Applying for IVA - Debt collectors ringing

[chimp]

Hi,

I am currently in the process of applying for an IVA with Grant Thornton, however this seems to be going on for ages..

I applied and sent all info to them End of November and was advised to stop paying creditors...

They have been ringing me constantly to sort this out, i have used the excess cash i have had each month to pay back moneies i have owed to others such as friends etc...

So i now only owe the creditors... however a few of these have now passed on to debt collectors such as DCL and Mercers.

Mercers have said i have until 12pm tomorrow to pay something or they will visit my house.. Proper scared now..

They said i can pay £85 to send it back to Barclaycard or start a £42 debt plan. However i am not sure if either of these is the right solution. Grant Thornton said i don't need to do either and they are just trying to scare me...(Doing a good job of it)

My draft is ready and being sent to me so not sure what to do..

Any advice?

[Shining]

They really are using scare tactics (Mercers) they did it with me, threatened me a fair bit in respect of doorstep collections. I stuck my ground and paid no payments. It's not nice I appreciate that but if you can weather the storm, it should soon be all over.

[emma_t]

Hi chimp

The average iva can take 6-12 weeks to set up, but I would bear in mind that it is an extremely busy time of year for Insolvency Practitioners.

I would ring GT and ask them for advice and to give you a timescale of when things will be ready. I would forward them any creditor letters you recieve and let them know of any harrasment. Hae they written to all your creditors to let them know you are seeking professional advice?

It is such a stressful time while getting things sorted and while waiting for the iva process to go through the motions. Creditors will chase you for the money until your iva is accapted, Mercers are particualy aggresive but I have never seen a case on the forum where they actually visited someone at home. They cannot leagaly enter your home without a court order, so try not to panic too much.
All you can do is explain you situation, that you are taking professional advice and cannot make a payment at this stage and refer them to GT.
I would also try to remember that they are call centres where the operators are paid commision for every payment they take over the phone, so thats why they pressure so much. Try no to take anything to heart.

I believe that the forum helped me through that time and please keep us all updated and any questions, problems, down days you have - post for support[:)]

Good luck and contact GT on Monday and make them aware of your concerns

Good luck
Emma

[Reviva UK]

Hi
Please remember that firstly Mercers are a large company and as such are simply not capable of sending someone round that quickly.

secondly if they send a debt collector round please remember that they have ABSOLUTELY NO LEGAL RIGHTS WHATSOEVER to collect any money from you. You can be as polite or as rude as you like ( if they are not bailiffs !!!).

Lastly you have 3 choices on the phone

1. don't answer it
2. tell them that Grant thornton are preparing an IVA ( would be suprised if a telephone grunt would have even heard of them)
3. Don't give your personal details on the phone ( i.e. dob etc) so they legally cannot speak to you - see previous posts on this
4. If they frighten you and their call causes concern tell them that

"Under section 40 of the 1970 Administration of justice Act they are causing you harrassement and under the act they are committing an offence which both the operator and the company may be liable for a fine and possible removal of their consumer credit licence."

if nothing else no3 or 4 would get them thinking as these answers don't come up on their scripts so they are unlikely to now how to deal with it.

Hope it goes well for you

[emma_t]

very informative Paul, I was in a state most of the time and range Melanies office a number of times for advice after I had spoken to Mercers.
I think if people waiting can print off your post and keep by phone it would prove very useful[:)]

[Reviva UK]

My post is not supposed to be used to wind up the creditors but I sometimes think that as an individual one is up against it - not knowing the game, the rules or what is allowed. That is often why people seem pressured into accepting something because they don't have the confidence to push back. Just look at the comments and experiences re Moorcroft. I have even seen creditors phone neighbours to ask them to "pop round to John's and ask him to call XXX".

I had a client 2 years ago that took the advice a bit too literally and started to have too much fun on the phone with his creditors.

Got to the point that he wouldn't give out his date of birth until the caller gave him their dob. He actually got someones full name and last 8 digits of thei credit card number too.

The point is that one should NOT be intimidated. Money is just a lot of numbers on bits of paper - it shouldn't effect what is important in life

[emma_t]

Agree Paul

I was as polite as I could be and was never rude, but as an 'average' person I did not know at the time that all the things they scare you with would not happen. I was terrified of someone calling at the house, and without the forum I would not have known how unlikely that is to happen.
I nearly caved under pressure many times and make payments I could not afford as I just wanted the calls to stop.

I just think the more clued up people are about things the better able they are to deal with the situation.

Great to have you posting as always helpful and informative[:)]

[aguise]

I think for some this is one of the most frightening aspects of setting up an iva. Most calls we had were ok and no problem ,and we always answered, but some do not just border on harassment, they are nothing but, out of 17 creditors ther was just one, we were threatened with paying 10 pounds for every call they made, asked for details and the phone was put down, sometimes they didnt speak at all and not just one call a day up to 14 some. I felt at one point they were just having fun in the office thinking what could they do next. I rebelled and decided to complain to their customer services every time they rang and low and behold after ine sharp phone call informing them that it was harassment and that I had logged every call and the times they just stopped.
Anyone reading dont be frightened of these calls it is their job, be strong, and take Pauls advice, some just try to frighten you into some form of payment, hopefully its not for long.
The forum is always here for support at these times if you just need to moan about it or for advice on how to deal.

Ang

[Reviva UK]

Just as an aside I quite enjoy makeing the phone calls and asking them to stop so if anyone really can't cope with the calls speak to andy and he can give you a contact numebr for me.

Debt is really just a number on a piece of paper and the sooner people can get back on track WITHOUT the stress the better off we all are.

Happy to make a few calls here and there if it helps folks out while you are waiting for the IVA or DMP to kick in.

[Soulgrowth]

It's people like you that keep the world turning Paul [:)]

Debbie

[Dominic]

as i recall it debt collectors have no legal right to demand entry and get a call display unit any number you are not exepcting a call from ignore.

[angela18]

thats a fab idea!!