's good that your parents are able to help, that will speed things up

good luck

Angie2_2

thank you.
the whole point of letter is to frighten me and that is exactly what it has done! (i had a dream last night that i came home from work and they had taken my bed! lol)

the exact wording on the letter is "We will be instructing a local debt collector to visit you at the above address to collect payment"

its just harrassment! i dont understand how they are allowed to get away with it, its like as soon as you owe money you are no longer a human being with any rights whatsoever. if i was constantly ringing someone and writing nasty threatening letters to them i would be arrested!

Im not exactly sure what the CAB letter said, i know they told them they were acting on my behalf and asked for amounts owed but i have not seen the letter.

i share a front door with another flat and there is a good chance that they might answer the door to them. i dont want other people knowing my private business.

immoral_angeluk

Pass the letters on to your CAB caseworker who will contact them again. Unfortunately they can and will sell the debts on to DCAs if they're not being repaid. How much longer are you expecting to need to get the fees?

Debt collectors are basically representatives of the company and have no powers whatsoever. Feel free to ignore them.

Angie2_2

is that what they have done? sold on my debt? thats nice of them.
thank you, i will definately call my caseworker on Monday.

thanks to the parents, i have the money now to apply for BR.

immoral_angeluk

Angie2 wrote: »

is that what they have done? sold on my debt? thats nice of them.
thank you, i will definately call my caseworker on Monday.

thanks to the parents, i have the money now to apply for BR.

They will do. They like to get bad debt off their books as it looks bad on their accounts so they sell on the debts for a fraction of the original value.
Glad to hear you've got the bankruptcy fees. Are you aware they're rising from the 5th April though?

Angie2_2

no i was not aware of that. How much will i need?

immoral_angeluk

Angie2 wrote: »

no i was not aware of that. How much will i need?

It's an extra £90.

http://www.ukadvice.com/bankruptcy/bankruptcy-fees-up-to-600-from-april-2010/

Angie2_2

right, i should still be ok.
thanks tfor telling me, i had been workin gon the figure of £510.

immoral_angeluk

That's ok then. Have you made your appointment with the OR yet? FYI you can get all the forms you need online, of which you would need 3 copies of everything to take to the OR appointment.
http://www.insolvency.gov.uk/forms/forms.htm