HELP AND ADVICE NEEDED please

CHEZ1

Hi please forgive me if this seems a silly post but i went BR 27th sept 2010 up until then i had been paying debts with some great difficulty .... i have now been recieving demand letters one particular one today said oh youre bankrupt then we will see you in 12 months when its finished and then we will persue the debt......i also have recieved a debt letter from a creditor i did not know i owed money too starnage i know but i rang OR office who says she can add it to BR order but cant write to the creditors until 28th october due to thier system bein revamped at present...... im worse now than when i went BR the stress is begining to show im not sleepin jump when the letter box rattles when will all this stop??? and can they really persue me after discharge?? another today judged me and said people like me where the scum of the earth without knowing my circumstances.... should i send a BR copy letter to all my creditors ... please help im goin insane many many thanks

JCS1

Until the OR has has a chance to write to your creditors, you can either ignore their calls and letters - or if you do answer state you are bankrupt, give them your court reference and then refer them to your OR before hanging up.

CHEZ1

THANKS IVE TRIED TO HANG UP TODAY but SHE RANG BACK AND got very nasty ..... i know its sounds dramatic but im so stressed thanks for your reply much appreciated

IF

Hi CHEZ1, As JCS1 says it does take a while for creditors to be informed......I know it's distressing but this won't happen for too long you really are nearly there now. If you want too you can send out Fermi’s letter informing Creditor’s of your BR but this will cost you money. If anyone rings again say what JCS1 has said and remind them you are recording (even if your not) and logging all their calls.

Send Recorded Delivery x

Your Address

Date:

Creditors Address.


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

Dear Sir/Madam

Account No: 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

I would point out that the account was included in my bankruptcy which commenced on <date>.

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

ALL contacts and claims regarding the debt MUST be addressed to the Official Receiver's Office dealing with the case.

My case was XXX of 200X, at <somewhere> County Court, and the address of the Official Receiver is below.

<Address of the OR.>

A copy of the bankruptcy order is enclosed for your convenience.

Please note that the Official Receiver has requested that all future contact from your company regarding these accounts is reported and forwarded to themselves, and that continued contact with myself may result in Official Receiver taking enforcement actions against your organisation.

Please also note that we are 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/psychological harassment.

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

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.

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

We look forward to your reply.

Yours faithfully





Mr A N Other

ontheroad_2

I went BR on 15th September, and my phone ringer is still switched off - I'm giving the OR a full 8 weeks to contact my creditors and put them in the picture before I'll be picking up the phone when it rings.
When I do start taking calls again, I will only be giving my creditors my BR details, and will hang up on them if they keep calling over and over - just because they call doesn't mean I have to listen to them or talk to them.

magicgirl

i just told nasty callers that they were breaking the law by forcing me to talk to them and all contact had to be made thru my OR. I refused to entertain them once i was BR cos that was what i had paid all the money for tot do it. They had tormented my life enough and the BR was a new chapter.

I would just give them the name and address/contact of your OR and if they call back, unplug your phone. They are actually breaking the law cos its harrassment. chin up. it will all be sorted soon. xx

Manoona

Aww dont worry about the phone calls, they do stop in the end, chin up look to the future, If I was you i woudl just refer them to your OR.

To answer your other question, no, they cannot persue for the outstanding amount in 12 months time either, you are bankrupt and no longer liable for the debt, they're just trying to scare you into giving them some money!

missyp123

I have changed my numbers and not given them my forwarding address, exept for the mtg. iv had nothing since then not even a word or letter about the repo.
I would'nt even entertain them at all, they will be conacted by your OR at some point. and they cannot chase you once you have been discharged. evil, vile people who are trying to scare you.
kep your chin up, look forward and be proud that you have taken control of your life.

Hanky3

I sent all my creditors a copy of my bankruptcy certificate and the covering letter. Five creditors in total. Haven't heard from two of them. Two others sent me one letter then it stopped, still receiving letters from the other one stating they're going to take me to court etc etc. which I put in a file and forget about.

It really is down to personal choice whether you contact the creditors or leave it for the OR to do. Personally, I think I saved myself some grief sending the letters myself and it only took half an hour or so to knock out the letters.

But either way creditors are not allowed to harrass you. You're debts are now being looked after by the OR. You are bankrupt and no amount of nasty letters/phone calls will change this.

Keep strong and things will get better. Every day that passes is a day closer to being free of these companies forever.

chris34720

This is what really annoys me about people like this,

They ring you up add more stress to what you already have and threaten you with actions against you etc

Like someone suggested when they keep ringing you and they get really arguementive with you just say the calls are being logged and someones listening into this conversation

might give you abit of time

good luck

CHEZ1

just wanted to say a big thank you for all your replies..... what upset me the most was them sayin see you in 12 months.....guess i need to be firm and just refuse to take part in any conflab thanks again xx