There is almost nothing worse than receiving a threatening letter or phone call from a creditor. It’s bad enough getting the odd one, but when it becomes a constant barrage from multiple creditors day and evening, it can really chip away at your self esteem, it affects your relationships and even your sanity.
Disarm the monster
You have to imagine a person sitting in a call centre with hundreds of numbers to call. Their phone is on auto dialler, capable of ringing hundreds of numbers in one day. Your phone number is one of thousands in the computer. This person is not very well paid and is targeted on the amount of money they are able to extract from you. Some (fortunately not many) of these people are prepared to lie, intimidate and harrass you in order to reach their targets. Not a very nice job! That’s the way things are in many of these companies.
It’s a similar scenario with the letters: Your name and address is fed into a computer which churns out thousands of letters per day. The computer is programmed to send “letter1, letter2, letter3 etc. You can’t necessarily prevent or stop this from happening to you, but you can take control of the situation.
Start Communicating and Get Organised!
If you can’t make your minimum payments the first thing you need to do is to fill out your iMoneyManager. Make sure you use the “tools” and input the name and address of all your creditors and their agents. The industry accepted approach is that you split your disposable income fairly amongst your creditors. YOur iMoneyManager does this for you automatically.
Put in realistic expenditure figures. Don’t forget to include any rises in your bills and make sure that you can back it up with proof if need be. Post the letters and financial statements to your creditors and keep a copy for yourself.
I would strongly advise you pop them in a ringbinder with dividers for each creditor. That way you can slot in their replies as well as any other documentation relating to the debt. Remember, you may have to negotiate and communicate more than once so it’s important that you keep your records in order to help to reduce the stress. Add a blank page to your ringbinder so you can keep a record of any telephone conversations you may have.
Know your Rights
Under Section 40 of the 1970 Administration of Justice Act, it is an offence to harrass and intimidate a debtor. If you continue to receive harassing phone calls even after you have attempted to come to an arrangement with your creditor, tell them:
“I would like you to know that I am aware of my rights and that under section 40 of the Administration of Justice Act, you are committing an offence by unduly harrasing me. Please do not phone me again, I would like all future communication to be done in writing.”
If you still receive calls to your landline your can “choose to refuse” them. If you have a BT landline you can sign up to this service, CLICK HERE to go to the BT page:
If you don’t use BT, contact your telecoms provider and ask if they provide a similar service.
If you are receiving calls to your mobile, consider rejecting witheld numbers and numbers you don’t recognise. Ensure you don’t leave your name or other contact details on your mobile voicemail.
Remember: If you follow this advice, you are going about things in the right way! What you need to keep in mind is that if ever a creditor refused to work with you and took you to court for non-payment, providing you had offered and paid them an affordable monthly amount and you are able to provide proof of communication with your iMoneyManager, ringbinder and payment receipts, the judge would very likely be sympathetic to your case and give you a favorable judgement. (We are aware of cases where the judge has hauled the creditors representative over the coals for making unreasonable demands on the debtor!)
Miriam