What to tell creditors

[sblack]

Hi Everyone
Whilst I was reading the forum this week I came across a post that gave advice about what to say to creditors that won't give up calling. It mentioned something from an act I think, I can't find it now and I need something to say to MBNA when they inevitibly ring again this week. They sent me a very pretty postcard on Saturday telling me they will do this. I did't know who it was from until I looked very closely at the very very small print in the middle of the card. I have also had letters in pink envelopes from them!!
Anyway if anyone could help it would be very much appreciated.
I have just sent my proposal back last Thursday, how long do you think I will have to wait before my creditors meeting?

[Adam Davies]

Hi
I found this reply by Moose

Harassment by creditors
It is perfectly reasonable for someone you owe money to ask for it back, however sometimes demand for repayment can take unpleasant forms.

Under Section 40 of the Administration of Justice Act 1970 "the Act" harassment is defined as "trying to coerce a person to pay a contract debt by making demands for payment" subjecting debtors to "alarm, distress or humiliation by the frequency, publicity of manner in attempting to collect the debt".

The following are generally regarded as harassment: -


a creditor claiming non-payment of a debt is a criminal matter

calling repeatedly at unsociable hours

calling at the debtor's place of work if requested not to (advising the creditor that you are under threat of disciplinary action and may lose your job can often stop them calling)

using abusive or threatening behaviour and threats of violence.
Harassment is a criminal offence


If they are calling you now its unsociable hours,you need to turn the tables on them, i had hassle my response was to tell them how threatening they were being and quote the above when they called all the time and talk over them. I have no time for people who hide behind 'we are only doing our job' while bullying folk

all the bes,,we are with you

[Skippy]

http://www.iva.co.uk/forum/topic.asp?TOPIC_ID=3069

I'm not sure if this is it, but it's all I could find!

[markss]

oh i had a pink letter from mbna was disapointed thought it was a valentines card!

[sblack]

Thanks for the prompt replies and for finding the information for me.
They do not call during unsociable hours the calls are just constant and they keep telling me that my IP has given me illegal advice by telling me not to carry on making payments. The thing is I couldn't afford to make the payments if I wanted to, why do they think I am applying for an IVA [?][?]
It is very comforting to know that there are people to turn to ask for advice when things are going around your head and you're not sure what to do.
You are doing great work on this forum. Thanks [:)][:)]

[emma_t]

Hi sblack

One of the hardest things in the whole iva process is dealing with presure from creditors.
Some are so persistant and phone at all hours, sometimes multiple times a day.
You really need to be firm and just keep repeating yourself that your are taking professional advice and am unable to make payment at this time, and give the name of your IP. I kept repeating this parrot fashion and in the end they give up for that day. Don't listen to any threats or if anything really worries you contact your Ip and advise them.
All creditors only had my mobile, so strangely enough if I could not get rid of them I would suddenly, as if by magic[;)], lose any signal and the phone would cut off.

It sounds awful to say bu you will get used to the calls and become accustomed to dealing with them and by the time they can commence any of the actions they may threaten hopefully your iva will be accepted anyway[:)]

Good luck and the forum is a great place to vent any frustration and ask any questions
Good luck
Emma x

[Reviva UK]

Think I mentioned this on a previous post but the creditor can only speak to you if they have confirmed that you are you - i.e. dob , mothers maiden name etc.

You must be absolutely NUTS if the phone rings and you give a complete stranger intimate personal details.

If the pressure is to great than simply say that you do not give out personal details on the phone so grateful if you could write to me with your offer.

As easter is fast approaching don't be surprised to get a lovely postcard from Bank of America ( MBNA) with a cartoon bunny on the front.

[MelanieGiles]

Last year they were fluffy lambs!! And I am being serious.