Ask a CCCS counsellor a question

xcat_girlx

mazzamc wrote: »

Hi

Lloyds do a basic account, as I have opened one just to pay my bills.

Tnks

nationwide do one as well.

xcat_girlx

Lozza001 wrote: »

Thanks mazzamc,

Is Lloyds linked to any of the people we owe to?

it MAY be linked to halifax if the lloyds/HBOS deal goes through

CCCS_Alan

sylviemylove wrote: »

Hi I have been on a dmp for 4 months, it's actually been lovely to feel like a human being again, being able to make my payments...
I owe 1700 cc to Abbey and 13000(gulp) loan to A +L. I got a default notice from a+l this morning saying if I don't pay the rest of the loan now they will take me to court.

My baby is due in 5 weeks and I am terrified. I haven't missed a payment, and while it's nowhere near the whole amount I have been paying 35%.

What will they do?
What should I do?
Should I contact them? They say they strongly reccommend that I do.

Sorry I know someone just asked this but I am so bloody hormonal and tearful. Also my DH doesn't know about my situation (I know I know it's stupid) and I am terrified that bailiffs will suddenly show up while I'm in hospital.

Thanks.

Hi Sylviemylove

They are probably just trying to scare you with the court action threat, and they cannot send bailiffs at this point either so do not worry.
They normally try and push to get more money out of people when they start a DMP but stick to your guns. If you contact them tell them you are on a DMP with CCCS and you cannot pay anymore than you are through us. We will have sent them a copy of your budget when your plan started, but if required we can send another copy.

If you do receive any official looking papers call us up and we will confirm if they are court papers or not and advise on how to deal with them. At the end of the day you would offer what you are on a DMP so it would not be beneficial for them to take such action. And as long as you pay each month the agreed amount you would be ok and they can’t take any action.

If you do have any more questions feel free to call us up and chat on the number printed on your monthly statement.

Regards

CCCS_Alan

CCCS_Alan

sallyjo wrote: »

Hi,
I am a CCCS client and one of my creditors is Halifax bank. I received a letter from them this week, usual probably mass computer generated to all of their debtors with special arrangements with a full demand for the entire amount I owe. I usually reply to remind them of my DMP etc, and I have done so. They have always accepted the DMP and apart from their harrassing phone calls which I now know how to avoid, it has been manageable.
However, I wonder, and worry, that with their current situation and exposure, whether their response to debtors in trouble might change and they will become less sympathetic and try to seize every asset they can.
Is there any activity amongst other CCCS clients that indicate this change in direction by Halifax or other of the banks in trouble?
Thank you.
SJ

Hi Sallyjo

We have not been made aware of any change in creditors attitudes towards debts. With the current climate banks are more aware than ever that people are struggling so hopefully they will be a little more lenient with people struggling.

Regards

CCCS_Alan

CCCS_Matthew

Hi there,

Creditors attempting to force debtors to sell their property after obtaining a charging order isn't a loophole, it's something that they are well within their rights to apply for, once a CCJ has been obtained.

There seems to be more talk of it in the recent media due to the current financial climate, and it's something creditors are more keen to do as a result of it. I must stress however that forcing sale of a property through a charging order is still a rare occurance, especially for debtors that are attempting to pay their debts back. A judge would only agree to the sale of the property if the repayment proposal was over an unreasonably long time.

As an organisation, we do lobby against unfair creditor practices and also often invite creditors to our premises to illustrate how we work, to give them a greater understanding of what we do to help people in financial distress.

Regards,
Matthew

sallyjo wrote: »

Hi,

After sending my question above, I found the front page headline in the Sunday Times today re banks exploiting a loophole and increasing their issuance of charge orders for credit card debt arrears, forcing the sale of homes to pay the smallest of debts.

Is anything being done to close that loophole? especially with all the press about protecting homeowners? Has CCCS taken a stand on it and what strategy should a homeowner take if a creditor tries this, even if they are being paid regularly on a DMP basis.

Thank you.

CCCS_Matthew

Hi fuzzypeg.

A DMP will never demand the sale of any assets, as it's not legally binding. It's an informal method of repaying debts, so if it's a possible solition to your fianancial situation it's up to you as a client to decide what to do with your assets.

Regards,
Matthew

fuzzypeg wrote: »

Hi I hope someone can give me some advice.

My husband owns (has recently bought) his company and we scraped together funds from loans, overdrafts and credit cards, which we are now struggling to service as the interest rates have all gone up.

We are seriously considering entering into a DMP but can anyone advise if the DMP would consider the business as an asset and demand it be sold to clear the debt? And is it even possible to enter a DMP if you are a company director -are the two compatible?

DH is unable to remove funds from the company as yet, until the previous directors have been paid off, which will take at least 2 years.

Please help, we do not know what action to take

adamandmaz

Hi

I have sent Mercers a CCA request, this was last week, obviously they have received this but are still sending me threatening letters(door collection/passing the debt to a local DCA) are they allowed to do this?

I thought once a CCA request was in motion, then the only communication between me and them was a CCA, then take it from there......I could be wrong!

jusumgeezer

Hi,
I have recently posted on the main forums regarding a 'paid for' DMP I currently have with Eurodebt.
I was looking to end this & get on a free DMP, I contacted Payplan who advised that because of the length of time spent messing about with Eurodebt only paying a couple of pounds to each company, virtually all my debts have now passed on to other companies (some several times!) They said my creditors are unlikely to agree to another DMP & advised an IVA or maybe I have gone beyond this now?
we are a family of 5, current debt is approx: £17048.11 to 10 creditors. Payplan advised my current statement of affairs gives me £169.23 surplus.

After reading on here I am beginning to lose faith in Payplan now & wonder what advice you could give me?

I have previously completed your online statement of affairs, but didn't hear anything back?

Many thanks.

Barkes

My friend wrote to a number of his creditors (companies who have bought debt) i.e. Cabot, 1st Finance and asked for copies of the agreement etc under s. 78 (1) of the Consumer Credit Act 1974.

So far none have produced the agreements / statements requested and it has been well over a month since his request was sent recorded delivery. He checked with Royal Mail and proof of delivery for these letters has been obtained.

Does this mean that these companies don't actually have the debt and should therefore not be paid a penny until they produce the relevant documentation ?

Where does he go from here ?

What's his next step ?

Thanks

CCCS_Alan

fuzzypeg wrote: »

Hi I hope someone can give me some advice.

My husband owns (has recently bought) his company and we scraped together funds from loans, overdrafts and credit cards, which we are now struggling to service as the interest rates have all gone up.

We are seriously considering entering into a DMP but can anyone advise if the DMP would consider the business as an asset and demand it be sold to clear the debt? And is it even possible to enter a DMP if you are a company director -are the two compatible?

DH is unable to remove funds from the company as yet, until the previous directors have been paid off, which will take at least 2 years.

Please help, we do not know what action to take

Hi Fuzzypeg

It is entirely dependant on your situation if a DMP is applicable in the first place as a different option may be more practical for you both. The only way to really find out would be to book an appointment to speak to one of our counsellors.
If you would like to talk to a debt counsellor about your situation you can book a telephone based appointment by calling our helpline free on 0800 138 1111. Lines are open Monday to Friday 08:00-20:00.

We provide advice so we would not demand something be sold. But if it’s the quickest way to get out of debt it would be something that would be discussed in an appointment, as we need to take everything into consideration.

Regards

CCCS_Alan