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CCCS_Matthew

spongebobSq wrote: »

Right to offset question

If I enter a DMP/IVA - can the defaulted bank/credit card company take money from my wifes separate bank account if we are with both with the same bank.
(These are totally separate accounts and not and never have been joint accounts but the address is the same)
ie. Both Nationwide current accounts - my nationwide current & credit card will go into default - can they take from wifes Nationwide account ...

Thanks

Hi there.

In short, no. As long as your credit agreements are in your sole name, and your bank account is only in your name they cannot offset money out of your wife's account.

Hope this helps,
Matthew.

CCCS_Sue

suzie7711 wrote: »

We have managed to get into financial difficulty and have been advised by out bank to contact a company called Pay Plan. They have recommened a debt management plan which they say is a free service. They will contact our creditors and agree a plan which will allow us to pay back what we can afford, from what I can work out this is a precursor to an IVA. My questions are Do you know if they are really free and do you think this is a good route to take.? Many thanks

Hi suzie7711

Yes. Payplan are a free service and you are on the right track to sorting your debt problem!

Regards
CCCS_Sue.

CCCS_Sue

dizzie101 wrote: »

hi there

i am all new to this. i had a debt management plan with debt stop direct but they never paid anything to my creditors. i have filled in the forms online for yourselfs and have stopped my plan with this them as i do not want to give them anymore money.

i got a calling card from halifax today saying that one of there representitives will be calling at my home on wed i advised them i will not be in but they didnt seem to care.

what do you suggest i do?
and what is a representitive? if thats a baliff i thought they had to take it to court before a baliff could arrive?

please let me no asap

thanks

Hi dizzie101 and thank you for your message

A representative from Halifax is purely an employee who is visiting to discuss your current situation.
They have no special authority and are not bailiffs.
You do not have to invite them in.
Just explain that you have contacted ourselves and you are putting together a budget which will show them your income and expenditure and a realistic amount you will be able to offer them regularly each month.
In the mean time, when he calls, if you have paid nothing for that month, then just give him a token offer of what you can afford for now.
The only times a bailiff will call are if you have a county court judgment (CCJ)you have ignored or defaulted on or if you have an outstanding council tax bill you are not paying.
So do not worry.
When you have filled in all your details on the Debt Remedy facility online,you will get a booklet which will give you tailored advice for your situation.
You can use the budget you have put together to send to your creditors so that they know your situation.

Hope this helps

Regards
CCCS_Sue

DonutUK

I have just received my first CCJ, for a debt going back 5 yrs.

I am in a DMP and the company who manages it says they were going to send a budget form to the court so that when my case was heard they could set a monthly payment (i had to send the court forms to the DMP company once i had completed them).

On the judgement it says that the claimant objected to the rate of payment offered, so the Judge has ordered me to pay it in full, which i have no hope of doing.
I have a strong suspicion that the DMP company never sent the forms in, or that they used an out of date income/expenditure because i have recently updated my monthly budget and the claimants pro rata payment went up by 50%.

What do i do next? I have no hope of paying the amount in full (approx £2500) and i have other debts totalling approx £22k. The DMP also includes my wifes debts which also total approx £22k, but we are separated. I am still paying for both, as we still live in the same house, because neither of us could afford to move out, and there are kids involved.

This particular creditor is the only one who refused to accept the payment offer of the DMP, every other creditor accepted it.

moneymaker2

hi, I have several debts that I am making reduced monthly payments on. I am due a bonus in March and wanted to clear some of them off in full. How much is a reasonable amount to offer them under the balance of the account to try and agree them to clear it off in full.

Thanks in advance.
Laura

sgja4385336

Hi, just wanted a second opinion.

I set up a dmp dec 07 with Payplan. Total debt £53k paying back £316.39 pm. Most creditors are happy and have accepted the payments.

However MBNA moved my a/c to DCRI who have askes for me to either increase my £82 payment upto £215 pm or they will pass on the account to another company who are likely to ask for a charge on my property.

What will this mean to me if they pass on the account?

help and advice needed thanks

GhostHunter_3

Hi

Please can sombody give me the telephone number for the CCCS 'Self Employed' counselling department.

I initially completed the online form and spoke to an advisor 3 days ago. I then spent an hour phoning 3 different numbers and on the 3rd attempt I was told it was still the wrong number but they would take my details and get the correct department to call me back before they closed at 8pm that day!

3 days have passed since was given the run around and promise and I have not had a call from anybody from CCCS and I have been in 24 /7. I have called the last number back several times and it just rings and rings but finally yesterday I had a personal answerphone to which I left a message and asked for a callback and I am still waiting!

We are desparate for help as we have letters and calls asking for money and telling them we cant pay what we dont have is falling on deaf ears and we are getting letters saying they will take us to court and it is all very worring and stressful and we are at the end of our teather and terrified (I know the CCCS must be inundated at the moment and we arnt the only people in debt) sorry to sound so dramatic .

Please help! All we need is a number!

Thank you

This matter has finally been resolved and someone has called me and I am waiting for another phonecall appointment at 3pm today where I have to go through it all again including hubbys Self Employment details. Thank you anyway.

CCCS_Matthew

xyzylt wrote: »

A company called 1st Credit have sent me letters about a debt of £249.00 which I am supposedly have from a company called CashEuronet UK. I have never heard of both companies and do not have any debt.
After receiving their second letter i responded by sending a £1.00 postal order and a letter informing them I do not have any debts with them and asking them within the 12 +2 day to substanciate their claim.
That deadline has now passed , they have sent a further letter asking me to pay by installments and also saying that it may take them a month to produce the debt document.
What should i do next? My thoughts are to send a letter to the FSA,OFT,Trading standards and the local CID. any advice would be welcome.
All my letters are recorded, they do not have my telephone number or email address. thanks for any advice you may offer.

Hi there.

Personally I would sit tight until they try and produce the agreement proving you owe the money. If you deny all knowledge of the debt in question they should not be able to produce this, which affectively means they haven't got a leg to stand on. If they still persist to contact you despite this, I would then contact the OFT as it states in their Debt Collection Guidelines that in Section 2.8 (A) that an example of an unfair practice is:

sending demands for payment to an individual when it is uncertain that
they are the debtor in question, for example, threatening debt recovery
action to 'the occupier' or sending a payment demand to all people sharing
the same name/date of birth as a debtor in the hope that contact with the
correct debtor will be made.

Hope this helps,
CCCS

CCCS_Matthew

Floating wrote: »

Hello I hope someone can advise me......

I was in a dmp with a charging company from Nov 06 until Oct 08, I then went to my local CAB and have been working with them. CAB have helped me to to a financial statement and agree lower payments with my creditors. Due to a relative being able to help me, I am now in a position that I have made settlement offers to all of my creditors. Two of them have accepted and I have email copies of the acceptance letters and I am just waiting for the hard copies to come by post. The others have rejected my offers and I want to ask them to reconsider due to the 2 settlements being agreed. However as the creditors that have agreed have not yet had payment I don't know whether I should reduce my total debt on my letters to what it will be when they are paid or leave it as the total it is at the moment?

Sorry I hope this makes sense!! :eek:

I would definitely state your current debt as it is at the moment. Until the funds have been passed over to the creditors and they've officially accepted as a settlement the debts still exist. Once you've paid the money, you can always update your letters accordingly.

Regards,
CCCS

CCCS_Matthew

enzorocket wrote: »

Dear CCCS.
Looking for a bit of advice - ive typed a slightly long winded post below which should give you an idea of our current position.

We have been on a CCCS debt managment plan for over 2 years now. Unfortunately early last year HSBC (First Direct) decided that they were going to pursue a charging order on our property. Last March they sent relevant papers to the court and after our first hearing it was decided that their wasnt enough evidance / paper trail to authorize a charging order. The hearing was adjourned and represented last November. HSBC didnt turn up for the hearing and the judge decided not to allow the Charging Order which we are very pleased about.

Recently Ive been looking at our credit file and noticed we have had a CCJ posted against us by HSBC, which occured when they decided to go for the charging order. We are deeply concerned about this as we are due to remortgage soon and am worried that the bank will decline due to the CCJ.

We feel that the CCJ shouldnt have been issued as we were already paying an agreed amount to HSBC / First Direct through the debt mamangement plan agreed by the CCCS. The CCJ now means that we are paying an amount to HSBC for the term of the loan, which is detrimental to them as when some of our smaller creditors get paid first, the remainder of the monies would have gone to them anyway. I was wondering if you thought we had a good enough argument to have the CCJ set aside?

Would yo have any advice on what we can do next?

Many thanks.

Hi there,

Unfortunately, any reduced payment made via a DMP is classed as breaking the agreement you had with the creditor, and they are entitled to obtain a CCJ should they wish. In this situation I don't think you would have a case for setting the CCJ aside.

The courts will only accept putting the CCJ aside for reasons such as that the debt was cleared before the CCJ papers were issued, no default notice was served, or the papers were served in error if you were not the debtor.

Regards,
CCCS