I owe a lot!

[tomterm8]

if you read this thread you'll find out a lot about how to deal with telephone harassment.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/107600-getting-idiots-write-back.html

[loopy_lou1]

Hahaha a whistle?

 

I laughed at that post!

 

I've just sat my mum down and explained everything to her. She looked horrified but I told her I feel great that it's getting sorted and she's walked away with a smile and told me that she'll put the phone down or leave it off the hook for a while when they phone.

 

I told her there's nothing to worry about "house wise" because it's all my debt.

 

Once again, thank you. I don't know if harrassment letters will stop these people because "Emily" sounds like a viper to me. They must LOVE their job. Soul-selling tw*ts!

[loopy_lou1]

So if I get a call tomorrow can I ask them for a reference number? Then at least I have something to put on the letter?

And I will speak to them to stop them phoning time after time and tell them they're in breach of these regulations.

They were today by not taking me through the data protection act. I have serious grounds for complaint and I want them to contact me on my mobile only. I will give them that and then I can monitor their calls. I can try anyway. I do have a recording device on my mobile.

[shane5408]

So if I get a call tomorrow can I ask them for a reference number? Then at least I have something to put on the letter?

And I will speak to them to stop them phoning time after time and tell them they're in breach of these regulations.

They were today by not taking me through the data protection act. I have serious grounds for complaint and I want them to contact me on my mobile only. I will give them that and then I can monitor their calls. I can try anyway. I do have a recording device on my mobile.

 

I really wouldn't speak to them at all on the phone but if you do you might as well get the ref no. though you don't really need it. the original creditors name and account number will suffice. Remember tell them you are recording everything, then notice the drastic drop of frequency of calls they make to you!

 

kind regards,

shane

[mrsc]

Hi Loopy Lou

 

Just wanted to say you sound so much better now than in your earlier posts, much stronger.

 

You go them:D you are getting the best advice there is, and you will feel better day by day don't let them get you down.

 

Wishing you all the best Mrs c

[loopy_lou1]

By being debt collectors what do they actually get?

 

Because they must be there for a reason. Is it because some poor sap falls for this stuff like I did on Saturday???

 

I don't know their purpose?

 

What rights do they have?

 

I do feel a lot better Mrs C but I am still scared of the calls but I will act otherwise - it's a day by day process I suppose.

 

Someone came to the door tonight with a clipboard - I nearly sh*t myself and he was from Everest Windows!!!

 

Anyway - the funny side of that is my dad owns a DOUBLE GLAZING company!

 

Hahahahaha

[Hippy-chick]

Hey lou

 

Just wanted to say well done for talking to your mum. I had to tell my folks about my money fiascos years ago, so I know how hard the first conversation is.

 

DCAs buy debts for a fraction of the original debt and add on ridiculous charges - that's how they make their money. Folk who do not know any better pay them.

 

Don't be scared of the calls. What is the worst they can do to you over a telephone? Anyway, you don't have to talk to them - just say "in writing, please", answer no questions and put the phone down.

 

Keep your chin up, and remember that we're all here rooting for you.

 

HC

[loopy_lou1]

Thank you. The mum one is not the hard one. My dad doesn't know the EXTENT of my debt - he knows I owe 6k - if he knew the rest he'd go ballistic. The less he has to know the better. After all, it's my business. The only way it will affect him is the calls. No other way.

 

So if he knows about the 6k which isn't HFO I'll just tell him it's to do with that.

 

Thank you for all the support. Everyone's nice here and makes you feel that you're not alone and that people are worse off poor things.

 

I hope I learn a lesson from this.

[Hippy-chick]

Hey lou

 

Yes - there's a lot of nice folk here - made me feel so much better when I found CAG - wish I'd found it years ago.

 

Send that "don't call me" letter asap. Unfortunately, it probably won't stop them. I know it's your parents' place - but now your mum knows the score, maybe you could look at getting Mrs Sh*te's number call barred? Maybe as long as your dad thinks it's to do with the debt he knows about he would agree?

 

 

xx

 

HC

[loopy_lou1]

I got advice today about the call barring - my mum said it would be fine.

 

Leigh from National Debt Helpline also told me I could get more money as I am not earning as much as I did - until I get more I can get working tax credit because I'm temping. Instead of taking money from me she was finding ways of me getting more.

 

Bankrupcy is looking very appealing but I would like to try and fight first I think.

 

I know I got into debt as I keep saying but I want to be out of it just a much. At least now I know that there are options for me and none of them are as bad as I thought. Thanks to you and the NDH.

[sequenci]

Did you speak to National Debtline or The National Debt Helpline btw?

[loopy_lou1]

The 0808 number - the National Debt helpline.

[albertini]

This is why I have no sympathy for DCA’s and the original lenders who employ them. They scare and worry people to the point and beyond of what is normal and fair.

Sometimes they push people to suicide for heaven’s sake.

DCA’s talk about “morals” in repaying debt but where are the morals of companies who lie and cheat to scare you into paying money you can’t afford or to worry you to the point of taking your own life.

Whilst on the subject of morals, lenders and DCA’s seldom want to comment on the fact that many of them register their businesses outside the Uk so as to avoid paying UK corporation tax. Hardly moral is it?

I saw a post on the credit today forum from some senior credit control guy from Virgin asking about the morals of debtors who cant / don’t pay. This from a guy representing a company owned by his beardiness who has foreign (and therefore non UK taxed) registered trust funds with over £2 billion in them (allegedly, and based on what I have read). Where are the morals in that?

I have massive debts, built up when 2 businesses I ran required working capital and I had to stand up and take the risk. I did and when the businesses ran into trouble due to two major unforeseen bad debts / issues it cost me over £100,000 personally of debt both secured and unsecured.

I got into trouble because companies I supplied either went bust and our landlord (with more money than us) refused to pay me for a claim when his building leaked and damaged completely £100,000 of my stock (long story not enough space to cover it here, suffice to say I got shafted).

I had no option or chance of chasing these people for money they owed me so I was left carrying the can.

I sold my house and my wife and son moved aboard to escape the pressure that we were under and I took a job in a new company paying much less than the 6 figure salary I used to earn. I earn enough to look after my family and that is all.

I have paid as much as I can to them and am now fighting back thanks to the threads on this forum that I try to absorb like a sponge.

The only lenders who have chased me recently have been seen off with CCA requests and a lack of information on their part.

I have paid thousands over the years in charges (which will be reclaimed if and when people attempt to chase me) and I paid back money when I could. I can’t now so I don’t.

However the pressure I was put under nearly 5 years ago almost drove me to the point of finishing it all once and for all and that isn’t right or fair. My son would be without a father if I had wavered back then in those dark days.

Now I am much happier, most of my debt appears to be unenforceable, I have no debts and I have no intention of borrowing again.

So the moral of my waffling is don’t let the buggers get you down, however nasty they are or whatever they threaten you with.

Do not let them think that you are a bad person or “immoral” because your circumstances change and don’t allow you to repay debt. You aren’t and you shouldn’t be made to feel like that.

Things are never as bad as you think they are particularly when you have all the information to defend yourself.

Rant over! Apologies in advance.

[Paintball]

Hi Lorna

I'm really pleased for you that you've begun to take charge of this issue. At least when you do find the courage to speak to your Dad about your debts, you'll be able to begin by demonstrating that you're doing something positive, and give him less reason to worry. Parents usually get angry because they worry about us, but in this instance he will be able to see that you've found a whole website full of support and guidance from people who know what they're talking about! ...

Good luck

[loopy_lou1]

I don't know if we can carry on because I live at home as I say and until the CCAs are sorted etc., these calls are coming every day. My mother is saying the debt is mine and it's MY problem and why should SHE have to deal with these people when I am not there or even when I am there. Regardless of whether we put the phone down or not she shouldn't have to deal with this and it just caused a row and I think this is just the beginning. It is great advice to tell me to be strong etc., but it's not me as I keep saying. Is there no way at all I can stop them from phoning? Isn't it against the law to harrass and make threats about takein your house? He called me "Mrs" today which my mother was worried that she was involved - I've tried to explain but it's really hard.

[PriorityOne]

Lorna, if you 'phone BT and tell them you are getting crank calls, they will change your 'phone number FREE.... it takes about 24 hours to kick in I think....

[tomterm8]

I don't know if we can carry on because I live at home as I say and until the CCAs are sorted etc., these calls are coming every day. My mother is saying the debt is mine and it's MY problem and why should SHE have to deal with these people when I am not there or even when I am there. Regardless of whether we put the phone down or not she shouldn't have to deal with this and it just caused a row and I think this is just the beginning. It is great advice to tell me to be strong etc., but it's not me as I keep saying. Is there no way at all I can stop them from phoning? Isn't it against the law to harrass and make threats about takein your house? He called me "Mrs" today which my mother was worried that she was involved - I've tried to explain but it's really hard.

 

Firstly, assuming that the house is in your parents name, then threats about them "taking" it are lies.

 

I would consider going out and purchasing some telephone equipment, and recording these threats. Then i would write a formal complaint to their office, with a transcript of the phone convesation and informing them that all communication has been recorded.

 

send it to their legal team, and trading standards.

 

This will at least keep them honest.

 

No one can make the decision for you. One of the reasons I posted the advice earlier is I know how hard DCA's can make it. They WILL harass you, at least in the short term. Some people have success making their home line exdirectory, or changing phone numbers, but some DCA's just call your neighbours instead asking them to get you to call them. If you go the legal route, it will be hard for a time.

 

In your case, bankruptcy or a DMP may be the best option, but only you can know that. The tone you are using does concern me, a great deal, however. I really would talk to the national debt line, National Debtline England & Wales | Contact National Debtline .

[loopy_lou1]

OK I've made my decision

 

I'm going bankrupt. I am terrified and I hope it's not the worst decision ever - I really think it's the best option for with two failed IVAs and no forseeable end to the issue I don't have an alternative.

 

I phoned the County Court this morning and I am going to pick up an information pack on Monday. I also phoned Payplan and they advised me the same as you.

 

I should have done this ages ago. I do feel better that I am not hiding now.

[tomterm8]

Loopy lou1, I'm actually very happy for you. bankruptcy is a terrible thing to have to go through, but often the hardest thing to do is to make the decision. And, in your case, I think it may very well be the best thing to do.

 

While some people on this forum have gone through it, and everyone offers support, I often advise people to go to http://forums.moneysavingexpert.com/forumdisplay.html?f=136 since it has a heck of a lot of people in exactly the same position, and answers some of their fears / questions.

[loopy_lou1]

Thank you so much. Honestly, you guys have opened my eyes and made me realise that I am not alone. Stupid and reckless a bit I suppose but I can't bury this anymore. I've avoided the bankruptcy thing for too long. My best friend works in debt counselling and he mentioned BAILIFFS last night to me and that was the last straw.

 

I can't put my mother through this and I can't put myself through it, either. My sister has told me she'll support me all the way because she's been in a similar situation but she managed to get out of debt only by selling her house. Which is the best thing she's ever done.

 

I know the implications of bankruptcy and I have considered this option very, very carefully. It's not only affected my credit - this debt problem has affected my whole life. I've put on weight, I have no self esteem, I hide away living in a dream world to forget that I have a very serious debt problem.

 

You're right that making this decision was one of the hardest. I do feel like an alcoholic! I'm Loopy and I am in debt and I want to go bankrupt. There!

 

HFO are going to LOVE this!!!!!!!

[Edz11]

I've read this thread and smiled and winced several times when I read it. Bankruptcy isn't always the best route to take, although the other month I advised a client to take it and he's going to be discharged in 12 months according to the Receiver. As he said himself, "it's bit embarrassing but better than sleepless nights".

 

He'll be happy, the Revenue will be the opposite...

 

But, Loopy. I suspect a lot of the circa £40k of debt isn't what you've borrowed - a lot of that figure will be charges for late payment, with interest and other penalties on top. (Specially those "overlimit fees" which only arise because of the damn charges they put on in the first place!). Most, if not all of those charges aren't enforceable. Before doing the bankruptcy thing you really need to to find out where you are so to speak.

 

The pressure you've got via the telephone at home is not acceptable. As your parents get older they are less able to cope with pressure, as you've probably noticed. You need to get the CCA letters off along with the warning about harrassment. That will reduce telephone contact to possibly one or two of the Debt collectors. Those that continue to contact after the've had the recorded delivery letter about harrassment have to be beaten to death with a copy letter to the OFT.

 

When you get your statements, agreements etc you can then organise your debts into those which are enforceable. (those where you have been provided with a true copy of the executed agreement, NOT a copy of an application form), statements etc and those which are not enforceable as you've received no paperwork.

 

Those that you've received the CORRECT paperwork for are the ones that you "owe". But that is when it gets interesting. You then have to start going through all those statements and find out how many charges have gone on the account. (late payment, overlimit etc). They have to be removed, with interest (cross that bridge later) and that will leave you with the figure you REALLY owe.

 

I wouldn't be in the least bit suprised to find that it's only 10% of what you currently think it is. Yes sounds like a fantasy but spend some time going through the posts on here and you'll see why.

 

I know that what your best friend mentioned last night was scary. But, there aren't any Bailiffs until it's been to court. The advice you're getting on here is designed to prevent the court getting involved.

 

Hope you make the right choice.

[loopy_lou1]

Thank you but I know that most of my debt is what I owe. I'm going on the original lending not what I am due to pay back.

 

The CCA thing is going to take WEEKS and WEEKS and I have been to-ing and fro-ing over this a lot before making the BR decision.

 

I don't have a way clear of my debts. I have a way to manage them if they agree to £10 here and £5 there. That doesn't change the fact that I could have debt hanging over me for the rest of my life.

 

BR is not an easy option - I know that and the stress is terrible but I can't do a DMP because I have tried all these things. I've failed TWO IVAs - I've tried payment plans and not stuck to them. I can't do this anymore. I need to start afresh.

[typhoo]

what is cca

[loopy_lou1]

CCA is Credit Consumer Act 1974.

[Tau]

Hi Lorna.

 

Your situation sounds very similar to mine. I had roughly the same amounts of debt owing to several credit card companies.

We had all the nasty phone calls and letters and were even threatened with a visit from a Licenced Home Agent Scary man:)

 

Any way I called Myvesta and they advised me to file for bankruptcy, which is what I had planned to do anyway, but just wanted some one to agree with me if you like.

Its not an easy decision to make nor one that should be taken lightly as it does hang over you for the rest of your life. But it does get rid of your debt and allow you to live a pretty normal life.

 

If you do take this route, then open a basic bank account with say the co-op and tell them that you maybe going to file for BR.

You will need to do this as your current bank will more than likely close your account, be they a creditor or not.

 

Tell the Official receiver that the co-op account is a basic account and is used for your day to day living and your wages/salary are paid into it.

Draw all your money out of your account and pay it into your new account or hold onto the cash until its all sorted.

Stop paying your creditors and save the cash to pay for the court fees etc. It may cost you £485 in fees at the court to go BR.

 

Once BR you can either write to the Dcas and tell them to send any correspondence to your OR. This p*sses them right off

 

The Judge will ask you if you have taken proffessional advice prior to going to court.

 

Allow all day for the hearing (this only takes about ten mins) as you will need to speak to the OR once you come out of the courtroom. They will then probably call you at home and may take a couple of hours:cry:

 

You are in good hands now and have the backing and experience of all the members on here.

 

Good luck in what ever you decide to do.

 

 

Geoff.