She didnt go to CCCS

Rabbit-in-headlights

jackie_w wrote: »

Thank you everyone for all your advice.

Ive spoken to my husband again just now, and he has said that I should tell her we will lend her the money, but, the condition is she should speak to someone else ie CCCS or a Money Advisor.

Does anyone think this is an unreasonable request?

Jackie

Jackie, your question worries me!! The only unreasonable request is that of your sister! If she can do a DMP she won't even have to think about losing her car or equity, so long as she sticks to the payments (which are more flexible than in an IVA / trust deed).

Just for a moment, try thinking of her money problems as an addiction. And then ask yourself, if she was a heroin addict, and asked you for the money to get one final fix, would you say yes? It's not so much different as you first think!

Sorry if that sounds harsh, but I really think she needs to face up to her problems and not keep burying her head in the sand. If she won't talk to cccs, then please don't pay her one single penny.

She is in control of you over this, that is not acceptable. Full stop.

PLEASE DON'T HAND OVER ANY MONEY UNLESS SHE TALKS TO CCCS!!!!

R

Edit: didn't see GeorgeUK's post re DAS scheme before!

JES_F1

jackie_w wrote: »

Thank you everyone for all your advice.

Ive spoken to my husband again just now, and he has said that I should tell her we will lend her the money, but, the condition is she should speak to someone else ie CCCS or a Money Advisor.

Does anyone think this is an unreasonable request?

Jackie

No it's not an unreasonable request at all. She definitely needs to get some independent advice from the CCCS or similar urgently.

She could also try using the CCCS' online debt remedy to see what that recommends, eg DMP, IVA, bankruptcy.

Good luck and very best wishes.

GeorgeUK

With that wage, she should definately be considering a DAS or looking into it as it could stop all interest, charges and court action which would mean her house would not be threatened.

Good luck with this.

kev1980_2

Hi Jackie,

I think I spoke with you a few weeks ago on MSE.

Its nice to hear from you again, I've just had my interview with an approved money advisor for DAS - Debt Arrangement Scheme.

The money advisors are all approved and really know what their talking about. I'm going down this route to clear my debt.

If your sister were to do that to, her house would be protected as the DAS has full backing of the law and creditors are not allowed to take you to court or add anymore interest or charges to the debt.

Its a fantastic piece of legislation and I would recommend it to your sister if she lives in Scotland.

jackie_w

Thanks again everyone for your replies, I really do appreciate it.

Well, she has called me to say she is going to see Money Matters (a place thats run by our local council), and she has to take all information with her.
I really didnt think she would have called them, but, she has, and my mum is going with her. I cant go because Im working tomorrow. The person she has to see is called the duty officer, so, hopefully he will be able to shed some light on this £1000.

I will let you know of the outcome tomorrow once ive spoken to her.


Jackie xx

jackie_w

Hi Kev,

Im glad everything went well at your appointment, it must be a great weight lifted off your shoulders.

Ive just spoken to my sister, and have asked her to mention the DAS scheme to the man at Money Matters whom she is seeing tomorrow. She said he did mention that to her but told her she would need to sell her car, and she said she cant to this becasue she needs to get to her work. She also said (and I cannot believe her attitude to this), if I go through a DAS Scheme, I will be paying it forever, and will never get on my feet:mad: :mad: :mad: .
Can you believe that, I am absolutely flabbergast at her saying this, becasue, I dont think this is the attitude she should be taking.

Jackie

coolcait

jackie_w wrote: »

Hi Kev,

Im glad everything went well at your appointment, it must be a great weight lifted off your shoulders.

Ive just spoken to my sister, and have asked her to mention the DAS scheme to the man at Money Matters whom she is seeing tomorrow. She said he did mention that to her but told her she would need to sell her car, and she said she cant to this becasue she needs to get to her work. She also said (and I cannot believe her attitude to this), if I go through a DAS Scheme, I will be paying it forever, and will never get on my feet:mad: :mad: :mad: .
Can you believe that, I am absolutely flabbergast at her saying this, becasue, I dont think this is the attitude she should be taking.

Jackie

Hiya again Jackie

I don't know whether your sister is getting duff advice, is hearing things wrongly, or has difficulty in passing on the message to you .

I do know that it's a load of baloney (or something else starting with 'b' ) that she would have to sell her car to get onto DAS.

One of the key things about DAS is that it PROTECTS assets - especially your home, but also your car. If your sister CHOSE to sell her car, and share the proceeds amongst her creditors, then she would be free to do so. But there is absolutely no way that she would HAVE to sell it.

She might have to sell it if she enters a Trust Deed, or if she goes bankrupt. But, of the three options, DAS is the only one which would allow her to keep it, if that was what she wanted to do.

DAS is about paying back your debts in full. But, having made that commitment, you get protection from your creditors, plus you safeguard your assets. It's unlikely that she would even be accepted onto DAS if she'd be 'paying it forever'. Most money advisers only seem to take them on for a maximum of ten years.

Trust Deeds and bankruptcy may allow her to 'write off' some of her debt. That doesn't necessarily mean that she will pay back less than she owes. It may be rare, but I know of some cases where people have signed a trust deed, paid more than they actually owed at the beginning, but their creditors didn't get paid back in full. Their trustees made a fair bit in fees though :rolleyes: . The same thing can happen in bankruptcy, I believe.

If she has no equity in her property, she will be expected to pay a contribution if she enters a trust deed. Trustees want to be sure that they will get their money somehow :rolleyes: . So they'll be looking at getting the maximum out of her. If she opts for bankruptcy, it's likely that she'll also be asked for a contribution (if she goes for bankruptcy, I would strongly recommend that she nominates the Accountant in Bankruptcy as her trustee - NOT an IP).

So the idea that a Trust Deed or bankruptcy will allow her to get away without paying anything is a bit blinkered - at best.

I really don't know what else to tell you . But, what she has been telling you so far doesn't sound particularly kosher to me. Only you can judge where the 'non-kosherness' is coming from.

I agree with those who are recommending that you don't fork out £1000 of your own hard-earned dosh on the basis of some very fishy sounding information.

Good luck whatever happens!

jackie_w

Morning Everyone,


well she went with my Mum to see this guy at Money Matters. She took all the paper work with her, and explained everything to him. He said she owes too much money to go onto a Debt Payment Plan, and the Trustee thing looks about right. She said that the guy at Money Matters said that everything looks fine with regards to what the insolvency practitioner said to her!!!!!

I really wanted to go with her, unfortunately, I couldnt because I had to go to work, and it was too short notice to get someone to take my place so I could have the day off.

So, thats where she is now. Ive no way of knowing whether she is telling me the truth, or whether she is getting the wrong end of the stick. The IP is coming back to see her tomorrow, so, Im going to go to her house when he turns up. Shes made up her mind about going with him, and I really dont think there is anything I can do to change it.

Jackie

scaredy_cat

Hi jackie_w - i'd suggest that when you go to you sisiters hopuse tomorrow - leave your purse and chq book at home. That way you can't be pressured into giving the money before you have had a chance to look over all the paperwork, etc thoughly.

If you can get all her p/work, can you then speak to CCCS or National Debt Line to get 2nd opinions?

GeorgeUK

There doesn't seem to be much you can do but i wish she would get some proper advice.

If you believe a debt payment programme (DPP) under DAS is right for you, your DAS approved money adviser will ask your creditors to agree a DPP.

This is an agreement that allows you to pay off your debts over an extended period of time. The programme can be for any amount of money or for any reasonable length of time.

source: www.moneyscotland.gov.uk