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swt61

swt61 wrote: »

Hi, We are going to court today for a hearing with SCM/Lloyds for a debt in my wifes name.

She is very worried & wants me to speak on her behalf if they will allow it as I deal with all the details under the DMP.

We have been paying this debt back for sometime under a DMP where initially the payments were agreed but after our circumstances changed we had to drop the payments somewhat.

We received aCCJ form from northampton county court and we replied within the time but offered the payment that we could afford and also sending the proof of our income and expenditure to back it up.

SCM refused our offer and wanted £40 per month instead of the £9.21 that we can currently afford.

We then were told that we had to pay £35 to get it looked at again £35 which we did not have spare really but we had top pay it.

Yet Again SCM refused our offer, we then sent a letter for reditermination fo the amount and that is what the court hearing is about today.

Is there any way that we could get this CCJ set aside as we have been making payments to them regularly for the last 5 years ( during that time odd ones have been late and possibly 1 or 2 missed over that time due to no monies available).

Any advice would be appreciated greatly as I have to leave for court at 11 am today.

We have got a copy of the original cca and are in no way saying that we do not owe the monies.

Regards,

Simon

SCM & LLOYDS LOST WE WON !!!

They did not turn up & the Judge within about 2 mins if it was that long

Said O.K £10 per month

RESULT only £0.79 p a month more :j

Simon

scholars13

Hi
I today received a letter from RBS saying they wish to call me next week regarding my PPI claim from my NatWest loan taken out few years ago. At the time the staff member dealing with me said I had to have the PPI to get the loan agreed (Mis-selling as I understand it!)

Also as the loan was to consolidate other card debts one card balance wasnt included in her sums otherwise the loan would have not been agreed due to that reason anyway! They have sent copies of my agreements both loan and PPI that I have signed so do I speak to them or continue to correspond by letter?

Im worried I may get caught out in conversation and would rather use the template letters etc to ensure I can get some form of refund I firmly believe im entitled to or should I use the opportunity to explain the situation with the staff member not including the extra card debt when credit scoring me? An oversight which has in fact ended up with me owing a lot more than I would ever have, had the loan been declined at the time and me dealing with my debts sooner rather than a much more expensive later!!!

I would welcome any thoughts???

Northstar68

swt61 wrote: »

SCM & LLOYDS LOST WE WON !!!

They did not turn up & the Judge within about 2 mins if it was that long

Said O.K £10 per month

RESULT only £0.79 p a month more :j

Simon

FANTASTIC NEWS!!! Well done! I am so happy to hear this.
Our hearing is in Feb but MBNA have gone for a redetermination as they werent happy that Northampton ruled in our favour to pay £3 a month. So this is what is happening for us.
This has given me and my OH a real boost.
Enjoy the feeling.........apologies for hijacking this thread which is for questions....I just had to congratulate Simon! :beer:

CCCS_Amanda

nicnak100777 wrote: »

Hi Looking for advice, In the last few weeks I've been recieving letters from Scottish Power for a £717 bill for an address I lived at 9 years ago, I've never heard of this bill before then all of a sudden the sheriff officers where at my door today to serve me papers from them, Can they do this?

Thanks Nichola

Hi Nichola,

I have sent your query up to a colleague in Scotland to ensure you get the right information.

I will post a reply to your question as soon as possible.

Regards,
Amanda

CCCS_Amanda

redpolly1 wrote: »

Hello
Started a CCCS DMP in July. Have mortgage with NR plus an unsecured loan. They rejected the lower payment and have just issued a CCJ. How likely is it that the payment will be accepted on the CCJ? Can't understand the logic of going for one if they will have to take the reduced payment anyway. I spoke to NR and the woman there said they were going for a Charging Order. This was before we had even returned the forms! Does this mean it is all a formality and they will reject whatever offer we make? Not really sure about all of this as never been in any sort of trouble before. It is all very scary. We have kept up to date with the mortgage and we are in massive negative equity. Will any of this stop the charging order?
A number of our creditors have rejected the reduced payments. Will they all go for CCJ's? My husband lost his job so we have been struggling. He has now got a permanent one and we have been able to reduce the term from 10 to 7 years so we really are trying. None of this ever seems to be taken into account. We keep being told the steps are automatic regardless - would have thought NR would have more sympathy, they have more debt than all us put together and ironically they owe it to us!

Thanks for your time

Hi redpolly1,

Thank you for your post.

When you complete your forms northern Rock will have an opportunity to review them and decide whether they will accept your offer. If they do not accept your offer then the form you complete will be sent to the court for the court to asses your offer. As long as your offer is reasonable the court should set your judgement at the amount you have offered. As long as you make payments to the judgement you should not get a charging order on your property.

The only problem you may have is if Northern Rock asks for your payment forthwith, this means you have to pay all of the balance straight away and as you are unable to do this the judgement would fall into default. If a judgement is in default you probably would get a charge on the property. However, you can defend a charging order.

If you were to get a charging order it does not mean that you have to move. A repayment will be set on the judgement for you to pay; as long as this is paid you should not have a problem. Creditors sometimes apply for charging orders to protect themselves if you were to sell the property.

Regards,
Amanda

CCCS_Amanda

mamijaka wrote: »

hi sarah counsellor, pls can u help send me a reply. i posted my messages 4 the 1st time yesterday. am so stuck, my credit cards all due on thursday, i hv absolutely no money left in my account, cccs say they r posting out dmp to me. still waiting. too scared to call any creditor. what do i do? how do i know amount to pay? applied for 2 new basic accounts in citibank & abbey. awaiting confirmation. hv cancelled all direct debits. all od maxed as well. pls can u help me know where to go from here? big ta

Hi there,

I think Sarah has already answered your question.

Kind regards,

Amanda

CCCS_Amanda

Deeks wrote: »

Hi, my dmp has been setup and the 1st payment to my creditors are to start this month (through cccs). I'll be paying the trans cash tomorrow and sending off the direct debit slip.

I have also setup a new bank account and have my wages paid into there.

I've just had Barclays on the phone regarding my current account/overdraft and a unsecured personal loan both of which are included on my dmp.

This call was very friendly and helpful. The chap I spoke to has put into place a temporary 2 month agreement to stop further charges going onto my overdraft. and has requested that I pay £25 each to the overdraft and personal loan and has changed the expected payment date to the 4th of each month. After the 2 month period is up, they will contact me again to see if any changes in my personal circumstances have changed.

Looking at the dmp letter from cccs, the recommended payment from what I can afford is £22.94 for the overdraft and £63.03 for the loan.

Unfortunately I hadn't noticed this when speaking to Barclays.

So to my questions.

A) Is there enough time to make sure the payments are received by Barclays on the 4th December, assuming that I make the trans cash payment on the 5th November?

Is it possible to change the amount of payments to them. (i.e pay the £25 for the overdraft and reduce the loan payment to £60.97)? An if so how would I arrange this?


Many thanks for your help

Hi Deeks,

Thank you for your post.

The answers to your questions are as follows:

Is there enough time to make sure the payments are received by Barclays on the 4th December, assuming that I make the trans cash payment on the 5th November?


As long as we receive your payment in time for November disbursement then they should receive the money by the 25th of November. We request that payments are made as close to the 1st of the month to ensure your money is with us in time.

Is it possible to change the amount of payments to them. (i.e pay the £25 for the overdraft and reduce the loan payment to £60.97)? An if so how would I arrange this?


The payments to your creditors are calculated on a pro-rata basis. The creditors all know this. Wait and see what Barclays say when they receive your offer letter.

I hope this helps.

Regards,
Amanda

CCCS_Amanda

sunnydais wrote: »

Hi folks
am entering the last phase of starting my DMP...NatWest opened me an account real quick even though I applied on line and sent stuff in per post so I can now get my salary paid into NatWest from December. I have pay day advance cheques that will come off my existing BoS account soon. I can't roll them over again as I know I am about to close the Bank of Scotland account. What do I do? Close the account with the Bank of Scotland right away after paying my DDs for the month? ( my salary is paid into the BoS for last time on Friday I have overdrafts and a small loan with them) and advise them of these cheques I can't stop? The Cheque place will present them no matter what.
thanks

Hi Sunnydais,

If your account with the Bank of Scotland is overdrawn they will not let you close the account. When the cheques are presented, if there is not enough money in the account, the bank will return them and charge your bank account. To ensure that you have enough money this month to live on you could take all of the money from the bank account prior to the cheques being presented.

We will just include the debts to the cheque cashing company on your DMP.

I hope that this helps.

Regards,
Amanda

CCCS_Amanda

cashstasher wrote: »

Hi, firstly want to say a big thank you to the team at CCCS. I am 2 years into my DMP and your help has been brilliant.

My question: Is it possible to get car finance while in a DMP? I don't have any savings and I need to travel 25,000 miles a year as part of my job (company only gives cash allowance, no car option). What are my options please?

Hi cashstasher,

Give our client support department a call and they will be able to discuss your options with you.

Regards,
Amanda

CCCS_Amanda

swt61 wrote: »

SCM & LLOYDS LOST WE WON !!!

They did not turn up & the Judge within about 2 mins if it was that long

Said O.K £10 per month

RESULT only £0.79 p a month more :j

Simon

Hi Simon,

RESULT!!

Sorry we did not get back to you yesterday – good going!! :T

Amanda