I am in desperate need of some advise

[andymac]

Also, Bankruptcy protects you from your creditors, once you are declared BR, the Official receiver controls your assets and finances. The creditors are no longer able to chase you as it is out of your control, and have to speak to the OR instead.

It sounds as though you dont have many assets. And, given your income, they also would not take any of your income. After 1 year, you are normally discharged from BR and free from your debts.

Nobody can take your friends house as long as you are not legally connected to it, ie you bought it with her etc etc which it sounds as though you are not. You would also not go to prison or in police custody, that is absurd and simply they are trying to scare you.

If it were me, i would give my parents back the 4K, and go BR. otherwise, you are still going to have to pay them back anyway....

[mikebdomain]

You cannot be prosecuted in the Criminal Court because you have not paid a consumer debt. Creditors who try to make you think you can are breaking the law.

If you feel you are being harassed, you can take the following action:

Write to the creditor and tell them that you are familiar with the terms of Section 40 of the Administration of Justice Act.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

Demand that they take immediate steps to avoid future harassment by their representatives. If you have received threatening telephone calls, tell them that you will record any future calls and send a transcript to the local Trading Standards Officer. Tell them to contact you by letter only, and that they should confirm their agreement to this in writing.

If you feel the need to make an official complaint regarding a creditor or debt collector, this should firstly be made to your local Trading Standards Officer. If Trading Standards will not act, contact the Office of Fair Trading. Do it in writing and send copies of all letters to your creditors and any debt collection companies and / or solicitors acting on their behalf.



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[mike.s]

Hi jussyj,
My heart goes out to you and your son, it is a heartbreaking situation for you. But this is an excellent forum and you will get loads of help support and advice, and hopefully some comfort through this difficult time. It will get sorted, may not seem like it now, but it will and you will get through it and get your life back. I am no expert, just someone who is also in debt and getting through it will loads of help from everyone on this forum. Melanie and her team have helped me through a very difficult time, I too have been through those sleepless nights and very dark and desperate hours. But thanks to Melanie, Hywel and the team I am almost out of the tunnel, and I can't beleive it, especially when I look back to just a few weeks ago, I was at my wits end and in a terrible state. Melanie always gives excellent and honest advice, and everyone on this forum fully understands what you are going through and will give you all the suoport you need to help get you through this and put your life back on track. Keep posting, and let us know how you are getting on or if you just need to talk to someone, hope you are feeling better soon.
All the best
Mike

[lily]

Awww Jussy you poor thing.

these creditors are just trying to scare you into paying, I know exactly how you feel, before I found the forum I was so scared of these calls and believed everything they said. They cant do anything, thats why they shout so loud, it makes me mad now, how they make someones life so miserable, when you have explained time and time again your circumstances.

Well it has got to stop, its not fair to you or your son, you poor thing. The calls are from call centres, the staff are paid a percentage of what you give them, they also have a target for the day, they thrive on fear, they cant put you into prison for this debt, it really makes me mad.

I was going to go bankrupt this time last year but my circumstances changed, I was scared too but it really isnt as scary as you think its going to be and these debts (you must include all debts) will be written off, those people cannot bother you anymore. Why give them 4K that you will have to pay back to your parents??? Its just more debt for you to deal with, I know we all want to repay as much as possible but you have tried, how many years have you tried to do the right thing??? How hellish have you been treated for it???? Its just not fair, I would just tell them that youre going BR and not to bother you again or you will record the call and make a complaint, while you at it, you can tell them to get the facts right and not to tell people they will go to prison when they wont. How scary is this for a single mom???? Its disgusting. I just dont know how they get away with it. The swines do not deserve your fear, dont give it to them. I know this is hard for you, I know youre scared but there is an answer to all this and you can put it all behind you.

Always here for you.

lily

[emma_t]

Hi jussyj and welcome to the forum

your situation sounds like a nightmare for you at the moment but please be assured that there is a light at the end of the tunnel and you will reach it.[:)]
The loan company sound like bullies to me, there is no way they can do anything to your friends home, so don't worry about that.
I think bankruptcy is not such a scary procedure as many people believe, not by any means saying it is easy but have a look at some blogs on here as Melanie suggests and post any questions you need answers to as there is always someone on this forum who will have the answer.
I wish you lots of luck as it is a difficult time for you, keep in touch with the forum as you will find it a tremendous support
Emma x

[Adam Davies]

Hi
Well shame on Allied credit,this has to be the worst case that we have heard about on this forum
Jussyj,I would also advise bankruptcy and put this all behind you.
You will get all the support that you need from this forum whilst you go down the bankruptcy route.
Regards

Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[johnt]

Hi
Well shame on Allied credit,this has to be the worst case that we have heard about on this forum
Jussyj,I would also advise bankruptcy and put this all behind you.
You will get all the support that you need from this forum whilst you go down the bankruptcy route.
Regards

Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

I agree, this is shocking.

Let's be very clear about your situation.

In the grand scheme of things the amount you owe although you think it's a large amount, is fairly modest.

I owed £55,000 at the age of forty. I now owe £30,000 after my IVA agreement, and couldn't be happier.

Allied are using a common practice called intimidation.

Since you posses nothing of real value, then bankruptcy good be a viable option. It won't cost much, you'll be free of its responsibility over a short period of time, and with bankruptcy becoming so common place you will still be able to get a mortgage in a few years time, even if you have to pay a few percent extra above the base lending rate.

I just wish I only owed the sort of sum you need to pay back.

Remember if this is stopping you from living your life to the full, then get wise and take the power back.

They cannot reposes your friends house, and you will not go to prison.

You owe consumer credit. Their responsibility to you as a lender protects you from any action they make from trying to recover the debt. They can only send a bailiff if a summons is ordered by the court. You would be given plenty of notice for this, and is a very extreme situation.

Write to the company give a full account of you incoming, your outgoings, your deposable income after essential bills have been payed, and offer to payback what you think you can afford, even if it's only five pounds a week.

If they refuse this, write again informing them of you intent to declare bankruptcy. If they still refuse then your best course of action will have been determined for you.

You must put this all in too perspective, and enjoy your son and enjoy your life. This debt is such a small part of your life, and shouldn’t define who you are.

[Skippy]

Hi Jussyj, please don't worry about bankruptcy, when you have that order from the court you will have no debts and no-one will be able to touch you. I went BR in March after my IVA failed and yes, I was terrified but I was treated with dignity and respect by everyone at the court, and also by the Official Receiver.

As the others have said I would give the 4k back to your parents and borrow the money for BR - you may well be entitled to a reduction in fees, check with your local court.

You can complete the BR forms online - www.insolvency.gov.uk - and print them off before you go to court, or else you can contact your local court and they will send you the paper forms to complete. You will need to contact the court to find out if you need to make an appointment for your BR hearing or if they have a walk in policy.

The BR will stay on your credit file for 6 years, so you wouldn't be able to get credit in that time, but my personal view is why would I want it after all the stress it's caused me?

Good luck and please keep posting - we are all here to help you.

Melanie, sorry for not answering sooner, I was freezing to death on the South Coast but thankfully we came back a day early!



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