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Help Concerning War Pension for BR

135

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    You will probably need to adjust these to suit your circumstances, but you will get the general gist. :)

    These are a bit harsh, and reflect a circumstance where you are being harassed.

    Letter 1:
    Dear Sir / Madam,

    Re accounts ref

    I am writing to you to inform that I request all communications to me in writing. I do not want any further telephone calls made to me.

    To continue to contact me by telephone after I have requested you not to constitutes harassment. I require all future communications in writing for future Court use. Do not telephone me again – remove any telephone numbers you hold for me from your systems.

    Your 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 will be passed both to that office and to Trading Standards, For your information, all telephone calls are taped.

    This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’. In that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint to the relevant authorities will be made.

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

    Communicate in writing and ONLY in writing. Your telephone calls will not be answered.

    HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

    I trust I have made myself understood on this matter.

    Yours,
    Letter 2 to follow up if calls continue.
    Dear Sir/Madam,

    Ref. 1234567890

    Despite my letters regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

    This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

    Your 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. For your information note that ALL telephone calls are taped.

    This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been 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.

    Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

    HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

    I trust that I have made myself understood on this matter,

    Yours faithfully,
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • EdInvestor
    EdInvestor Posts: 15,749 Forumite
    I’m nearly 52 and getting a job that pays well might be difficult


    Just a thought but do you or your wife have any other pensions?You can take benefits from age 50 now, including 25% of the fund in cash.
    Trying to keep it simple...;)
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Just added that those letters are a bit harsh, and are intended for when you are being harrased.

    They can be toned down a bit. :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • rfdebt
    rfdebt Posts: 90 Forumite
    Hi,

    Fermi - thanks for the letter templates, will use them if our creditors don't adhere to our "do not telephone us" request! Can't afford to ignore the phone as son who lives with us starts a new job in Jan and he needs to be contactable! He doesn't like giving out his mob number! Still we can always get him to answer the phone! He will be so impressed - not!!!

    EdInvestor - no, unfortunately no other pensions, did that with my army pension.

    Thanks for your help again, really do appreciate the support
  • rfdebt
    rfdebt Posts: 90 Forumite
    Hi all,
    Just got off the phone to the National Debtline and they are going to send out a full info pack. They were very, very helpful and I feel a lot better for having spoken to someone concerning my problems. The relief I feel on taking the first step is incredible; I did not feel like I was being judged at all.
    On their advice, I am writing some letters ready to go out to all of my creditors offering them a token payment of £1 each month. This will give me more time, which I really need! No doubt they will have kittens but it’s a question of survival now. I no longer care what they think – I can’t afford to : ).
    I truly wish I had taken my ostrich head out of the sand sooner, but having said that I have now and hopefully things will get sorted and I can start afresh. I would say to anyone who’s in a hopeless debt situation – phone one of the debt charities, you’ll be so glad you did.
    Will keep you posted as to my creditor’s reaction to my token offer, whatever they say or do, at least I will know I have tried. As they say - what will be will be.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    I'm glad you got some good advice. Keep us posted. :D
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • rfdebt
    rfdebt Posts: 90 Forumite
    Cheers fermi, will do! Should also have added that this forum has been a life saver too, thanks to all of you, you're the best :).
  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is so nice to hear that positive edge to your post, glad NDL were able to help you. Good luck with it all and keep us posted.
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
  • rfdebt
    rfdebt Posts: 90 Forumite
    Thanks tigerfeet2006, yes I am feeling so much more positive now that I know I have started the ball rolling so to speak!
  • rfdebt
    rfdebt Posts: 90 Forumite
    Hi all,

    My mortgage is with C&G, but was informed a few months ago that Lloyds TSB would be the actual lender with effect from October 1st.

    As I said previously, I have written to all of my unsecured creditors offering a token £1 per month payment temporarily, telling them that all creditors are being offered the same token payment and only priority bills such as the mortgage and utility bills will be paid ( in addition to housekeeping expenses such as food).

    My worry is my biggest creditor is Lloyds TSB – 2 x personal loans totalling around £35,000. What concerns me is will they make me sell the house (little or no equity) due to them now being the official mortgage lender and us owing them so much money?

    Both my wife and I are planning to go BR in January, although none of our creditors know of our intentions as yet.

    Moreover, could we lose the house anyway by going BR (even making mortgage payments) due to being insolvent? I read somewhere that some lenders consider this a breach of their terms and conditions. I have looked through C&G’s T&C and couldn’t see anything relating to this.

    Has anyone gone through this scenario that could give us an insight to likely procedures?

    Any input would be gratefully received.
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