Creditors keep calling at work!!

Dancingdebs

Hi,My partner and I are looking to go bankrupt beginning of January. My partner has stopped paying his creditors and recieved a "notice of default" yesterday from a major bank re. credit card sayng that he has to pay £752 (minimum repayment) by 13th Dec or they will take further action. Does he have to do anything with this? Contact the bank or ignore it?
I have missed the last months payments on my credit cards and now have MBNA ringing me every day at work for a repayment. I also have a loan with them due out at the end of the week so they are going to be calling me about that as well and their Virgin credit card payment too soon! Ive just had a phonecall and shes going to ring me at home tonight about payment on the card.
We have both opened up a co-op cashminder and hoepfully will receive the details next week so we can then stop paying our loans with our bank (lloyds) and move our wages to co-op.Should I make a token payment, say £20 a month to mbna etc to stop them ringing me at work every day?Please help! xx

Scarlett.1974

Hi dancingdebs,

Firstly have you received professional advice re your bankruptcy? If not, you absolutely must, from one of the FREE debt help places (someone will be along shortly with the links I'm sure ), it's one of the things the judge will ask you when you go BR and if you say 'no' the he/she will likely refuse your BR :eek:

Anyway, re the phone calls - there is a letter you can send them that demands they stop harrassing you like this, I'll see if I can find it in a minute It DOES work too - I've been getting up to 10 calls a day from Lloyds and this morning received a VERY grovelly letter from them, apologising for the distress caused and assuring me they have removed my number from their records (I did think it's been very quiet for the last couple of days ).

Re the payments - absolutely not. If you are definitely going BR then you should stop paying everyone. If you do pay some of your creditors (a token payment, just to shut them up), this will be looked as treating them 'favourably' and is not looked on well by the OR.

I hope this helps a bit, any other questions do shout up

Scarlett xxx

Scarlett.1974

Here's the letter:


The date

Your name
Your address



Dear

Re: account number / agreement number

I am writing to express my serious concerns regarding the telephone calls that I have received from your company.

I am now formally requesting that all further correspondence be made in writing only.

I demand that these phone calls stop immediately. I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts.

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

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.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.


Yours faithfully,

Your name.

tigerfeet2006

There you go links in my siggy

Scarlett.1974

tigerfeet2006 wrote: »

There you go links in my siggy

I knew someone clever would be along with them and '!!!!!!', as if by magic, here's tigerfeet

tigerfeet2006

Scarlett.1974 wrote: »

I knew someone clever would be along with them and '!!!!!!', as if by magic, here's tigerfeet

Think I'd strongly dispute the clever but always glad to help :T

tight_jock

tigerfeet2006 wrote: »

Think I'd strongly dispute the clever but always glad to help :T

HMmmmmmmmmmmmm!!!:rotfl:

Dancingdebs

Thanks Scarlett & Tigerfeet for posting so quickly!Im going to ring the CCCS tonight for their advise. If we are advised IVA or DMP does that mean if we were stilll to go for Bankruptcy the judge wouldnt allow it? Really dont like the thought of struggling like this for years to come!Has anyone any ideas on what we should do re the default notice?

tigerfeet2006

Dancingdebs wrote: »

Thanks Scarlett & Tigerfeet for posting so quickly!Im going to ring the CCCS tonight for their advise. If we are advised IVA or DMP does that mean if we were stilll to go for Bankruptcy the judge wouldnt allow it? Really dont like the thought of struggling like this for years to come!Has anyone any ideas on what we should do re the default notice?

You should be ok as long as you get CCCS to explain all the implications of BR re your situation.

If you are going BR then don't do anything about the default notice. Once you are BR your credit references are shot beyond anything a default can create.

tight_jock

Dancingdebs wrote: »

Thanks Scarlett & Tigerfeet for posting so quickly!Im going to ring the CCCS tonight for their advise. If we are advised IVA or DMP does that mean if we were stilll to go for Bankruptcy the judge wouldnt allow it? Really dont like the thought of struggling like this for years to come!Has anyone any ideas on what we should do re the default notice?

The default notice is just the first "scare" tactic from a creditor. If you are talking to CCCs or similar later then I would ignore it. If you contact any of your creditors they may try to get you to make a token payment which, if you are advised to go BR, may be seen as preferential treatment to a creditor.
Don`t do anything or agree to anything til you have had a chat with your agency.

Dancingdebs

Thanks again for your help. I will get on that phone tonight and see what advise I can get. Just wish they would stop calling me here at work, she even asked if there was anyone at home that could give her a debit card payment! Now got Mint ringing here...argh! what to say??!