www.iva.co.uk

Hello Everyone

I apologise in advance- My posting relates to a Bankruptcy question and i have also posted on the sister website though you guys are also so helpful i thought i would run my worry past you too as you have helped me out so much when i was considering an IVA and DMP

Some of you may recall from my postings a month or so back that i was considering bankruptcy. Armed with all the facts and putting things in my life into perspective, i decided that it would be the best option for me and my fiance and our future. I have since filled out the necessary forms and am awaiting my court hearing which has been booked in for 17th October at our local courts.

The problem is that this is quite a way off, apparently the courts are really busy. Since obtaining a hearing date i have openly told my creditors that i am going bankrupt and given them the date and court location etc, and to be fair most of them have been understanding and just call once a week for an update.

However Barclaycard have referred me to Mercers and because i am unable to pay them anything in this interim period, they have today told me that they are reffering me to Door Step Collections.

This is worrying me and i was wondering if anyone hear could advise me on what will happen when my door gets knocked? Will they force entry into my home? What if i am not in? Me and my fiance live at my parents home (mum turned upstairs into a 'flat' for us) and i dont want my mums stuff getting conviscated.

I dont have any money to give Mercers/Barclaycard - and it would be really heartbreaking to lose our furniture etc - do i have any rights when muy door gets knocked? What should i say? Do i have to give them anything?

I am just counting down the days and the stress lifts a little every day i get closer to 17th October, i am just really worried about what will happen with this door step collection

Thanks for your help

Those sort of calls are usually idle threats to try to coerce you into paying something, but in reality I cannot say whether anyone actually will trun upon your doorstep or not. You could speed up the bankruptcy by applying in person at the High Court in London - where you are guaranteed to get your bankruptcy order that day. Might be worth considering.

Mercers tended to be full of idle threats in my case, and never turned up.

Good luck with the BR ... isn't it just a sign of the times that the BR courts are so busy [:(]

Debbie

They cannot enter your home so dont worry about that. They will try to bully you into making a payment but stick to your guns,no point paying a penny if you are going BR!!!

Given that you live at your mums house you have the ideal situation(get her to answer the door).

Many companies threaten you with door step collectors,very few actually send them out,so try not to worry.

Hi,

Mercers have been our biggest nightmare, they have threatened us on several occasions to send a doorstep collector. The first time they mentioned it, I couldn't sleep for days worring that they may turn up when we had visitors or even worse that one of our children may answer the door to one of them.

I got advice from the forum and the general opinion was that it was probably a threat to try to get us to make a payment as most of the people that call you are working from call centres and most likely on commission.

We have never actually had a call (not when we have been at home anyway!)but I must admit my heart skipped a beat on Saturday when a man in a suit knocked on our door. I sent my husband to answer the door and distracted the children, I was convinced it was someone from Mercers, however, to our relief if was only a salesman calling from BT!! It really made me feel sick though and made me realise how relieved we will be if we get our proposal accepted!!

Another company that threatened to call was Aegis, working on behalf of Alliance and Leicester (MBNA). They sent a postcard saying that someone would call on Thursday and if it was not a suitable time then I should call the number. I did call them and explained that we are in the process of getting our IVA proposed and I must say they were very sympathetic and said they would update their records. I have not heard from them since!

Hi

i have answered the question on the other forum but thought it worthwhile answering here as well.

The debt collectors are the same as the telephone collectors. THEY ARE NOT BAILIFFS !!! they have absolutely no legal rights to take assets or coerce you out of money.

They are usually on commission and will usually leave double quick when you tell them you have booked a court date for Br.

If you get too much aggro then you can quote from the :- Section 40 of the Administration of Justice Act 1970 - which covers Harrasement .

Mercers threatened us all the time with debt collectors. No one ever turned up, I was quite disappointed really as I was looking forward to sending them away with a flea in their ear!

Hey Tifosi1,

Apparently as everyone has said it is very rare for them to actually come out. However, mercers did come out to me after 6 months. The lady that called was lovely, very polite and when I told her I was in the process of setting up an IVA, she apologised for troubling me.

I know not all debt collectors will be like this but if they do call and you tell them you have your court date booked, they will log it down and leave you in peace.

I don't want to scare you with this post, they probably won't come out, but I just wanted you to know that it's not that bad. Good luck with the BR. X

Thanks Everyone, i am so relieved to hear that it is probably an idle threat.

Melanie - you mention i can speed up the BR process by applying direct at the high court in London - do i actually need to visit the court there personally? I am in Newport and would take some organising with work, travel and money to get there.

Is it something that could be done online or over the phone? It must have been 3 weeks ago when i booked the BR hearing in Newport - i couldnt believe it when they said 17th October. The number of people in my position must be huge

Thanks All

Yes you would need to attend personally - and Newport is approximately 1 3/4 hurs from London on the train.

I work in Cardiff and use Newport County Court a lot. I am suprised that their list is so long, and it may be wise to check with the bankruptcy clerk there to see if there have been any cancellations.

If you went br through the High Court, would it still be reported in your local newspaper at home?

Yes - the same rules for advertising apply in the High Court.