Ask a CCCS counsellor a question

CCCS_Sue

lmclean100 wrote: »

Hi

If a creditor got a charging order against me would I have to sell my house or would the order be paid off when I eventually sell the house.

My mortgage is up to date as is my secured loan, all my debts are unsecured.

I've also got my mother living with me and she's got Alzheimers and would be classed as vulnerable.

Oh, yes forgot to mention we're living in Scotland so I know the rules are slightly different here.

L

Hi Imclean100 and thank you for your message.

Do you mean an inhibition rather than charging order?
If yes, you do not have to sell the house, but the debt stays in place until the house sells.
If selling, you would need approval from the creditor who has the inhibition to be able to sell your home,
This may be denied if there is no equity (profit) - which means that the debt wouldn't clear.
Do you have an arrangement in place to pay the creditor? If yes, that is good, as the debt will be reducing and will eventually clear.
If you have no arrangement, I would recommend that you make one as soon as possible, but ensure that the offer is reasonable & realistic and that you can afford to pay until the debt is cleared.
Regards
CCCS Sue

pink_poodle_queen

Dear Debt Counsellor,

I have a joint loan through the Alliance & Leicester which I have got down to just under £13,650.00 (it was about £20,000). I am the sole payer for the repayments as my partner and I split up three years ago and I now have no idea of my ex's wherabouts but whilst she was about she made no repayments ever anyway as she didn't work (she was on Disability Benefit so A&L didn't bother to chase her despite me giving them her address when I knew where she was then living - she has since moved from that address). Since we split up I have been doing overtime at work practically every evening, leaving home at 6:30am and not getting home until 9:30pm. My health has started to deteriate as I skip meals as i am too tired when i get home to do anything, including cooking. I have no social life and my clinical depression has taken a nose dive.

I decided that I couldn't go on like this, working all hours to be able to pay £425.56 each month to the A&L for the next 2.5 years. I looked at what my basic pay would be without overtime (£1450.00) and looked at my monthly list of outgoings, and decided that if they would accept £200.00 off me each month then I could manage not to do the gruelling overtime hours.

I rang them with my proposal and with all my figures at the ready, and they agreed to me paying £200.00 each month instead of £425.56. I haven't even had to send them the letter I had drafted detailing it all!

My only concern is that they said they would "review it in 3 months' time". Now unless i win the lottery or find a better paid job (i am job hunting) then I don't see how I will be able to pay more in 3 months' time!

I have been told by a mate that providing i am paying something, an amount that i can afford and don't default on that amount each month, that NO legal action by the A&L can be made against me. Is this true? Do you think it likely that in three months' time the A&L will just allow me to continue paying the same amount if my circumstances haven't changed financially, because once I give up my overtime hours they will be given to another member of staff on the waiting list so they will be lost to me as good as forever and i don't want to make a decision that i might regret, but my health and well-being is far more important.

Many thanks for any advice/reassurance you can offer,
pink_poodle_queen

swt61

Hi, I have a old Debt that used to be with The Halifax they issued a Default back in Oct 2003 they then after us requesting all the CCa information from them sold the Debt on to C.L Finance who then did send us some form of deed of assignment letter.

The Default came off our credit file for a couple of weeks after the Halifax sold the Debt on but within couple of weeks it re-appeared again as registered but with C.L Finance, they did at least put Oct 2003 as the start date.
I have now been informed after checking my credit file that this Default will come of my credit file this month as the 6 Years will have expired .

I have been paying very small amounts to them under a DMP

What can happen once this Default has expired can then take any further action at all ?

Regards,

Simon

CCCS_Sarah

pink_poodle_queen wrote: »

Dear Debt Counsellor,

I have a joint loan through the Alliance & Leicester which I have got down to just under £13,650.00 (it was about £20,000). I am the sole payer for the repayments as my partner and I split up three years ago and I now have no idea of my ex's wherabouts but whilst she was about she made no repayments ever anyway as she didn't work (she was on Disability Benefit so A&L didn't bother to chase her despite me giving them her address when I knew where she was then living - she has since moved from that address). Since we split up I have been doing overtime at work practically every evening, leaving home at 6:30am and not getting home until 9:30pm. My health has started to deteriate as I skip meals as i am too tired when i get home to do anything, including cooking. I have no social life and my clinical depression has taken a nose dive.

I decided that I couldn't go on like this, working all hours to be able to pay £425.56 each month to the A&L for the next 2.5 years. I looked at what my basic pay would be without overtime (£1450.00) and looked at my monthly list of outgoings, and decided that if they would accept £200.00 off me each month then I could manage not to do the gruelling overtime hours.

I rang them with my proposal and with all my figures at the ready, and they agreed to me paying £200.00 each month instead of £425.56. I haven't even had to send them the letter I had drafted detailing it all!

My only concern is that they said they would "review it in 3 months' time". Now unless i win the lottery or find a better paid job (i am job hunting) then I don't see how I will be able to pay more in 3 months' time!

I have been told by a mate that providing i am paying something, an amount that i can afford and don't default on that amount each month, that NO legal action by the A&L can be made against me. Is this true? Do you think it likely that in three months' time the A&L will just allow me to continue paying the same amount if my circumstances haven't changed financially, because once I give up my overtime hours they will be given to another member of staff on the waiting list so they will be lost to me as good as forever and i don't want to make a decision that i might regret, but my health and well-being is far more important.

Many thanks for any advice/reassurance you can offer,
pink_poodle_queen

Hello,

Thank you for your message.

In three months if there is no change to your situation, still stick to paying what you can afford. The creditors can’t have what you can’t afford to give them. With regards legal action, they could choose to go down this route as you will have defaulted on the original agreement. However what they mean by legal action is a CCJ. CCJ’s are all done through paperwork and ask for your income and expenditure and an offer of repayment - so it would still be an affordable amount for you.

Sarah

CCCS_Sarah

swt61 wrote: »

Hi, I have a old Debt that used to be with The Halifax they issued a Default back in Oct 2003 they then after us requesting all the CCa information from them sold the Debt on to C.L Finance who then did send us some form of deed of assignment letter.

The Default came off our credit file for a couple of weeks after the Halifax sold the Debt on but within couple of weeks it re-appeared again as registered but with C.L Finance, they did at least put Oct 2003 as the start date.
I have now been informed after checking my credit file that this Default will come of my credit file this month as the 6 Years will have expired .

I have been paying very small amounts to them under a DMP

What can happen once this Default has expired can then take any further action at all ?

Regards,

Simon

Hi Simon,

Once the default has dropped off your credit file you would still be liable for the debt and they would still be able to take further action i.e. a County Court Judgment. Now the debt has transferred to CL Finance, just stick to your monthly payment as agreed on your DMP – don’t be pressured into paying more than you can afford.

Sarah

swt61

CCCS_Sarah wrote: »

Hi Simon,

Once the default has dropped off your credit file you would still be liable for the debt and they would still be able to take further action i.e. a County Court Judgment. Now the debt has transferred to CL Finance, just stick to your monthly payment as agreed on your DMP – don’t be pressured into paying more than you can afford.

Sarah

Thnaks Sarah, Once its dropped off myb'e I should try the application for a Valid CCa Route just to see if they do have one.

Is there anything that could stop a creditor applying for a CCJ in the Future as 2 of them under our DMP have gone down that route

Simon

darcy207

Hi

Can i just ask a quick question, myself an my partner have had huge debts which we have gone through an agency to sort these out and we are setting up payments with our creditors. However one of our creditors is disputing the amount of money we spend on diesel a week each which is 50 - 60 pounds each as we both travel 250 - 300 miles a week. Also the are disputing the gas and electric which we estimated cost 120 a month however we pay 134 for gas and 40 for electric so we have under estimated this. if they are not happy with what we send them what can we do or what will be there next steps?

In addition when we changed over to A&L our salarys and some small savings is there but as we own our creditor Asda card money which has been taken over by santander can they access our A&L account as i now know this belongs to santander?

All help appreciate as very stressed

BW

CCCS_Sarah

swt61 wrote: »

Thnaks Sarah, Once its dropped off myb'e I should try the application for a Valid CCa Route just to see if they do have one.

Is there anything that could stop a creditor applying for a CCJ in the Future as 2 of them under our DMP have gone down that route

Simon

Hi Simon,

A CCA request is for if you dispute the debt i.e. if you have received a letter about a debt that you knew nothing about.

When it comes to creditors applying for CCJ’s there is no set rules unfortunately, if you are paying what you can via a DMP then they can see that you are trying to clear then debt. Creditors are much more likely to go for A CCJ if they think there is a chance they will get more money from you for example if they thought you had more money than you were letting them know about or if you had high expenditure.

Hope this helps
Sarah

pink_poodle_queen

CCCS_Sarah wrote: »

Hello,

Thank you for your message.

In three months if there is no change to your situation, still stick to paying what you can afford. The creditors can’t have what you can’t afford to give them. With regards legal action, they could choose to go down this route as you will have defaulted on the original agreement. However what they mean by legal action is a CCJ. CCJ’s are all done through paperwork and ask for your income and expenditure and an offer of repayment - so it would still be an affordable amount for you.

Sarah

Thanks Sarah for getting back to me so quickly, your free advice is most appreciated.

One other thing, would I be best to change bank accounts as i also have my current account (and savings account - which is empty!) with A&L as well as having the loan with them?

Best,
pink_poodle_queen

CCCS_Sarah

darcy207 wrote: »

Hi

Can i just ask a quick question, myself an my partner have had huge debts which we have gone through an agency to sort these out and we are setting up payments with our creditors. However one of our creditors is disputing the amount of money we spend on diesel a week each which is 50 - 60 pounds each as we both travel 250 - 300 miles a week. Also the are disputing the gas and electric which we estimated cost 120 a month however we pay 134 for gas and 40 for electric so we have under estimated this. if they are not happy with what we send them what can we do or what will be there next steps?

In addition when we changed over to A&L our salarys and some small savings is there but as we own our creditor Asda card money which has been taken over by santander can they access our A&L account as i now know this belongs to santander?

All help appreciate as very stressed

BW

Hello,

If you can justify the figures in your budget try not to worry. You could ask your DMP provider to add a comment on your budget i.e. x mile round trip for work. Your gas does seem quite high does this include arrears? If so get your provider to breakdown the amount i.e. £90 current usage and £30 towards arrears. If that is your current usage then have you looked as switching companies?

I think you should have no problems with your bank account.

Sarah