worried sick!

petsy1

We are in the process of setting up a dmp with cccs but until all the info and pack comes through I have printed of the letter to be sent with a token payment to our creditors. Until I do this I am worndering if there is any other way out? We have 100k equity in our house and a 36k debt, did think about remortgaging for remainder term of the mortgage - 12 years but on a 30k per year total income I dont think we would be able to borrow the extra 36k.

Think realistic the dmp is the best option but it is the thought of being hounded by telephone calls, we frequently have an elderly relative to stay and 2 teenagers who answer the phone wouldn't want them getting questioned, can I state on the letter to only correspond via post. Also what are the chances of debt collection agencies and baliffs turning up at the door? Think these are what are worrying me the most.

Sorry to rattle on but as the title says worried sick, 3 nights without sleep isn't good, slept better when i was in denial but hey welcome to the real world!!

bottleofred

Hi Petsy1 and welcome to the forum,

You can send a letter to ask creditors to contact you only by post etc, which I'll attach below. Some of the creditors may request doorstep visits and some cheeky debt collectors can just turn up from time to time, but there is also a letter for that which I'll also put below. Don't let them bully you into paying more than you can afford though and if they do ignore the letters you send and telephone, don't go through the security check with them, tell them you only wish to be contacted in writing and hang up the phone. Send both letters recorded delivery so they cannot claim not to have received them.

Good luck

Red

Dear Sirs,

Account No: XXXXXXXX

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 and 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 Section 40 of the Administration of Justice Act 1970, 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. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully
Dear Sirs,

Account No: XXXXXXXX

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully

summerstreetallotments

I am in a similar situation and am considering having "call recognition" on my phone...it does cost but may stop the calls because we'd just answer it when we recognise the number...dont want my 15 year old son stressed out.
The other thing is Argos do a mobile for 7.49 now....you could get this and give the number of that to people who have to ring you...x

petsy1

Thank you for your replies so far, taking everything on board and ready to tackle things full steam ahead on Monday morning.

Any other suggestions would be gratefully received.

Mrs_Trouble

I have sent off for my pack and my DMP is due to start on 1st May and I am also cacking myself so you are far from alone.

I know someone who has also entered into a DMP and she said she had a few phonecalls and some letters but nothing terrible. No CCJ's or Bailiffs. I feel worse now that I have faced up to it but I think in time I will start to feel some relief.

I have taken my home number off the Credit Card records and kept my mobile number on there so people can still contact me but without my children answering the phone.

I completely understand where you're coming from, hopefully we'll all get through it

petsy1

Thanks Mrs Trouble, that is reassuring to know. How did you get your home telephone number removed from the creditors files? I am sending out the first letters tomorrow with token payments in as they are due before cccs can set up first payment, any idea what is considered acceptable payment amount. I will add a note on letter asking not to contact via telephone and only in writing, they may take note.

Don't know about you but I have moments of relief that I have admitted what a mess we are in and moments of fear that i have admitted what a mess we are in!