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Ask a CCCS counsellor a question

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  • Hi
    I wonder if you can help.

    Long story short. I owe Amex on two (approx 4K) cards after my business collapsed in 2007. Last year Allied International chased for me for the money. I sent them a letter in my detailing what I could afford and two cheques for the first installments. The cheques were cashed, but I never received any response to my letter.
    In November 2008 I get the first letter from Brachers telling me that they are applying for a final charging order and now I have received another letter from them telling me that they are now ready to sell my house!
    They have never mentioned my letter and offer of repayment. I have no court order against me from Amex. Surley the fact that I have made an offer of repayment and showed what I can afford counts for something?

    Hope you can help.
  • CCCS_Sue
    CCCS_Sue Posts: 966 Organisation Representative
    Hi
    I wonder if you can help.

    Long story short. I owe Amex on two (approx 4K) cards after my business collapsed in 2007. Last year Allied International chased for me for the money. I sent them a letter in my detailing what I could afford and two cheques for the first installments. The cheques were cashed, but I never received any response to my letter.
    In November 2008 I get the first letter from Brachers telling me that they are applying for a final charging order and now I have received another letter from them telling me that they are now ready to sell my house!
    They have never mentioned my letter and offer of repayment. I have no court order against me from Amex. Surley the fact that I have made an offer of repayment and showed what I can afford counts for something?

    Hope you can help.

    Hi ManxmanPhil and thank you for your message.

    A creditor can apply for a charging order if they have a county court judgment (CCJ) against you and one of the following points applies: -
    Either the court has ordered you to pay the whole judgment debt immediately or by a certain date, (this is known as judgment forthwith) and they have not done so;
    Or the court has ordered you to pay the judgment by instalments and one or more payments have been missed.
    Have you had a CCJ issued?
    Did you receive an interim order before the final order?
    I would recommend that you call us to make an appointment to discuss this further with a debt counsellor. The counsellor will look at your situation and then discuss all options.
    If you would like to make an appointment, please ring our free helpline on 0800 138 1111.
    Lines are open Monday to Friday 08:00-20:00. It would be helpful that when you call you have details ready regarding your income, expenditure and creditors, as this can help speed up the referral process. If you have this information ready it may be possible to refer you directly to a counsellor if one is available, otherwise we will arrange a time that is convenient for you to be called back for an appointment.

    Regards,
    CCCS_Sue
    I am a CCCS Debt Counsellor and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on CCCS in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy
  • roni08
    roni08 Posts: 35 Forumite
    Hello Sarah, I have been in a DMP for just over a year. Most of my creditors are fine. I have just one that is being very difficult. They are now insisting that my reduced payment each month is paid to them on a set date each month, which of course can't work because of the way money is distributed to all my creditors every 4 weeks and not on a monthly basis, as is the case with everyone on a DMP. I know that they realise this and are trying to make sure that I eventually technically fall into arrears with my account to enable them to go for a CCJ. I am really fed up with this company because I think that as they accepted my DMP offer of repayment they should not be trying to manipulate the situation to suit themselves in their own self interest. Can you give me any advice please? It would be most appreciated as I don't know what is the best way to tackle this problem.
  • Crisp_£_note
    Crisp_£_note Posts: 1,525 Forumite
    Hi can anyone help I need to know what to do now if there is anything I can do.

    Have written twice to Skycard credit card to request they stop calling me as it is becoming harrassing, I know I am in debt and owe them etc and dealing with it. Infact it might be 3 times as I asked them for written correspondence only in initial letter then wrote to them again asking them to stop calls and when they refused I sent them the template letter.

    :eek: Trouble is they are still ignoring me and although they are writing to me they have told me they are within their rights to call which I agreed to when I signed my contract. They say "every care has been taken to ensure that you will not be contacted by telephone in future, however, our systems will pick up telephone details held within our data, if no further attempt is made to agree payment terms with Skycard. Please note that by providing contact numbers on your application form, you have agreed that Skycard is able to make contact by telephone. Our aitomated dialler is only switched on from 8am until 9pm Monday to Saturday and 10am to 4pm on Sundays. These times are within regulations. I conclude that Skycard has acted responsibly in nthe management of your account and in accordance with your Terms and Conditions."

    On another note they go on to say that I should contact the CCCS for further advice, this makes me even more angry as I feel they haven't read any of my letters telling them that I am acting on advice from CCCS who have advised me to make Token Payments of £1 (which I have) and I even enclosed a Income & Expenditure sheet to show this is all I can pay! :mad:


    What can I do?

    Thanks :)
    Failure is only someone elses judgement.
    Without change there would be no butterflies.
    If its important to you, you'll find a way - if not, you'll find an excuse ! ~ Easy to say when you take money out of the equation!
  • sorry about ur situation....but can u plz tel me how to apply for a littlewoods credicard....there is no creditcard information on the site???
  • CCCS_Sue wrote: »
    Hi ManxmanPhil and thank you for your message.

    A creditor can apply for a charging order if they have a county court judgment (CCJ) against you and one of the following points applies: -
    Either the court has ordered you to pay the whole judgment debt immediately or by a certain date, (this is known as judgment forthwith) and they have not done so;
    Or the court has ordered you to pay the judgment by instalments and one or more payments have been missed.
    Have you had a CCJ issued?
    Did you receive an interim order before the final order?
    I would recommend that you call us to make an appointment to discuss this further with a debt counsellor. The counsellor will look at your situation and then discuss all options.
    If you would like to make an appointment, please ring our free helpline on 0800 138 1111.
    Lines are open Monday to Friday 08:00-20:00. It would be helpful that when you call you have details ready regarding your income, expenditure and creditors, as this can help speed up the referral process. If you have this information ready it may be possible to refer you directly to a counsellor if one is available, otherwise we will arrange a time that is convenient for you to be called back for an appointment.

    Regards,
    CCCS_Sue
    Thanks CCCS_Sue
    To my knowledge there has been no CCJ. The last time I had contact with anyone to do with Amex was the letter I sent in May 08.

    The company now involved said that they already had an Interim Charging order which they obtained in Nov 08.

    Thanks
  • Raquela
    Raquela Posts: 359 Forumite
    Hello there, hope you can help.

    I have debts which I am currently managing to pay, but have to start paying off a graduate loan in January which is a lot of money and on my salary there is no way I will be able to pay even half of the monthly payment even living very frugally and cutting out all unnecessary expenditure, I also have a student overdraft to pay back.

    I live in rented accommodation and have just secured employment starting next week, but it is uncertain in that it is temporary ongoing (I am trying to secure permanent employment, but in this climate have to take what I can get). One of my debts is already on a DMP which I administered by myself with the creditor using CCCS paperwork about 3 years ago.

    I would like to get this sorted before it is time to make the first payment on the big loan in January, as I know barring a miracle I will not then be earning enough to pay it. I think my only options are to get a new DMP, but am wondering if the creditor with whom I am already on a DMP will object. My only other option would be an IVA, - bankruptcy is really not an option since it would bar me from my hopeful future career.

    Given my circumstances, could someone from the CCCS advise whether an IVA should be considered given that I don't own a house and my job situation might be considered precarious, or whether a new DMP would be a possibility? Debt amounts are

    graduate loan - £23,000 (and accruing interest until the first payment due in Jan, hence wanting to get sorted sooner rather than later)
    student overdraft £1,800 (they haven't chased it yet, but can't be long)
    loan on existing DMP £4,200
    student credit card £467

    I am trying to get a graduate job, but without any luck so far, and obviously bankruptcy would bar me to so many careers. The bank gave me the grad loan on the basis of what they thought I would be earning, right before the credit crunch really came into effect.

    I do plan to contact the CCCS properly and have filled out their form, but as I'm not technically in my new job til next Thursday and am not in trouble right now, I thought I should ask here first. Thanks in advance.
  • I don't know if this is the right place to ask, but I'm completely stumped.

    I was contacted by a Credit Services agency several months ago informing me of an outstanding debt from HSBC that had been passed to them for collection. I paid this off immediately. Having just checked my credit report, this is listed as a default (which is correct) but the balance is still listed as outstanding. HSBC passed the account to Metropolitan Collection Services (the debt collectionof HSBC I believe), who then passed it to Westcot (who I cleared the debt with).

    All I am trying to do is change the entry on my report to list this as paid, but HSBC are telling me its nothing to do with them as the account has been passed on, and teh other two are telling me that only HSBC can clear the debt as they posted it. I am going round in circles and each company is passing me to the next. I don't know what to do?
  • ANGSTDATA
    ANGSTDATA Posts: 411 Forumite
    I cannot understand why credit card company's sell customers debt to these firms featured for maybe 6 - 20% of value when I have a couple of times during my debt history ( since losing a £23k job late 06 and now not eliigable for any benefits or job seekers allowance ) been able to scrape together -by beg , borrow but not steal method -about 30- 40 % of sum owed - why wont they negotiate ?

    And as debt councillors are you opposed to trying to settle debt by this method and is this why when contacted companys who claim they may be able to wipe some debts legally ,wont touch us when they are aware that we are using a CCCS plan ?

    Regards
  • Hi Sarah

    My wife has suddenly been told by her employers that she was on zero pay from 1st June following a period of long-term sickness and got paid nothing for July, meaning that half the household monthly income has been slashed. She has gone onto a DMP with PayPlan but we still are going to struggle this month to pay priority debts such as the motgage and bills. Last month was a struggle for us and I missed a payment on my credit card, which is also over the credit limit as a result. I paid £10 as a good-will gesture and to ensure that the payment wasn't totally missed, and agreed with the company to go onto a short-term payment plan of £139 for 3 months to bring it back into line, which at the time I thought I could do. Because of the situation with my wife's wages, I'll not be able to do this this month - do you have any suggestions as to how I can negotiate with the credit cared company to try and get some flexibilty (if this is even possible?) I don't want to go onto a DMP myself just yet as by September things should have resolved now that my wife is back at work. Any help or advice greatly appreciated.
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