Big, big mess... petition being issued for my bankruptcy??

[pumpkin30]

I've got myself into such a mess with money, I don't know where to start.

I had loans and credit cards with companies such as Citifinancial, Capital One, Royal Bank of Scotland plus a few other smaller debts.

 

Now they have all been sold to debt collection agencies or bailiffs and I have just opened all the letters I have been ignoring. Some of these people have had no contact from me for over a year.

 

I have a letter from Rutherbridge Limited, they appear to have bought the debt from Direct & Legal Collections who originally bought it from Citifinancial. The amount is £1692.

 

The letter says they are no longer prepared to correspond with me and on the 30th July (which has gone!) will be advising the client to issue a petition for bankruptcy!!

 

The other letters I have on behalf of other creditors are threatening bailiff action and doorstep visits.

 

I already have Scotcall calling to my house all the time and I just don't know what to do, I don't know where to start. I can't believe I've let it get this far.

 

Any advice would be so much appreciated.

[vogelrok]

get yourself the copy of the CCA template letter. send it to all DCA's that are issuing threats.

they cant send the baliffs in without a court order and they need the police with them to force and entry. other than that if they come round tell them the debt is in dispute and they are to leave the doorstep. i doubt they will call round.

 

these people work on fear, fear that they can push you around as they want. they dont have the right to do this, push back starting with CCA letters to them all.

 

do some reading of other threads and you will see that they do talk rubbish half the time. if they have all there paperwork in order then fare do you will have to pay. but make sure you get it checked on here first by someone in the know.

 

you have done the right thing coming here. these people have learnt loads and are happy to share and help.

 

 

just dont worry dont panic about it. its a debt nothing else they cant take your home unless it is a secured loan.

[diskmandave]

Deep breath time!

 

9am in the morning get in touch with the Consumer Credit Counselling Service..

CCCS - Free Debt Advice from the UK's Leading Debt Charity

 

And take it from there. Once you've spoken with them you'll quickly come to realise that all isn't as bad as you thought.

 

Post back once you've spoken to them and we can take it from there.

 

Also, you can find the CCA request template here;

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

Adjust to suit and include a P/O for a quid, be sure to send 1st class Signed For. There are timescales that are binding upon the recipient but that's for another post.

 

Good luck, Dave.

 

[Curlyben]

Just to add a couple of things.

 

NEVER talk to these "people" on the phone as they will say anything to make you pay a debt.

Always get everything in writing !!

 

Now if they threaten doorstep vists you DON'T have to let them in or even talk to them.

They are on your property and as such YOUR guest.

Bailiffs wont arrive at your home UNLESS they are ordered by a court, they don't simply turn up.

 

Any threat of court action is just that, BUT they WILL take you to court in the end.

You MUST act fast and ensure they have the legal right to collect these debts. This is one of the main functions of the CCA request.

 

Also NEVR ignore any court paperwork, as this will only case you SERIOUS problems.

Anything that comes from a court needs to be actioned IMMEDIATLY if not before.

 

The time for hiding is now OVER.

The time to regain control of your life and finances starts HERE.

[pumpkin30]

Thank you for all your replies, I'm currently filling in details on the CCCS website.

Just a question... what is a CCA request exactly and how does it work?

[Curlyben]

CCA is a legal request under the Consumer Credit Act (CCA) 1974 and asks the creditor for a true copy of the excuted credit agreement.

There are certain things that MUST be on this agreement to ensure that it is legal.

We'll cover these later once you start getting responses.

 

Now there are also some legal deadlines for this agreement to be supplied.

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has commited a summary criminal offence and the matter should be refered to Trading Standards for action.

 

I hope this clarifies some things.

 

I recomend that you start seperate threads for each DCA so you can get advice specific to the responses you receive.

[gizmo111]

Absolutely good advice from above - but most of all don't worry - to my knowledge only one person ever got blood out of a stone and it wasn't one of your creditors!

 

In addition to the above - don't enter into any agreements with anyone untl you are completly happy that you can afford it.

 

Keep posting and we will help as much as we can.

[tonycee]

.The letter says they are no longer prepared to correspond with me and on the 30th July (which has gone!) will be advising the client to issue a petition for bankruptcy!!.

 

This is allmost certainly their last effort at trying to frighten you.

Even if they do advise, its no guarantee that they will actually do it. It might not be in their interest to. And even if they do, you have time to start to sort yourself out. I bet you feel 10 times better now that you have actually opened the letters, so no more "head in sand" syndrome..

People here WANT to help, but cant if you dont help yourself Good Luck.

[sequenci]

would you mind telling us if you live in rented or mortgaged accomodation? it is highly unlikely a creditor would look to make you bankrupt if you're renting. this is due to the fact that a bankruptcy creditor's petition would cost them hundreds of pounds which they may not get any return from.

[clutchingatstraws]

The only way is up now you've taken the plunge and looked at your situation.

 

CCA all the companies that are claiming on credit cards and loans to see who has the right to demand money.

 

SAR all companies that you know have added charges to the debts and investigate claiming the charges back.

 

Make it clear that the sum owed is in dispute.

 

Discuss the position with a counseling service and sort out a buget.

 

When you see yourself getting into a hole, Stop Digging.

 

I did this nine years ago (CCA's not included) and will be free soon.

 

Good Luck.

 

You will get support here.

 

Cas

[babybear39]

Subscribing...

 

Good luck and best wishes

 

We're all here for you...

 

BB

[Allwood]

Where is the best place to find out if a postal order has been cashed.

[gizmo111]

Where is the best place to find out if a postal order has been cashed.

 

There is a no on the post office website

[babybear39]

You need to keep a note of the postal order number unlike me...