Debt Collectors left a card to say they will call

[i_a]

Help!

RMA (debt collectors for MBNA) have left a card saying they will be calling round the house Monday.

Is this legal?. I have told both RMA and MBNA I wil be proposing an IVA shortly.

Surely they need a court order or something? Can I call the police if they show up?

Shall I call RMA/MBNA/my IP?

Woried sick, Ian

[MelanieGiles]

Hi Ian

I doubt very much whether a debt collector will turn up on Monday, but make sure you ring your IP first thing Monday morning and aske them to phone MBNA for you. Alternatively why don't you ring MBNA yourself and tell them you will make them a token payment, which will probably stop them harassing you until the IVA is in place.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[i_a]

Thanks Melanie,

The card was quite specific and hs the name of the person who will be calling.

The trouble is I have 5 different accounts with MBNA and have already paid Thomas Charles this month for their fee in compiling my IVA case so I have absolutely no spare money. I suppose I could pay £20 but only for one account not the 5 in arrears.

I was advised not to pay anyone by TC as it will show preferential treatment for one creditor.

[freelili]

Ian

I know how scary this is, only county court baliffs can enter, these are debt collectors and they have no power to enter your home. (they are trying to scare you and it works)

Simply tell them to go away and refuse to discuss anything with them, they will not be after goods, they will be after money. This happened to me, the guy came in a corsa, to remove goods,they threatend to bring locksmiths and the police within 24 hours. My heart stopped, but they had no power to do this. I spoke to my advisor (in tears). She sorted it, they didnt come back. Contact your IP ASAP.

I know this sucks for you,it is probably a delay in communication. It makes me wonder if its not 'convenient' for these people as many people will part with money on the doorstep. (I did in a previous visit, because I didnt know)

If you pay them, will they just not increase the pressure and call again? I would stick to your guns, they have no power.

I hope this helps.

Best wishes

LILY

[MelanieGiles]

Yes - have seen those cards and they are usually a method to get you to panic and pay money. You would not really be preferring this creditor, as you are only paying a token payment to stop them from harassing you. If you can afford £20 - then I suggest you send this, but make it clear that this is to be allocated against all five accounts.

What percentage of your overall debts is owed to MBNA. They still seem to be rejecting all proposals at the moment - so beware if they hold more than 25% of the votes.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[i_a]

Thanks for the advice Lily,

The worst thing is my partner runs a business from home so she will be here not me if anyone calls. She knows my situation but it will be incredibly stressful for her if someone does turn up.

I know they can't take any assets and there's no way I can pay them but I'm a bit worried I'm going to hit someone if they turn up and are aggressive.

I'm a quite person by nature but have already had a shouting match with a creditor down the phone who was extremely rude and aggressive and I'm not sure what will happen next time!

[scaredkez]

i too am having letters off RMA, they are covering natwest rbs and littlewoods, for the littlewoods account which is the smaller one of the 3 they are chasing me more for, i have communicated with them on the phone and have instructed myvesta is dealing with a dmp now i know they have received payments as myvesta have told me they have, they haven't informed me that they agree disagree with the dmp but had a letter off them this morning stating i refuse to communicate with them or speak in regard to my account with littlewoods which isn't true, i will forward the letter to myvesta, i wonder if they will visit me as their next course of action!
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[i_a]

Melanie,

I think it's about 10%-15%. I have 22 creditors (unbelievable I know). The problem is I know lots of them are owned by the same company overall (I have 4 creditors who are ultimately owned by RBS) so I am worried that they will vote as a group.

I am proposing about 45p as a dividend so am hoping it will go through as they is absolutely no way they will get anything like this is I am made bankrupt.

[MelanieGiles]

Don't worry about RBS - they are generally very supportive towards IVAs. Seems like a good case there - try and get Thomas Charles to refer you to an IP as soon as possible, so that they can start to work on your behalf.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[i_a]

Hi ScaredKez,

Thanks for the post. Unfortunately that's worrying me even more now as I have lots of RBS debt as well. In total I have 5 MBNA creditors and 4 RBS creditors! Hope they don't all go through RMA as it sounds like this will be an administrative nightmare!

[i_a]

Melanie,

My case went to Accuma Friday. I have nothing but praise for Thomas Charles - they have been great. I hope Accuma are equally as good.

I suppose this is the first time someone has threatened a visit and I'm sat here on my PC worried sick instead of enjoying a Saturday in.

Shuld I phone RMA themselves Monday? With this many creditors I'll be on he phone all day!

[freelili]

You will not need to get aggressive Ian. They will be banking on you not knowing the above.

Dont pay them anything, you should be covered by the company, tell them (nicely) to go away, they will I did it myself. (I am 5.2 and a small build). If they dont go call the police.

The first time I gave them money, £120 pounds, it was all I had for the week, I couldnt feed myself, as I say I didnt know then and was angry with myself for falling for it.

When you get these rude creditor phone calls tell them you are recording and mention the telecomunications harrassment laws, I did and the 'die hard' creditor does not bother me now.

These people are doing what they are paid to do, they dont care how, would you do their job? If you pay them they have won. (thats how I see it anyway).

Good luck I know this is a stressful time for you. It will be okay, I made a compaint about an aggresseive caller and they have sent me an appology. There are harrassment laws to protect you.

Youre not alone Ian, relax and enjoy your saturday.

LILY

[scaredkez]

ackeryi please donot stress i know thats easy to say but what can they do if they turn up nothing, you don;t even have to answer the door, if they do just politely say i am not discusiing the situation on the doorstep, i am in the middle of proposing an iva, and the company will deal with you directly ask them to leave your premises as if they don't you will call the police as they are now tresspassing, in one of my posting i posted a piece by another insolvency practitioner on what to do if this happens will try and find it for you, enjoy your night, probably an empty threat to make you panic.
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[MelanieGiles]

Ian

It would not do you any harm ringing RMA on Monday - tell them that your case is now with the IP and that proposals should be ready in about 4 weeks. Debt collection firms have no power to enforce any debts without a Court Order, so you really have nothing to worry about.

Neverending has a great method to deal with things like this - ring them every morning to give them an update - even if it is only to say hello! This fills their computers with useless information, but is likely to stop the letters.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[i_a]

Thanks Lily,

I blew my top with one creditor as they phoned my partner 12 times in one day and the final time I was home.

It was a really bad line and I hung up as I couldn't hear them. When they phoned back they accused me of being rude and pretending I couldn't hear them! Not surprisingly that got my hackles up and I can't really repeat anything I said after that!

Seems like life is going to be incredibly stressful over the next couple of months! Trying to keep my chin up but it's not easy.