Creditors unwilling to stop calling post Bankruptcy

nixi

It has now been 16 days since I went to Court, and was officially declared Bankrupt. I had my OR interview last Friday, and have finally started to answer the phone again.
The OR told me to pass on his details to any creditors who got in touch, and that basically I just need to wait until he has completed his investigation into my affairs before I hear from him again.
As I changed my phone numbers recently, most of my creditors don't have my phone number anyway, but one still does. I decided to answer their call today, and was actually quite looking forward to informing them of my Bankruptcy, so that they would cease their endless phone calls.
I wasn't expecting the response that I had.
The girl insisted that they hadn't heard anything from the OR yet, and that they would not contact him on the details that he had provided, because the Data Protection Act means that they can't discuss my account without authorisation. They told me that I have to contact the OR to get him to send authorisation papers, or they will continue to phone me (3 times per day).
I managed to convince the girl to take the details, although they claim that they won't use them.
Aren't they under an obligation to investigate? I thought that they weren't allowed to contact me any more, and that they must deal with the OR.
I don't want to hassle the OR with this - I'm trying to be the least work possible for him, so that he might be motivated to be nice to me (there's always hope!).
I have taken the details of the individual, and logged the time and date of the call.
Can anyone advise the correct course of action please?
Also, what should I do with DCA letters - should I be posting them to the OR, or can I just ignore them?
Thanks!
Nixi

magicgirl

nixi wrote: »

The girl insisted that they hadn't heard anything from the OR yet, and that they would not contact him on the details that he had provided, because the Data Protection Act means that they can't discuss my account without authorisation.

You telling them about the BR and to contact your OR means that you HAVE given authorisation. If she is saying she will keep calling, that constitutes harrassment and you can advise them of this also! It may well be a while before your OR gets round to all these companies and 16 days is no time really. I was still getting the occassional call/letter past my discharge but told them all the same. If they kept calling, I would tell them to stop harrassisng me and put the phone down. I also pointed out to the creditors that they were breaking the law as I was not allowed to discuss my finaces with my creditors post BR and ALL their dealings MUST be done with the OR. They know that as well as most people and so are trying to pull a fast one one you I think. If they call again, then tell your OR that this creditor is continuing to harrass you and has refused to stop. I did that with one of mine and never heard from them again.

good luck xxx

[Deleted User]

Hi
I sent letter to all my creditors along these lines - see this thread for letter idea and with a copy of my BR order on the back of the letter all quiet since then.
Checked with my OR and was told to forward any mail from creditors to them (I've got copies)

There's other threads on here that advise what to do re further harrassment, or someone else will be along I expect.

Hope that helps
lbm

nixi

Thank you. I did initially assume that all of the creditors would have a standard letter sent out immediately (after all, I spent ages finding the right addresses for the forms, lol!), but I suppose it's not as simple as that.
I have informed my previous bank (one of my creditors), and they were really nice. Just took the details professionally. In fact, one person that I spoke to even took the time to assure me that it would get easier etc. Gave me the impression that he'd been through it.
I am just so flummoxed by the idea that they didn't believe me/chose not to believe me about the BR!
What about DCA letters - should I forward them? Likely to cost me a fortune in postage, so don't want to do it unless I have to.
Nixi

dojoman

Some are a right pain the !!!!, I was still gettiing letters 3 months after going BR. I ended up throwing them in the bin.

fermi

nixi wrote: »

Thank you. I did initially assume that all of the creditors would have a standard letter sent out immediately

Any creditor you hold a current bank account with will be informed quickly.

Other creditors will not contacted by the OR until they issue the report to creditors in some weeks time.

nixi wrote: »

What about DCA letters - should I forward them? Likely to cost me a fortune in postage, so don't want to do it unless I have to.
Nixi

Forward the initial letter you get from any DCA, so that the OR knows it has now gone to someone new.

Plus any other letters that are particularity concerning.

Others you can ignore.

diddly74

We were told last week when we had our OR phone interview to inform DCA/creditors that if they continued to phone that they were harassing us and as this was a criminal offence we would be contacting the police if they continued! Like the other above have said - they have to discuss everything with the OR, not us anymore!

Swampmonster

Send them a copy of your bankruptcy order straight away by recorded delivery.You can also tell any creditors you speak to whilst you are still on the phone to them to check the www.insolvency.gov.uk website to confirm the BR.
It is also essential you tell the OR if any debts are passed onto any debt collection agencies after BR as the debt will now be with them. The OR only sends the creditors report to the companies the debts are with at the time of BR. If the debt gets passed on they need to know so they can send them one too!

Best of luck

Swampmonster:)

nixi

Wow, that's really useful advice, because I had thought that the original creditors would be obliged to communicate with DCAs. So basically, I must have filled in my forms completely incorrectly!
The OR (well, the person who did my phone interview) told me that he was going to spend the next 8 weeks compiling 2 reports - 1 for the OR office, and 1 creditors report.
Can anyone enlighten me about the creditors report, since fermi mentions issuing a report to the creditors? What would be in such a report? Do they collate all of the creditor information, and circulate it between all of the creditors? Or something completely different?
Thanks for all of the advice!
Nixi

fermi

nixi wrote: »

Can anyone enlighten me about the creditors report, since fermi mentions issuing a report to the creditors?

Some or all of:

- Details of your assets and liabilities (debts).
- What the OR has done, or plans to do, with any assets
- The reasons given for the BR and the ORs assessment of the same.
- Whether the OR thinks that creditors are likely to receive any payments from them.
- Whether any IPA has been set up yet.

nixi

Thank you fermi!
So by the time he issues the report to the creditors, presumably he would already have requested all of the statements for the last 12 months (I didn't have very many) from each creditor?
Do they then assess spending etc., so that they can form their opinion for cause of bankruptcy, before preparing report?
Then what might happen? I understand that if the OR wants more information, that he'll get in touch, or if they are considering early discharge, they send another I&E form or similar. What if it's neither of those things - does nothing happen at all until AD next year?
*think I'm going to buy a nice big calendar and start marking off the days*