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CCCS_Matthew

ramjet wrote: »

Hi there,new to this and about time I got my head out the sand.Quick summary lost job end of March always struggled to pay debts off but coped ok.Used to earn good money 60k ish and life style to suit and yes every month money was all gone.I have fallen behind with debts and after a short period of umemployment started part time work in September not much money but some.I used some redunancy money to retrain and do a 8 week intensive electrical course.Registered as a self employed sparky now to help with income.We are up to date with morgage no arrears at all and council tax.Have paid off 2 credit card almost 11k and now no money left ,its all gone.
I have a large debt owing to bank and a loan (18k) and now they are doing a CCJ end of November.I have proposed that I do £40.00 a month initially to at least pay something and the latter payments be increased to make up for the initial low start,they are not interested and now they say they want a lump sum suddingley.I am maxed out on overdraft £3.5k.My next move is to do a revised budgets and send to the courts,I admit to whats owed but the solicitors changing tactics now and asking for a lump sum is a bit strange,or is it ?.A earlier telephone conversation with them they said I could do installments over 5 years.Other debts owed with other lenders have accepted token payments and frozen interest.One lender took payment of £3.3 against a debt of £4.4k so it was worth paying off.It was so easy to get credit and amounts on cards kept growing with no ceiling being applied and ever increasing credit limits to match increased spending.I know I have been stupid but while debts were managed it was sort of ok but now the brown stuff is really flying and I am finding it difficult to think about anything else,family and friends are suffering.

Hi there.

If you're offer of payment has been rejected their only option is to go for a CCJ. If they petition for a CCJ you are given the opportunity to fill out the court paperwork (N1 form) to show your current financial situation and what you are prepared to offer. If the court feels it's an acceptable amount then they have to accept the agreement. Have you had the CCJ papers yet, or is it still at the stage where they are threatening this as their next step?

When you say "they're asking for a lump sum" is this what the solicitors have said? Or is it on document from the court saying that they've requested you to pay the balance "forthwith"?

Matthew.

CCCS_Matthew

rogersonjeff wrote: »

can i apply for a debt relief order if i have a mortgage

I'm afraid not. A DRO is not an option for somone that has a mortgage.

Matthew.

CCCS_Matthew

kevt47 wrote: »

Hi
Have an urgent question. In August I agreed to pay £11.28 off a debt every 2 weeks, ok so I only made 1 payment (Wont go into details here for the mo as complicated).
The arrangement was that I had to pay a minimum of £11.28 there & then on my debit card to avoid further action (Court) & call back every 2 weeks to do the same, despite being on benefits & having other debts.
So I made the first payment & no more, I have recently set up a direct debit to make payments that I can just about afford but the debt company took 2 payments of £11.28 the day I deposited the money to cover the DD, which is now in the process of bouncing.
Is this legal? because if it is I will end up with another larger debt & I have more than enough problems as it is.
Hope you can help thanks.

If they've taken money directly from your debit card which is not part of the Direct Debit agreement you have with them, then it's illegal. They cannot take funds out of your account without you agreeing to it.

If they've taken more than you've agreed then I would look at making a formal complaint and report them to the Ombudsman if they don't comply within 8 weeks.

Sadly, this is a common occurance for many people after providing details of their debit card or when setting up a Direct Debit. For peace of mind, I would suggest only making a payment via a Standing Order or through a payment book. That way you run no risk of them taking more than you've agreed.

Regards,
Matthew.

CCCS_Matthew

santiago7 wrote: »

Hi,

I have read alot of website where you can have the debt on your credit card wiped off if it was taken out before 2007?

I have had my credit card with MBNA for over 5 years (cant remember exactly when i got the credit card and i cant find my agreement anywhere)

I currenty have a debt of just over £5k on the card, is this something i could challenge with my credit card company to have it wiped off as i have had the credit card since before 2007?

BUT the amount on the credit card was transferred from another debt last year? Therefore this credit card has had a zero balance since i got it? does that matter?

I am trying to pay off my debts but starting to find it a bit hard, as i also have other debts which amount to £36k and it would be helpfull if i could get rid of the credit card.

My other debt is 3 x £10k Loans and Car Loan for £6k, my monthly repayments at the moment (without the credit card debt, loans only) is £720!

I am still managing to pay everything but starting to struggle a little now, is there anything i can do? Also i have a mortgage so bit worried about started any debt recovery as i do not want to lose my house.

Many thanks

Hi there.

There seems to be a lot of organisations offering “wipe-off debt” services for a substantial fee. It’s worth noting that consumer credit debts will only be written off, if there is clear evidence that the creditor in question has breached the guidelines set within the Consumer Credit Act. The commercial companies offering to wipe off debts seem to be advertising this to the wider market, without prior knowledge to the individual’s financial situation.

If you are in a position where you think your creditors have taken unnecessary action which breaches the CCA and have evidence that proves so, then you could consider going down the route of disputing the debt through County Court. I would be very careful of any organisation offering such services, especially when they are charging substantial fees with no guarantee of success, when it’s something that you could do for yourself.

My advice would be that if you do feel you have a case where you feel your creditors have breached the CCA, speak to someone who can offer free independent advice, such as the Consumer Direct.

More information can be found on the Office of Fair Trading website: http://www.oft.gov.uk/news/press/2008/consumeralert.
In the meantime, if you’re struggling to meet your credit commitments feel free to call us for to book an appointment with a debt counsellor on 0800 138 1111, or try using our Debt Remedy facility. Click here to go directly to Debt Remedy.

Regards,
Matthew,

Digitalscooby

Just about to be referred to CCCS for a DMP from National debtline. We've been through our budget and although it is tight we reckon we can offer 1,500 per month of around 80k of unsecured debt. I know that sounds a lot but it's 1,000 per month less than we are currently paying our creditors (I guess a LOT of that is interest!).

Does this seem reasonable?

Also, we have enought to pay all our creditors (just) and budget for December at the end of this month. It will take a little while to set up the DMP (end of year?) and a new basic bank account. I wanted to get through Christmas without the expected calls and letters.

Are we right to just pay them and say nothing about the DMP. We have managed to pay most of them each month - we have literally run out of all possible reserves - and I am concerned how they will react if we suddenly stop and say we can't pay the full amount.

Thanks

DS

xhosa9

CCCS_Matthew wrote: »

Hi Lou.

If you want to get confirmation of what has been paid over time time you've been making the payments you need to ask for a 'data subject access request'. Basically you're asking under the data protection act all of the information they hold on you, including payments made etc. I would be inclined to send this to the debt collection companies you've been sending the payments to. The following link should be of use, and also contains a template letter:
http://www.ico.gov.uk/upload/documents/library/data_protection/introductory/subject_access_rights.pdf

If you consider making an offer of settlement, there are no rules to say where you should start. Your best to start low and work your way up, so perhaps start at 30% and take it from there. You might find they accept a lower amount than you thought!

Hope this helps,
Matthew.

Thanks that is a great help. Much appreciated.

CCCS_Amanda

Digitalscooby wrote: »

Just about to be referred to CCCS for a DMP from National debtline. We've been through our budget and although it is tight we reckon we can offer 1,500 per month of around 80k of unsecured debt. I know that sounds a lot but it's 1,000 per month less than we are currently paying our creditors (I guess a LOT of that is interest!).

Does this seem reasonable?

Also, we have enought to pay all our creditors (just) and budget for December at the end of this month. It will take a little while to set up the DMP (end of year?) and a new basic bank account. I wanted to get through Christmas without the expected calls and letters.

Are we right to just pay them and say nothing about the DMP. We have managed to pay most of them each month - we have literally run out of all possible reserves - and I am concerned how they will react if we suddenly stop and say we can't pay the full amount.

Thanks

DS

Hi DS,

The main thing when you are putting your DMP together is that you have a realistic budget. If you can afford to pay your creditors £1500 per month (if they will help you with interest and service charges) your DMP will clear in less than 5 years. That is quite good going!

There is never a really good time to stop making your contractual payments to creditors. The main thing is that you do not go any further into debt to finance your payments. Pay what you can in December and hopefully by the time January’s payment rolls around your DMP will be set up.

Regards,
Amanda

TWINKLE

Due to the knock-on effects of my September salary being eaten up by my old banks overdraft, I have written to my loan company (£300 left to pay) to ask that they allow me until next week to pay this month's payment. I have also written to Halifax credit card and Leeds BS card requesting to next week to make a payment. I don't know what my chances are of this being accepted, but I have never missed any payments with them before. I have to phone Egg to see if they could change my direct debit date to next week also - don't know what the chances of this would be, although I'm not in any arrears. My old bank are STILL adding on fees upping my old overdraft, even though I have provided them weeks ago with all the details needed to look at freezing these fees under hardship. Maybe they are stalling for time!

Does anyone know if requesting reduced payments or deferment of payment for approx one month is the same as a DMP? I'm just trying to get my head above water again after overdraft fiasco.

I just have to wait on replies from Leeds, Halifax, Loan company and Egg - don't know what the chances are. Have to pluck up the courage to phone Egg first - does anyone know if they are fair??

Any advice greatly appreciated!

honey56

Hi, I moved to France nearly 6 years ago Before I went I payed off alll my credit cards and phoned the credit card companies to cancel my cards. When I spoke to them I was advised not to cancel all the cards because it would effect my credit rating if I came back to England so I kept some of them. Paid them of again last year but since then have had to use them because our business wasn't doing very well. Now I am having trouble paying them off, have thought of the unenforceability route but don't know if I can do this because I don't live in the UK anymore, wondered if you have any suggestions. Would be very glad of any advise.

Honey56

lmclean100

Hi

I complete the debt remedy and 'signed up' to CCCS last week but I've still not had my welcome pack yet. I was wanting to start my DMP on 1st December.

Any idea when the pack will come?

L